Compensation of Rs 1 lakh imposed upon Malaysian Airlines for delay and damages caused to a consignment

National Consumer Disputes Redressal Commission (NCDRC): An amount of Rs 1 lakh has been imposed upon Malaysian Airline System Berhad as compensation for delay and damages caused to a consignment which was airlifted by the Airlines from Los Angeles to India.

Facts of the case are that the complainant Firm had engaged the services of the Malaysian Airlines for airlifting of the consignment from Los Angeles to India on November 12, 1999 but only a part of the consignment arrived in India on its scheduled date of December 15, 1999, and the other part came on January 6, 2000, in a damaged condition. Alleging deficiency on the part of Malaysian Airlines, complainant Firm filed complaint before Delhi State Commission. After hearing both the parties and considering factual aspects of the case, State Commission partly allowed the complaint and directed the Airlines to pay Rs. 75,000/- towards loss incurred on account of damage and delay and Rs.1,00,000/- for harassment, mental agony etc. Against the said order, an appeal was filed before the National Commission by the Airlines.

After perusal of material on record and hearing the submissions of both the parties, NCDRC modified the order passed by the State Commission and observed that as complainant Firm had not adduced any evidence to prove damage by pleading what was the price on the due date of delivery and what was the price on the actual date of delivery, it is appropriate to reduce compensation to Rs. 50,000/- against Rs. 75,000/- allowed by the State Commission towards damage caused to the goods as well delay in delivery of consignment. While partly allowing the appeal, National Commission further noted that as no reasons have also not been given by the State Commission for allowing compensation of Rs. 1,00,000/- towards harassment, mental agony, etc., it would be appropriate to reduce aforesaid amount of Rs. 1,00,000/- to Rs. 50,000/- to meet the ends of justice, as admittedly there was delay in delivery of consignment. [Malaysian Airline System Berhad v. Dentply India (P) Ltd., 2017 SCC OnLine NCDRC 3, decided on January 5, 2017]

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