Multimedia) guilty of supplying a defective package of computer hardware to the
original complainant (respondent no.1 in this appeal) and directed them to take ... back the defective package of equipment and refund the sum of Rs.8,30,855/-
with interest thereon @ 12 per cent per annum from
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
internal packing, cargo sweat but no external water entry and the packaging defects, which 'causes' do not come under cover the policy exclusions
photographs, were
damaged because of defective packing.
10. Now, when the goods were
damaged because of defective packaging, as
admitted by the Managing Director ... damaged
because of the perils of transportation, but
because of defective and improper packaging.
11. The photographs, which were sent
on the very
books during transit were not due to transport but due to defective
packaging. The Complainant has not received survey reports in
respect of other ... damage may have occurred
because of loading of the books when the packaging was warm. It
is also not in dispute that the consignments were
that the Manufacturing Concern shall take sufficient precautions to powder/mutilate defective biscuits/packaging stationery before disposal. The sale proceeds of the scrap so disposed
defective goods cannot be ruled out in manufacturing process and
further, manufactured items do have a self-life and there can be
defects in packaging
affixation of M.R.P / R.S.P on the packages imported is a defect
which is curable one and would not amount to contravention ... price on the packages are
concerned. We find that this defect is curable one and would not
amount to contravention of Standards of Weights
installation,
the machine was not performing well, due to manufacturing defect. The alleged manufacturing defect, and non-functioning
of the machine, as alleged ... case may be.
7. Sec.2(1)(f) defines the defect. If the defects alleged or complained, is not
feasible and it requires investigation
