- (1.) Heard Dr. Sarbjit Sharma, learned counsel appearing for the appellant and Mr. P.H. Parekh, learned senior counsel for the Oriental Insurance Co. Ltd.
(2.) The appellant ­ Company is engaged in diamond business including manufacture of diamond impregnated scaives (grinding wheels). It is aggrieved by the impugned order dated 20th November, 2012 whereby the National Consumer Disputes Redressal Commission, New Delhi (for short "the National Commission") has dismissed the appellant's complaint in Original Petition No.357 of 1999 and has upheld the stand of the respondent ­ Insurance Company repudiating the claim made by the appellant for the alleged total loss of 200 pieces of scaives packed in two wooden boxes and exported to Belgium.
(3.) The purchaser of the goods at Belgium ­ M/s. Nice Diamonds BVBA inspected the shipment of the two boxes and refused to accept the same. From their letter dated 14th November, 1998, it transpires that they did not accept the shipment because one box was totally broken and the scaives were damaged while in the other box the scaives were very rusty and diamond layer was with holes. They found that they could not use those scaives as they were totally lost.;