9911796707
TMI Blog1996 (5) TMI 415X X X X Extracts X X X X X X X X Extracts X X X X ..... ntiff manufacturer appears to have an agreement with a German buyer for summer season, 1990 and consigned certain goods with documents sent in a cover on May 25, 1990 Containing (1) invoice No.32; (2) packaging list; (3) Original Export Certificate and certificate of origin No.T/WG/001316 dated 24.5.90; and (A) Original GSP Form A No.E1. It would appear that the cover did not reach the destination. Consequently, though the duplicate copies were subsequently sent by the date of receipt of the consignment, the season was over. Resultantly, the Consignee agreed to pay only DM 35,000/- instead of invoice value DM 56,469.63. As a result, the appellant laid the complaint before the State Commission for the difference of the loss incurred by the r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he appellant. The State Commission, therefore, was right in awarding the damages. We find no force in the contention. It is true that the Act is a protective legislation to make available inexpensive and expeditious summary remedy. There must be a finding that the respondent was responsible for the deficiency in service, the consequence of which would be that the appellant had incurred the liability for loss or damages suffered by the consumer due to deficiency in service thereof. When the parties have contracted and limited their liabilities, the question arises: whether the State Commission or the National Commission under the Act could give relief for damages in excess of the limits prescribed under kha Contract? It is true that th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y of the terms of the contract based upon the fact situation and may grant remedy. But each case depends upon fits own facts. In an appropriate case where there is an acute dispute of facts necessarily the tribunal has to refer the parties to original civil Court established under the CPC or appropriate State law to have the claims decided between the parties. But when there is a specific term in the contract, the parties are bound by the terms in the contract. The National Commission in the impugned order pointed out as under: We have considered the submissions of the counsel for the parties on the facts of the case and having regard the earlier decisions of this Commission. The consignment containing the documents sent in the cover ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ow DHL and its servants and agents are firstly not to be liable at all for certain losses and damages and secondly wherever they are to be liable the amount of liability strictly limited to the amount stated in condition and customers are therefore advised to purchase insurance cover to ensure that their interests are fully protected in all event. Under clause 5 of the terms end conditions of the contracts the liability of the Appellant for any loss or damage to the consignment: was limited to US $ 100. Clause 7 of the contract specifically provided that the liability of the Appellant for any consequential or Especial damages or any otter indirect loss, that may occur including the loss of market or profits etc. was excluded. It is also per ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
