In  the  Court  of  the

Consumer Disputes Redressal Forum, Unit -I, Kolkata,

8B, Nelie Sengupta Sarani, 4^th Floor, Kolkata-700087.

CDF/Unit-I/Case No.469/2009   

1)                   Sri Avijit Dey,

            BD/3, Ashirbad Building, 2^nd Floor,

            Rabindapally, Kestopur, Kolkata-101.                                                                ---------- Complainant

---Versus---

1)                   Saturn Ship Agencies Pvt. Ltd.,

            Regd. Office at K.R.D., Gee Gee Crystal,

92, Dr. Radhakrishnan Salai, 1^st Floor,

Mylapore, Chennai-600004  and Corporate Office at

Satyam Chambers, 5^th Floor, Govandi Station Road,

Govandi (E), Mumbai – 400088  and  at

“Express Tower”, 2^nd Floor,

42A, Shakespeare Sarani, Kolkata-17

P.S. Shakespeare Sarani.                                                                                             ---------- Opposite Party

Present :           Sri Sankar Nath Das, President.

                        Dr. Subir Kumar Chaudhuri, Member.

                        Smt. Sharmi Basu, Member

Order No.   30    Dated  12-03-2013.

            The case of the complainant in short is that complainant is the sole proprietor of the business named and styled ‘M.S. OVERSEAS’ having its office at the address as mentioned in the cause title of the petition of complaint. Complainant is engaged in the business of exports of ‘Water Melon’ and other allied vegetable products. Complainant has been carrying his business to earn his livelihood and there is no commercial motive in the said business.

            O.p. is a shipping company having its respective offices at the addresses as mentioned in the cause of petition of complaint. O.p. carries goods by sea by its vessel for different persons indiscriminately in consideration of freight paid.

            Pursuant to an order placed by an overseas consignees M/s. Arabian Gulf Food Stuff EST of Salahudden Road, Bin Zayed Building, 7^th Floor, Deira, Dubai, P.O. 182288, UAE, the complainant as unpaid vendor dispatched a consignment of 2150 pieces of ‘Fresh Water Melon’ weighing 16000 kgs. By sea through the o.p. by their vessel “THOR CHAMPION V-008” for safe carriage from the port of Mumbai to the port of destination at Dubai. The said dispatch was evidenced by invoice no.MS/09/06/07 dt.28.2.06 and packing list. In acknowledgement of the said consignment, o.p. issued a clean bill of lading being no.SCL/NSA/E/DXE/3094 dt.10.3.06.

            The said goods were intended to be carried by o.p. in ‘one door pen container’ after the goods were checked by quality and quantity by the concerned authorities of the Ministry of Agriculture, Govt. of India on 7.3.06 and a phytosanitary certificate was issued by the Govt. of India bearing no.065969 dt.9.3.06.

            It appeared from the bill of lading issued by o.p. that goods were placed on board of vessel “THOR CHAMPION V-008” at port of J.N.P. Mumbai in 2 x 20’ FCL container bearing no.CRXU 1297442 and FSCU 3223049. It also appeared from the bill of lading that since the goods were perishable in nature one door of each container was required to be kept open to allow fresh air and ventilation for keeping the goods in stable condition.

            The goods were loaded on board the ship on 10.3.06 and arrived at the port of Dubai on 14.3.06. At the time of delivery of the aforesaid goods by the named consignee, the Dubai Municipality, Public Health Deptt., Food Control Section issued ‘Stop Delivery Notice’ dt.16.3.06 since the goods showed sign of decay due to keeping the goods in totally sealed container without allowing proper ventilation, the containers were subsequently released on an undertaking from the consignee’s were house until a final inspection to determine the actual condition of the cargo was carried out.

            M/s. Amin Surveyors & Consultants were entrusted to carry out a survey and assess the loss. The said surveyors made spot survey of the goods on 19.3.06 and submitted their report recording their observations / findings and stating the reason for and assessing the nature and extent of loss of the suit consignment. The said surveyors opined that the condition, in which the cargo of ‘Water Melon’ was received, is attributable to the same being carried under closed ventilation, as both doors of the containers were closed. The suit consignment was a total loss the value of which stood at Rs.2,45,811.44. 

            By a letter dt.20.3.06, the complainant through his clearing and forwarding agents M/s. Chakait Agencies lodged a formal claim. O.p. received the said notice and further correspondence but  refused to admit the claim of the complainant citing frivolous grounds by their reply letter dt.3.4.06. Hence the case was filed by the complainant with the prayer contained in the petition of complaint.

            O.p. had entered their appearance in this case by filing w/v and denied all the material allegations labeled against them and prayed for dismissal of the case. Ld. Lawyer of o.p. in the course of argument submitted that the case has got no merit and the same is liable to be dismissed.