Consumer Protection Act, 1986

2011 SCCL.COM 646(Case No: Civil Appeal No. 1909 of 2004)
Trans Mediterranean Airways Appellant versus M/s. Universal Exports & another Respondent(s)
Date of Decision(mm/dd/yy): 9/15/2011.
Judge(s): Hon'ble Mr. Justice G.S. Singhvi and Hon'ble Mr. Justice H. L. Dattu.
Subject Index: Consumer Protection Act, 1986 — operation of — in question — Carriage of Air Act, 1972 alongwith Warsaw Convention, 1929 — wrong delivery of the consignment — deficiency in service — whether the National Commission under the CP Act has the jurisdiction to entertain and decide a complaint filed by the consignor claiming compensation for deficiency of service by the carrier, in view of the provisions of the CA Act and the Warsaw Convention. Or whether domestic laws can be added to or substituted for the provisions of the conventions — whether the appellant can be directed to compensate the consignor for deficiency of service — yes — the value of the subject matter was more than `20 lakhs. The Supreme Court found no legal infirmity in the National Commission exercising its jurisdiction, as the same can be considered a Court within the territory of a High Contracting Party for the purpose of Rule 29 of the Second Schedule to the CA Act and the Warsaw Convention — the appellant-carrier cannot shift the burden by contending that it was expected from the consignor and his agent to have furnished the correct and proper particulars of the consignee in the airway bill. If, for any reason, the appellant-carrier was of the view that the name of the consignee is not forthcoming or if the particulars furnished were insufficient for effecting the delivery of the consignment, it was expected from the appellant-carrier to have made enquiries — the order of the National Commission directing the appellant to pay a sum equivalent to US $71,615.75 with 5% interest to the complainant and costs of Rs.1 lakh for deficiency in service upheld — appeal dismissed.