Supreme Court of India

M/s Bawa Paulins Pvt. Ltd. v. Ups Freight Services (india) Pvt. Ltd. and Another

Neutral citation
Reported as [2022] 9 S.C.R. 1162
Bench B. R. Gavai and B. V. Nagarathna JJ.
Decided 10 November 2022

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.

What the Court ordered

In view of the aforesaid discussion, we find that the National Commission was not right in setting aside the judgment and order passed by the State Commission and therefore, the impugned judgment and order passed by the National Commission is liable to be set aside.

Judgment, page 16

From the headnote

Consumer Protection – Sale of Goods through ‘Free on Board’ Basis – Quantum of compensation – Appellant during the course of its business entered into a contract with respondent no. 5 for export of goods for a total invoice value of US$ 31,920 (R s.13,79,901/- approx.) – Mode of payment was agreed to be through Letter of Credit (LC) against the Forwarder Cargo Receipt (FCR) – The sale of goods was through a ‘Free on Board’ (FOB) contra ct – Respondent Nos. 1-3 were appointed as forwarding agents to c ollect goods and forwarding the same – Respondent no.1 menti oned the port of loading to be

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