US courier firm to pay Rs 1 lakh to exporter for negligence

A courier company has been asked by the Delhi Consumer Commission to pay Rs one lakh to an export house in New Delhi.

An American courier company has been asked by the Delhi Consumer Commission to pay Rs one lakh to an export house in New Delhi for its failure to inform it about the refusal of a Gulf-based consignee to take delivery of goods, resulting in their auction by the airport authorities.

There was a “lapse” on the part of courier company, Polar Air Cargo, in not informing the export house as to the refusal of consignee, Golden Eagle, to take the delivery of the consignment of readymade garments, resulting in its auctioning, Commission Chairman Justice J D Kapoor said.

City-based Memsahab Exports, engaged in the business of manufacturing, sale and export of readymade garments, had booked consignments with the courier company at Delhi in 1997 for delivery to Falcon Readymade Garments Factory at Sharjah in UAE.

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The Falcon Readymade Garments Factory, however, cancelled the order, making the export house to request the courier company to deliver the goods to another firm Golden Needle Enterprises at Ajman in UAE.

In its complaint before the Commission, the export house said the consignment worth 27,966 US Dollar was auctioned by the airport authorities at Dubai as the courier company did not tell it about the consignment lying unclaimed at airport.

The courier company, on the other hand, claimed, it had already informed the consignee about the arrival of the goods.

“The contention of courier company that its obligation was to give notice to the consignee on the arrival of the goods does not mean it is not obliged to inform the consignor about the fate of the consignment,” the Commission said.

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It, however, held the courier company’s liability as limited after noting that there was no contract between the parties for indemnification of the consignment.

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