S.N. Kapoor, Presiding Member— Tamil Nadu State Consumer Disputes Redressal Commission by its order dated 17.10.1997 dismissed the complaint against the British Airways World Cargo for loss due to non-delivery of the insured cargo to the appellant. Feeling aggrieved by the order, the appellant consignee and the insurer both have filed the present appeal.

2. The complaint was jointly filed by Southern Petrochemical Industries, the consignee beneficiary—a consumer and The New India Assurance Co. Ltd., the insurer of the consignment on 24th May, 1996.

3. On 26.5.1994, M/s Siemens Germany entrusted a consignment of 298 pcs of ICs for SCE/OPU system to British Airways for safe carriage from Frankfurt Germany to Madras, India. The appellant No. 1, Southern Petrochemical Industries was the consignee in respect of the consignment of 298 pcs. Of ICs. British Airways, the respondent accepted the consignment in good and sound condition and issued an Airway Bill bearing No. AWB 0936 3911 dated 26.5.1994 and HWAB No. FRA 310 103. The flight, which was supposed to carry the above said consignment namely, BA 147 arrived at Madras on 29.5.1995. As per the landing remarks issued by the Internati