Supreme Court of India

Bharathi Knitting Company v. Dhl Worldwide Express Courier Division of Airfreight Ltd.

Neutral citation
Reported as [1996] SUPP. 2 S.C.R. 653
Bench K. Ramaswamy, Faizan Uddin and G.B. Pattanaik JJ.
Decided 9 May 1996

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

3 Supreme Court benches have cited this judgment.

What the Court ordered

In view of the above consideration and findings, we are of the opinion that the National Commission was right in limiting the liability undertaken in the contract entered into by the parties and in awarding the amount for deficiency in service lo the extent of the liability undertaken by the respon­ dent.

Judgment, page 5

From the headnote

Consumer Protection Act, 1986 : Courier Service-Deficiency in service-Claim f01"---Liability for deficiency in service-&tent of-Directions to Tribunals under the Act to follow the principle settled in this case for awarding the amount for deficiency in service-Cover containing shipment documents not reached the consignee in time-As a result heavy loss suffered by consigneJ-Claim against Courier-Allowed by State Commissiolt-National Commission restricting the Claim for deficiency in service only to the extent of the liability undertaken by the courier as contained in the receipt issued by the

Where later benches applied it

Of those, 3 referred to

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