AIROnline 2022 SC 866 ::2022 (16) Scale 366

Supreme Court Of India

Hon'ble Judge(s): B. R. Gavai, B. V. Nagarathna , JJ

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 (Para 31 33 38 39) .....