In the Court of the Calcutta District Forum, Unit-I

CDF-1/Case no.18/2005

Sunita International,

P.O. Box No.111, Kathmandu, Nepal                                  …....     Complainant

vs.

PT ASURANSI HARTA AMAN PRATAMA Tbk,

Komplex Ambengan Plaza Block A-19,

JI Ngemplak No.30, Surabaya, Indonesia and another       ….....  Opposite parties

Present :      Sri A.K. Das,  President

                    Sri L.K. Banerjee, Member

                    Smt. J, Saha,  Member               

Order no.      dt.       .05.2008

            In this consumer complaint petitioner Sunita International of Kathmandu, Nepal has claimed Rs.6,89,562.54 from o.p. no.1 insurer due to damage of the consignment delivered at destination Nepal via Kolkata.

            M/s. P.T. Sarimakmur Tunggal Mandiri of Indonesia sent the consignment 6000.00 kg cloves in terms of order of complainant for delivery at the destination Nepal. It is alleged that the consignment was delivered at Nepal in damaged condition. Said consignment was insured with o.p. no.1 who was liable to indemnify the damages as per terms and conditions of the policy.

            The petitioner appointed United  Insurance Surveyor and Loss Adjusters LTO to asses the loss. They assessed the loss/damage and as such petitioner submitted their claim on the basis of the said assessment to o.p. no.1.

            It is alleged that o.p. no.1 did not settle the claim on the ground, petitioner id not carry out the inspection of the damaged consignment through their notified settling agent i.e. Lloyds Agent. Hence the petitioner has moved this forum for above relief.

            Notices of the consumer complaint were duly served upon the o.ps. Only o.p. no.2 appeared and filed w/v. The o.p. no.1 did not appear nor they filed any w/v.

            The o.p. no.2 has contended in their  w/v that they are not under writer local agent of o.p. no.1. This forum has no territorial jurisdiction to entertain the dispute as complainant and o.p. no.1 are foreigner.

            Now it is evident from the materials on record petitioner did not annex the terms and conditions of the insurance policy wherefrom this forum could have ascertain the extent of liability of the insurer o.p. no.1. Secondly, there is no explanation as to why the petitioner did not asses the damage through notified settling agent that is Lloyds Agent. The cause of action that is damage was noticed and assessed at Nepal. Both o.p. no.1 and complainant are foreigners. Therefore this forum has no territorial jurisdiction to entertain the present dispute. In view of the fact present consumer complaint is devoid of any merit. This forum is not in a position to approve any relief to the petitioner. Accordingly the consumer complaint fails and dismissed on contest without cost.

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

Member                                   Member                                   President