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Judgment
THE complainant M/s. Sawhney Export House Pvt. Ltd. sent Ready Made Garments to M/s. Ivory International, Miami, Florida, U.S.A. in August, 1991. The consignee was South East Bank N. A, Miami who was to deliver the goods to the importer M/s. Ivory International against presentation to original Bill of Lading and other documents. The consignment was of the value of U.S. $ 36,736 and freight payable to the carrier was U.S. $ 1,652. The importer, however, could not take delivery of the goods from the carrier because of the embargo imposed by U.S. Government on the shipment of blouses. The cargo was put in the customs bonded warehouse at the port of destination which also incurred demurrage charges. According to the complainant, as consignor, he had requested the carrier to intimate the demurrage charges to be paid on account of storage of goods in customs bounded warehouse so that he could pay the same in Delhi. In the absence of any response from the Opposite Party, he assumed that the cargo must have been delivered to an unauthorised person without collecting the original documents lying with the consignee bank. Therefore, he lodged a claim for U.S. $ 59,109.00 as per details given below: (i) For value of consignment U.S. $ 36,736.00 (ii) Interest @ 24% p.a. from 10-10-91 To 10-11-91 with quarterly rest U.S. $ 10,570.00 U.S. $ 47,306.00 (iii) Compensation on U.S. $ 47,306.00 @24.95% based on G.P. average of the year 1990-1992. U.S. $11,803.00 Total: U.S. $ 59,109.00
THE facts of the case briefly narrated above would indicate that they are essentially the same as in Original Petition No. 267 of 1992 M/s. Sawhney Brothers v. American President Lines Ltd. and the nature of the complaints is also the same. It is, therefore, not necessary to record any elaborate order to dispose of this complaint. The order passed in Complaint No. 267 of 1992 would apply mutatis mutandis including that the complainant is liable to pay a sum of Rs. 5,000/- as costs to the Opposite Party.