LexE.L.C.M. EXPORTS LIMITED versus SOUTH INDIAN CORPN. (AGENCIES) LTD. & ANR.
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[2009] 11 S.C.R. 275 E.l.C.M. EXPORTS LIMITED v. SOUTH INDIAN CORPN. (AGENCIES) LTD. & ANR. (Civil Appeal No.4290 of 2003) JULY 21, 2009 [MAR~NDEY KAT JU AND V.S. SIRPURKAR, JJ.] ''. CONSUMER PROTECTION ACT, 1986: A B s. 24-A - Complaint - Period of /imitation - Goods C exported - Shipment delayed and foreign buyer refusing to accept consignment - Complaint before National Commission - Dismissed as barred -by limitation, applying Article Ill, Clause 6 of the Schedule to Indian Carriage of Goods by Sea Act - Held: The provision of Carriage of Goods by Sea Act will be applicable in a case where a suit is filed -- D The word "suit" has a technical meaning which denotes proceedings instituted uls 9 CPC - A complaint before Consumer Forum is not a suit and, therefore, Carriage of Goods by Sea Act is not applicable to the facts of the case and the Consumer Protection Act will only apply- Sub.s.(2)-E of s.24-A of the 1986 Act clearly mentions that,a complaint can be entiifained under the Ac't even after the prescribed period of two years if the complainant satisfies the Forum/ Commission that he. had sufficient cause for not filing the complaint within the prescribed period - Accordingly, order F of National Commission is set aside and the matter is remitted to it for deciding the complaint afresh in accordance with law by applying s.24-A of the 1986 Act and not the 1925 Act- Indian Carriage of Goods by Sea Act, 1925 - Schedule - Article Ill, Clause 6 - Limitation. G CIVIL APPELLATE JURISDICTION : Civil Appeal No. 4290 of 2003. 275 H 276 SUPREME COURT REPORTS [2009) 11 S.C.R. A From the Judgment & Order dated 6.02.02003 of the National Consumer Disputes Redressal Commission, New Delhi in Original Petition No. 285 of 1997. Kailash Vasdev, Vipin Gogia (for Jaspreet Gogia) for the 8 Appellants. c D E.C. Agrawala for the Respondents. The following order of the Court was delivered by ORDER 1. This Appeal has been filed against the impugned order of the National Consumer Disputes Redressal Commission, New Delhi (for short 'National Commission') dated 06th February, 2003 passed in Original Petition No. 285 of 1997. 2. The facts of the case are: The Appellant is an export house. It had booked certain goods through respondent No.1 for carriage through respondent No.2 to New York, U.S.A. According to the appellant, the goods E were expected to reach in the second week or early third week of February, 1995. It is alleged that the goods were never delivered to the consignee in New York, although the goods had allegedly reached New York. According to the appellant, the goods were kept in the Custom's Bonded Ware House in New F York which demanded US Dollars 5000 as demurrage. 3. Since the shipment was delayed and consequently the foreign buyer refused to accept the consignment, the appellant filed a complaint before the National Commission seeking a G direction to the respondents to pay a sum of Rs.39,81,351/- along with interest thereon @ 24% per annum from the date of filing of the petition till realization due to the negligence on the part of ttie respondents. H 4.The National Commission, by its impugned order, has - E.l.C.M. EXPORTS LIMITED v. SOUTH INDIAN 277 CORPN. (AGENCIES) LTD. & ANR. 1. dismissed the complaint filed by the appellant as barred by A 'lir:nitation, applying Article Ill Clause 6 of the Indian Carriage of Goods by Sea Act, 1925 in which limitation of one year has been provided for filing a complaint. 5. Heard learned counsel for the parties. 6. Learned counsel for the appellant has contended that the National Commission has erred in dismissing the complaint .>. as barred by limitation, applying the Indian Carriage of Goods B by Sea Act, 1925 in which limitation of one year has been provided. He further contended that this Act does not apply at C all to the facts of the present case and instead Section 24-A of the Consumer Protection Act, 1986 will apply. 7. Article Ill, clause 6 of the Schedule of the Indian Carriage of Goods by Sea Act, 1925 provides: D • " .... In any event the carrier and the ship shall be discharged from all liability in respect of loss or damage unless suit is brought within one year after delivery of the goods or the date when the goods should have been delivered. This period may, however, be extended if the parties so agree E after the cause of action has arisen. Provided that a suit may
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