Mr. Justice D.P. Wadhwa, President—This complaint was filed on 6.4.1992 complaining deficiency in service on the part of the opposite party for loss/non-delivery of the consignment of the complainant containing computer hardware valuing at Rs. 36.00 lakhs which was entrusted to opposite party who is a common carrier as defined in the Carriers Act, 1865. Negligence was alleged on the part of the opposite party in not delivering the consignment entrusted to it for being transported from Mithapur (Gujarat) to Bombay. Complainant, therefore, claimed damages amounting to Rs. 36.00 lakhs with interest @ 18% per annum from 10.10.1990, the date of entrustment of the consignment, till payment.

It is not necessary for us to set out the details of the consignment.

Defence of the opposite party was two-fold that, (i) it did deliver the consignment though at a later stage; and (ii) that as per the terms of the consignment note opposite party was liable to pay the maximum of US $ 100 where the consignment is international and Rs. 1,000/- where it is domestic.

2. After the pleadings were complete with the consent of the parties this Commission by its order dated 17.7.1993 referred the dispute f