Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Consumer Protection – Sale of Goods through ‘Free on Board |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Consumer Protection – Sale of Goods through ‘Free on Board’ Basis – Quantum of compensation – Appellant during the course of its business entered into a contract with respondent no. 5 for export of goods for a total invoice value of US$ 31,920 (Rs.13,79,901/- approx.) – Mode of payment was agreed to be through Letter of Credit (LC) against the Forwarder Cargo Receipt (FCR) – The sale of goods was through a ‘Free on Board’ (FOB) contract – Respondent Nos. 1-3 were appointed as forwarding agents to collect goods and forwarding the same – Respondent no.1 mentioned the port of loading to be Jawaharlal Nehru Post Trust, Bombay instead of FOB, New Delhi on the FCR, which was rectified later on – After shipping goods, the Letter of Credit presented by the appellant could not be honoured on account of discrepancies in the FCR – The appellant neither got the goods back nor did they get any payment in respect of the said goods and therefore the appellant approached the concerned State Consumer Commission – State Commission allowed the complaint and awarded a sum of 13,79,901/- towards loss suffered, 50,000/- for mental agony and 10,000 towards the cost of litigation – National Commission set aside the judgment passed by the State Commission – The National Commission, reduced the compensation to Rs.10,000/- only along with an interest at the rate of 9% p.a. – On appeal, held: It is only after the appellant approached respondent no.1 to issue a certificate/letter rectifying the error regarding the wrong point of loading, the respondent issued such a certificate/letter mentioning that the shipment was loaded from FOB New Delhi and effected from JNPT Bombay – The State Commission has based its decision that a mistake was committed by the respondent no.1 while issuing the FCR to the appellant – The National Commission has categorically held that there was deficiency in rendering services by the respondent no.1, therefore, the it ought not have reduced the compensation payable to the appellant – National Commission was not right in setting aside the judgment and order passed by the State Commission – Respondents to make the payment as assessed by the State Commission. Words and Phrases – Free on Board – Bill of Lading – Letter of Credit – Explained. |
Judge | Hon'ble Ms. Justice B.V. Nagarathna |
Neutral Citation | 2022 INSC 1194 |
Petitioner | M/s Bawa Paulins Pvt. Ltd. |
Respondent | Ups Freight Services (india) Pvt. Ltd. And Another |
SCR | [2022] 9 S.C.R. 1162 |
Judgement Date | 2022-11-10 |
Case Number | 8298 |
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