disputed consignments were defective
and sub-standard; (ii) respondent-Firm committed the breach of
contract by supplying defective and sub-standard packaging
materials ... consignments were defective and sub-standard.
The Arbitrator further held that the respondent-Firm could not
prove that the defect in the packaging materials
disputed consignments were defective
and sub-standard; (ii) respondent-Firm committed the breach of
contract by supplying defective and sub-standard packaging
materials ... consignments were defective and sub-standard.
The Arbitrator further held that the respondent-Firm could not
prove that the defect in the packaging materials
that the packaging of the consignment/statues was defective or
that it was the defective packaging which resulted into damage to
the consignment/statues ... that the
packaging was indeed inferior or defective. The defendant's plea
of defective/inferior packaging appears to be nothing but an
afterthought
accepted. He also submitted that out of 11 packages 7 packages were found with defective goods and 4 packages found with defects ... even one package was valued with the dimension of the other package. He submitted that NML took up 11 packages and each package was having
have control over packaging. The
carrier can know about the defective packaging only in cases where the defect
is apparent.
12. That
services ... alleged loss of the goods, if any, is due
to the defective packaging done by the consignor. The OP was aware of the nature
transaction in issue. Secondly the goods
supplied by the complainant faced packaging defects due to which the
accused had returned the goods back ... goods actually supplied by the complainant were packed in a
defective packaging and the accused had received several complaints
regarding packaging of the goods from
amount of € 2,60,037 has been claimed
against alleged defective packaging and cost of additional
labeling incurred by the Appellant. It is the case
packages violated
Rule 4, Rule 6(2), and Rule 18(1) of the Rules, 2011. Further, the
accused, by possessing and displaying the packages ... inspection, the District Legal Metrology Officer-P
Satyanarayana, seized 2 defective packages from A7, out of the
525, and the remaining 523 packages were kept
packages violated Rule 4, Rule 6(2), and Rule 18(1) of the Rules,
2011. Further, the accused, by possessing and displaying the
packages ... inspection, the District Legal Metrology Officer-P
Satyanarayana, seized 2 defective packages from A7, out of the 244,
and the remaining 242 packages were kept
when Form 'J' does not
record any irregularity, tampering, defective packaging or improper storage,
the prosecution cannot subsequently seek to draw adverse presumptions ... dealer with the manufacturing of
the fertilizer or showing knowledge of any defect, liability cannot be extended
to the dealer and only the manufacturer
