R.C. Jain, Presiding Member—As the facts and questions of law involved in both these original petitions are similar, we propose to deal and decide both these complaints by means of this common order.

2. Original Petition No. 89 of 1995 has been filed by Mr. Virender Khullar in the capacity of Sole proprietor of Babusha International against the Opposite Party/American Consolidation Services Ltd. (For short, ‘ACS’) seeking a claim in the sum of Rs. 35,31,607/15P alleging deficiency in service on the part of the said opposite party under the following heads:

(a) The price of the consigned goods as per invoices U.S. $ 67,190.40 at the rate of Rs. 31/- per dollar Rs. 20,82,902.40

(b) Damages incurred Rs. 10,00,000.00

c) Simple interest at the rate of 21% per annum on the said amount i.e. (a) + (b) till the date of filing of the complaint from December, 1994 till 31st May, 1994 Rs. 03,23,704.75

(d) Legal expenses likely to be incurred in prosecution of the complaint Rs. 50,000.00

(e) Compensation for loss of time and energy in pursuing the claim Rs. 75,000.00

TOTAL Rs. 35,31,607.15

3. The undisputed facts of the said complaint, which we may notice are that the above named comp