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september 2011

Supreme Court of India · 2011-09-15

TRANS MEDITERRANEAN AIRWAYS vs M/S. UNIVERSAL EXPORTS

Citation / case number
SC 2004/4040
Court
Supreme Court of India
Petitioner
TRANS MEDITERRANEAN AIRWAYS
Respondent
M/S. UNIVERSAL EXPORTS
Author
H.L. DATTU
Bench
H.L. DATTU G.S. SINGHVI

Judgment text excerpt

The Supreme Court held that the National Consumer Disputes Redressal Commission has jurisdiction under Section 12 of the Consumer Protection Act, 1986 to entertain complaints regarding deficiency of service by an international cargo carrier, despite the provisions of the Carriage by Air Act, 1972 and the Warsaw Convention of 1929. The Court established that domestic consumer laws can coexist with international conventions, allowing for claims of compensation for service deficiencies. The appeal was dismissed, affirming the National Commission's order for the appellant to pay compensation and costs.

TRANS MEDITERRANEAN AIRWAYS vs M/S. UNIVERSAL EXPORTS · Niyam