In  the  Court  of  the

Consumer Disputes Redressal Forum, Unit -I, Kolkata,

8B, Nelie Sengupta Sarani, Kolkata-700087.

CDF/Unit-I/Case No.25/2011

1)                   Aarti Impex,

Kha 2/216, Jhohhen, Nhusal,

Kathmandu, Nepal.                                                                                   ---------- Complainant

---Versus---

1)                   National Insurance Co. Ltd.,

3, Middleton Street, Kolkata-71,

P.S. Shakespeare Sarani.

2)       Sri Krishna Roadways,

Birtamode, Nepal.                                                                                ---------- Opposite Parties

Present :           Sri Sankar Nath Das, President.

                        Dr. Subir Kumar Chaudhuri, Member

                        Smt. Sharmi Basu, Member

Order No.   18   Dated  17/10/2012.

            The petition of complaint has been filed by the complainant Aarti Impex  against the o.ps. National Insurance Co. Ltd. and another. The case of the complainant in short is that complainant is engaged in importing of various items like paints, hardware materials etc. and thereby placed an order in respect of purchase of hardware materials to the shipper viz. M/s Star Car Global Enterprise, Singapore of 893 cartoon / boxes and 53 tins of hardware materials and the aid consignments were shipped on S.S. Providence from Port of Singapore to Katmandu via Kolkata under Bill of Lading No.ISINCC20690 dt.26.1.07.

            The said consignments reached in good and sound condition in Kolkata Port, thereafter again transported to Nepal by road and the said consignments were delivered to the Customs of Nepal in good and sound condition. After completion of all formalities the said consignments were again transported at Kathmandu through another carrier viz. Sri Krishna Roadways on 12.2.07 against their consignment no.9139 and at the time of delivery at Kathmandu the said consignments found short in number about 2320 tins and Shortage Certificate was issued by the carrier on 15.2.07. The said consignments were insured with o.p. no.1 under Policy Certificate No.240/KB-3/4300070/06-07 for sum insured amounting to NRS 1057010.00 thereby covering all risks from Warehouse to Warehouse.

            After receipt of such shortage certificate complainant lodged claim with o.p. no.1 as well as the carrier viz. M/s Sri Krishna Roadways of NRS 229508.27 equivalent to Rs.1,43,443/-. Complainant made several correspondences but o.ps. neither repudiated nor settled the claim. Subsequently, on 31.12.09 o.p. n o.1 isued a letter thereby stating the claim of complainant as ‘no claim’. Hence the case was filed by complainant with the prayer contained in the petition of complaint.

O.p. no.1 had entered its appearance in this case by filing w/v and denied all the material allegations labeled against it and prayed for dismissal of the case. O.p. no.2 did not contest the case by filing w/v and matter has been heard ex parte against o.p. no.2. Ld. lawyer of o.p. no.1 in course of argument submitted that the case is not maintainable on the point of territorial jurisdiction and the same is liable to be dismissed.

Decision with reasons:-

            We have gone through the pleadings of the parties, evidence and documents in particular. From the record it appears that both parties are staying outside the jurisdiction of this Forum and office of complainant and issuing officer of o.p. no.1 are situated in Nepal. We find that the averment of complainant has not been rebutted by o.ps. by filing cogent and valid documentary and/or oral evidence and we do not find any reason to disbelieve the averment of complainant in their petition of complaint as well as evidence adduced by them.

            Considering the entire materials on record and keeping an eye to the observations made above we are of the views that o.p. no.1 had sufficient deficiencies being service provider to its consumer / complainant and complainant is entitled to relief.

            Hence, ordered,

            That the petition of complaint is allowed on contest with cost against o.p. no.1 and ex parte without cost against o.p. no.2. O.p. no.1 is directed to pay insured value of the claim of the complainant of Rs.1,43,443/- (Rupees one lakh forty three thousand four hundred forty three) only and is further directed to pay compensation of Rs.10,000/- (Rupees ten thousand) only for harassment and mental agony and litigation cost of Rs.5000/- (Rupees five thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 9% shall accrue over the entire sum due to the credit of the complainant till full realization.

            Supply certified copy of this order to the parties free of cost.