One Manager of Sunita International a foreign company incorporated under the appropriate laws in Nepal kingdom have lodged this complaint against (1) American National fire Insurance Co. and (2) Global Insurance Claims and Allied Agency Pvt. Ltd. claiming Rs.4,57,973/- and other reliefs towards damage of 97 cartoons out of 50 cartoons of Almonds covered under insurance certificate no.910859 dt.28.2.02 in connection with policy no. OMC 3570066 issued by o.p. no.1.

            The consignment was delivered at consignee’s destination Birgunj Customs Enclosures on 10.4.02 where above damage was ascertained after survey. Complainant/petitioner submitted their claim on 21.3.03 and o,.p. no.1 repudiated it on 24.4.03 on the ground there would be no coverage for a partial loss.

            Petitioner submitted representations to consider their claim but o.p. did not pay heed to it. Hence complainant filed this consumer complaint for above relief.

            O.p. nos.1 and 2 contested the claim of the petitioner by filing w/v contending interalia that this forum has no jurisdiction to entertain the consumer complaint as complainant is foreigner and cause of action was at Katmandu. The terms and conditions of the policy did not cover all risk. Certificate was issued “Free of particular coverage irrespective of percentage, including theft and non delivery of an entire shipping package”.

            It is appearing from the record that no documents are found place on record satisfying the authority of the manager who filed this complaint on behalf of Sunita International.

            The insurer with whom an agreement was made with the complainant are all resident and business man of a foreign country.

            None of them either reside or have any office or place of business in any part of this country. Thereby this forum has no territorial jurisdiction to entertain the consumer complaint.

            The terms and conditions of the policy does not cover all risks. The certificate was issued “Free of particular average irrespective of percentage including theft and non delivery of an entire shipping package”. So partial loss/damage does not come under he coverage of policy’s terms and condition s.

            In view of he facts and circumstances this forum has no territorial jurisdiction to entertain the dispute. Accordingly the consumer complaint fails and it is order that the consumer complaint be returned to the complainant or its lawyer for presentation before the appropriate forum.

            Let copy of this order be supplied to the parties free of cost.