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11. Admittedly a consignment of goods was booked at Salem vide Docket No.14607 to the registered office of complainant. The carrier does not have control over packaging. The carrier can know about the defective packaging only in cases where the defect is apparent.

12. That services of the OP were not sought by the complainant but by the consignor i.e. Sandalwood Products Factory, Thekkupattu District-Vellore, Tamilnadu. The complainants were the consignees of the goods sent through the OP by the said Sandalwood products Factory.

13. That as per Section 8 of the Carriers Act, the liability of the carrier arises only if such loss or damage shall have arisen from the criminal act of the carrier or any of his agents or servant. The OP does not have the power as well as means to open the packaging and check for the defects in packaging. The alleged loss of the goods, if any, is due to the defective packaging done by the consignor. The OP was aware of the nature of the goods only to the extent of declaration made by the consignee. Short delivery does not imply any deficiency in the services by the OP as the loss of the sandalwood oil was on account of defective packaging by the consignor and not due to any act of the OP company.