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Transport Corporation of India Ltd. v. Ganesh Polytex Ltd.

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 1427 of 2007)Decided 5 Nov 2014
Civil Appeal No. 1427 of 2007
Justice J. Chelameswar · Justice A.K. Sikri

Background

A fabric exporter entrusted five consignments to a carrier for delivery in Bangladesh. After the buyer's bank returned the documents unpaid, the exporter sought return of the goods, but the carrier claimed four consignments had already been delivered to Bangladesh customs. The consumer commission awarded compensation for failure to account for the goods, and the carrier appealed.

Decision Breakdown

The Supreme Court dismissed the appeal and upheld the commission's award of ₹29,74,321.45 with interest and costs. Admitting receipt of the goods placed the burden of proving proper delivery on the carrier. The documents relied on did not establish that these consignments had reached their agreed destination, and the foreign customs correspondence was not properly proved. The exporter's claim of duty drawback did not itself establish delivery in Bangladesh.

Lesson Learnt

A carrier must keep reliable proof that the particular goods entrusted to it were delivered as agreed. Customs paperwork or an exporter's tax-benefit claim does not automatically replace evidence of delivery.

Official source (sci.gov.in)View Judgment (PDF)

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