Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | CONSUMER PROTECTION ACT 1986: Object and historical background of its enactment - Discussed. |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | CONSUMER PROTECTION ACT, 1986:Object and historical background of its enactment - Discussed.Complaint by consignor claiming compensation - Jurisdiction of National Commission under the CP Act to entertain - Held: National Commission has jurisdiction under the CP Act 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 Carriage by Air Act and the Warsaw Convention - Carriage by Air Act, 1972. Deficiency in service - Delivery of consignments - Complaint filed before National Commission by consignor claiming compensation for deficiency in service on the ground that the consignments were delivered to wrong person - National commission held that the services rendered by carrier were deficient and held it liable to pay compensation equivalent to USD 71,615 - Order of National Commission challenged on the grounds that it had no jurisdiction to entertain the complaint and there was no deficiency of service - Held: There was no legal infirmity in the National Commission exercising its jurisdiction, asĀ· the same can be G considered a Court within the territory of a High Contracting Party for the purpose of Rule 29 of the Second ScheduleĀ· to the CA. Act and the Warsaw Convention - Consignment was delivered to M/s LIWE ESPANOLA - Perusal of the airway bill showed the name of the consignee as BBSAE, Madrid and thereafter, the name of M/s LIWE ESPANOLA was mentioned - The stand of the appellant-carrier cannot be accepted that since the name of M/s LIWE ESPANOLA also appeared along with BBSAE, Madrid, the consignment was delivered to the notified party - If, for any reason, the appellant-carrier was of the view that the particulars furnished were insufficient for effecting the delivery of the consignment, it was expected from the appellant-carrier to have made enquiries - The appellant, being an airline carrier of high repute and effecting transportation of goods to various parts of the world including Spain is expected to be fully aware of the consignee's name, which was indicated in the consignee's box and they should have notified the notified party immediately after the arrival of the consignment - Since, that was not done, the National Commission was justified in holding that there was deficiency of service on the part of the carrier in not effecting the delivery of goods to the consignee.National Commission whether a "court" - Held: The use of the word "Court" in Rule 29 of the Second Schedule of the Act has been borrowed from the Warsaw Convention - The word "Court" has not been used in the strict sense in the Convention as has come to be in our procedural law - The word "Court" has been employed to mean a body.that adjudicates a dispute arising under the provisions of the CP Act - The Act gives the District Forums, State Forums and National Commission the power to decide disputes of consumers - The jurisdiction, the power and procedure of these Forums are all clearly enumerated by the Act - Though, these Forums decide matters after following a summary procedure, their main function is still to decide disputes, which is the main function and purpose of a Court. CARRIAGE BY AIR ACT, 1972: Object and historical background of its enactment - Discussed.WORDS AND PHRASES: Court - Meaning of - Discussed |
Judge | Honble Mr. Justice H.L. Dattu |
Neutral Citation | 2011 INSC 689 |
Petitioner | Trans Mediterranean Airways |
Respondent | M/s Universal Exports & Anr. |
SCR | [2011] 14 S.C.R. 47 |
Judgement Date | 2011-09-15 |
Case Number | 1909 |
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