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R.K.AGRAWAL, S.M.KANTIKAR
Trade Wings Logistics (India) Pvt. Ltd. – Appellant
Versus
M. S. S. Asan Exports – Respondent


Advocates:
Counsel for the Parties:
For the Trade Wings Logistics:Mr. P. Sureshan, Advocate
For the Shivex Courier& Cargo:Ms. Usha Nandini V., Advocate
For the MSS Asan Exports:Mr. S. Hariharan, Advocate
For the DHEL Express India Ltd.:Mr. Sudeep Dey, Advocate forMr. Sanjeet K. Trivedi, Advocate
For the DHL Express: Ex parte vide Order dated 27.08.2015

ORDER

Dr. S.M. Kantikar, Member.—Both the Appeals have been filed under Section 21 (a) (ii) read with Section 19 of the Consumer Protection Act, 1986 challenging the Order dated 16.07.2014 passed in C.C. No. 29 of 2006 by the Tamil Nadu State Consumer Disputes Redressal Commission, Chennai (hereinafter referred to as the ‘State Commission’) whereby the complaint was allowed and the Appellant was held liable for deficiency in service.

2.For the convenience, the Parties are referred to as their position in the Consumer Complaint No. 29 of 2006 filed before the State Commission. The facts are drawn from F.A. No. 1438 of 2014.

3.Brief facts of the case are that the Complainant/Respondent effected a consignment of sea shipment for 140 bales kasturi methi leaves and 12 cartons of spices to M/s Somya Inc., USA. On 18.11.2005, the Complainant handed over the original shipping documents in a sealed cover to M/s Trade Wings Express Couriers Pvt. Ltd. (hereinafter referred to as the “Opposite Parties -1 & 3/Respondent-2”). Opposite Party-1 received the consignment from one M/s Shivex Courier & Cargo Pvt. Ltd. (hereinafter referred to as the “Opposite Party-2/Appellant”) and routed the shipment d

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