Supreme Court Of India
B. R. Gavai,
B. V. Nagarathna
Consumer Protection Act (68 of 1986) , S.2(1)(g)— Deficiency in service – Compensation – Reduction of – Sale of goods through Free On Board (FOB) contract – Appellant issued shipping instructions for consignment – It was admitted fact that mistake committed by respondents by wrongly mentioning port of loading – Bank refused to honour documents due to negligence and deficiency in service of respondents – Appellant suffered loss as well as mental harassment – National Commission categorically held that there was deficiency in rendering services by respondents – It would be incorrect to say that appellant should have exercised due diligence – National Commission ought not have reduced compensation payable to appellant – Reduction of compensation, erroneous.
*Appeal No. 6 of 2010, Dt. 30-04-2015 (NCC)-Reversed(Paras31333839)
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