M/s. Transport Corporation of India Ltd. v. M/s. Veljan Hydrair Ltd.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2007 Supreme(Online)(SC) 196

SUPREME COURT
unknown, unknown
M/s. Transport Corporation of India Ltd. v. M/s. Veljan Hydrair Ltd.

Table of Content
1. facts regarding the consignment and its non-delivery. (Para 1 , 2)
2. arguments presented against liability and service deficiency. (Para 3 , 4)
3. court observation on complaint procedures and limitations. (Para 5 , 6 , 10 , 12)
4. ratio related to service and freight considerations. (Para 8 , 9 , 13)
5. final ruling and dismissal of the appeal. (Para 14 , 15)

1. This appeal is directed against the order dated 11.8.2004 of the National Consumer Disputes Redressal Commission ('National Commission' for short) affirming the order dated 14.6.2004 passed by the Andhra Pradesh State Consumer Disputes Redressal Commission ('State Commission' for short).

3. The appellant did not dispute the factual position alleged by the Respondent. It resisted the claim on the following three grounds :
(i) The respondent did not issue a notice under S.10 of the Act, about the loss of the consignment, within six months of the time when the loss first came to its knowledge. Therefore, the complaint was barred under S.10 of the Act.
(ii) The cause of action arose on 8.11.1996 when the respondent instructed the appellant to rebook the consignment and on 22.1.1997, when the consignment was reboo