AMBICA STEELS LTD. Vs. ORIENTAL INSURANCE COMPANY LTD.
Ambica Steels Ltd.
ORIENTAL INSURANCE COMPANY LTD.
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C.VISWANATH, J. -
(1.) The present Appeal, under Section 19 of the Consumer Protection Act, 1986 has been filed by the Appellant against the order dated 3.2.2020 of the State Consumer Disputes Redressal Commission, Delhi (hereinafter referred to as "the State Commission) in CC/119/2012.
(2.) The case of the Complainant is that it is a manufacturer, Importer and Exporter of stainless goods and raw materials. The Complainant took a Marine Cargo (Open Policy) vide, Cover Note No.270000255401 dated 30.3.2010 from 1.4.2010 to 31.3.2011 for a sum assured of Rs.100 crores at a premium of Rs.2,31,630/-. Standard stainless steel goods were dispatched to the consignee M/s ACEROS LEVINSON, S.A. DE C.V. Ruiz Cortines pte, 1824, Garza Nieto, Nuevo Leon, Mexico, as per commercial Invoice No.689 dated 21.2.2011, containing 9 bundles of Stainless Steel Bright Bars, weighing 7.224 MT., valuing 32,436.32/- US Dollars (Rs.14,51,525/- (INR) and second commercial invoice being 688m containing Stainless Steel Round Bright Bar, weighing 13.581 MT, valuing 34,835.27 US Dollars (Rs.15,58,878/-).
(3.) An email dated 21.5.2011 was received by the Complainant from the consignee that there were only five boxes in the container when it was opened just before release from customs. The same was informed to the Opposite Parties, vide letter dated 21.5.2011, followed by other correspondence giving detailed information and clarifications. The claim of the Complainant was repudiated on flimsy, fabricated and illegal grounds. The Repudiation letter stated that the consignment was delivered with original seal intact condition, without any evidence of tempering and the carrier denied any liability. The Complainant alleged that the Opposite Party was guilty of deficiency in service, amounting to unfair trade practice. A Complaint was, therefore, filed before the State Commission with the following prayer:-
"1. To pay a sum of Rs.25,33.929.10 (Twenty Five Lacs Thirty Three Thousand Nine Hundred and Twenty Nine Rupees and Ten Paisa / (57,134.70 USD for short delivery of 16.853 MT of Steel) with interest @ 18% p.a. for having detained the amount illegally for such a long period and hence Equitable Grounds exist for the same. Exbt. Annexure C-23 (colly).
2. To refund a sum of Rs.2,21,663/- paid to the Clearing House/Handling Agents in respect of the said stainless steel goods carried by them. Exbt. Annexure C-24 (colly).
3. To grant a compensation of Rs.15,00,000/- (Fifteen lakh Rupees) for causing harassment and mental agony and financial hardships to the Complainant.
4. To grant Rs.50,000/- compensation for litigation expenses.
5. Any other additional or alternative relief which may be deemed fit, proper and adequate in the given facts and circumstances of the case." ;
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