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K.S.GUPTA, P.D.SHENOY
Sushma Gupta – Appellant
Versus
Zim Istael Navigation Company Limited – Respondent


Advocates:
Counsel for the Parties:
For the Complainant:Rajesh Khosla, Advocate.
For the Opp. Party Nos. 1 and 2:D.D. Singh, Advocate.
For the Opp. Party No. 3:Mohinder Singh, Advocate.

ORDER

Dr. P.D. Shenoy, Member—Case of the complainant.

Smt. Sushma Gupta is the sole proprietor of M/s Sakshi Exports, New Delhi. She had through M/s Airlift Carriers respondent No. 4 had entrusted 174 packages containing readymade garments to OPPOSITE PARTY, (hereinafter referred to as OP) No. 3 for carriage by sea to Budapest via Hamburg with the specific instructions that goods must reach within 90 days of the purchase of the order dated 10.11.1993 to the consignee. Despite strict instructions, OP No. 3 delivered the cargo for shipment as late as on 5.1.1994 to the shippers and the shipping company carried this consignment via Koper (Slovenia) contrary to the instructions which reached Budapest only in the 1st week of March. OP No. 3 delayed the delivery of the cargo and the shipper had not taken the shortest route to Budapest. The negligence of the opposite parties No. 1, 2 & 3 caused unpardonable delay resulting in total loss to the complainant. Accordingly, she prayed for granting following relief:

“(i) The claim of the complainant, for a total compensation of Rs. 29,39,625.20 (Rupees twenty nine lacs nine thousand six hundred twenty five and paise forty only) against the op
















































































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