There were two sets of consignments, one to Piraeus, Greece and another to Rotterdam, Netherlands. Learned Senior Counsel, Gopal Sankaranarayanan argued, SGS India Ltd. had no control or responsibility of shipment-subject once it left Indian port.
Ravneet Singh Bagga v. KLM Royal Dutch Airlines, (2000) 1 SCC 66 held, burden of proving ‘deficiency in service’ is upon he who alleges. National Consumer Disputes Redressal Commission has erred in law to draw adverse inference. There was no obligation to ensure, consignment would have same product-specification at port of destination which were at port of loading. Dolphin International Ltd. has not produced best evidence.
– Hon’ble Justice Hemant Gupta, SGS India Ltd. v. Dolphin International Ltd., [Civil Appeal No. 5759 of 2009].