V.K.JAIN
Neetha Impex Pvt. Ltd. – Appellant
Versus
DHL Worldwide Express rep. by its Company Secretary – Respondent
V.K. Jain, Presiding Member—The complainant which is an exporter consigned exported fabric worth Rs.31,76,195/- and sent the goods to the overseas buyer, by ship. The goods were consigned to Serif Implex Trading Company L.L.C., Dubai and were to be delivered at Kongo. The consignment having been financed by Union Bank of India, Hyderabad, the shipping documents were sent by Union Bank of India, Hyderabad to M/s. Overseas Marketing, bearing the address C/o, Somafri Bankque Development De MALI BP 94, Bamako in MALI through opposite party No.1 DHL Worldwide Express. The consignment instead of being delivered to Overseas Marketing was delivered to one Yattassaye. On the basis of the said documents, the goods were obtained by some unauthorized person thereby, causing loss to the complainant. Alleging negligence on the part of opposite party No.1 in rendering services to it, the complainant s before this Commission, seeking price of the consignment along with interest @ 24% per annum, amounting to Rs.15,24,576/- and compensation quantified at Rs.75,00,000/- making a total of Rs.1,22,00,000/-.
2. The complaint has been resisted by opposite party No.1, which inter-alia alleged in its
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