Airlines Bound By Time Schedule Promised By Its Travel Agent: Supreme Court
Case: RAJASTHAN ART EMPORIUM V. KUWAIT AIRWAYS & ANR.
Coram: Justice AS Bopanna and Justice PS Narasimha
Case No.: CIVIL APPEAL NO. 9106 OF 2012
Court Observation: “Once the agent has issued a time schedule for delivery of the consignment, it cannot be said that there is no material indicating that there was no agreement for delivery of the consignment in time”
..in the absence of a plea by respondent No.1, that respondent no. 2 was not its agent or that he had no authority to give the schedule of delivery of the consignment, the onus has not been discharged. Therefore, respondent No.1 is bound by the promise held by its agent – respondent No.2, that the goods shall be delivered within one week and when the time schedule expired and the goods were, in fact, delivered after one and a half months, there was a negligent delay in delivery of the consignment,
“… we approve and sustain the order passed by the NCDRC for the reason that in its complaint under Section 21(a)(i) of the Consumer Protection Act, 1986, the complainant/appellant has sought damages for Rs. 20 lakhs only as compensation for loss of business and reputation. It is a trite law that a party is not entitled to seek relief which he has not prayed for,”
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Keywords
Airlines Bound By Time Schedule, Supreme Court
