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    <title>2011 (9) TMI 853 - Supreme Court</title>
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    <description>Consumer protection remedies were treated as additional to, and not excluded by, the Carriage by Air Act, 1972 or the Warsaw Convention, because neither regime contained an express bar against consumer fora and the jurisdiction clause was read broadly to include a competent consumer forum; the National Commission therefore had jurisdiction to hear the cargo complaint. On the merits, the carrier was found deficient in service for delivering cargo to a notified party instead of the consignee where the shipping documents enabled identification of the intended recipient, and the carrier was expected to make reasonable enquiries before delivery. The compensation award was sustained.</description>
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    <pubDate>Thu, 15 Sep 2011 00:00:00 +0530</pubDate>
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      <title>2011 (9) TMI 853 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=159300</link>
      <description>Consumer protection remedies were treated as additional to, and not excluded by, the Carriage by Air Act, 1972 or the Warsaw Convention, because neither regime contained an express bar against consumer fora and the jurisdiction clause was read broadly to include a competent consumer forum; the National Commission therefore had jurisdiction to hear the cargo complaint. On the merits, the carrier was found deficient in service for delivering cargo to a notified party instead of the consignee where the shipping documents enabled identification of the intended recipient, and the carrier was expected to make reasonable enquiries before delivery. The compensation award was sustained.</description>
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      <pubDate>Thu, 15 Sep 2011 00:00:00 +0530</pubDate>
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