In the Court of the Consumer Disputes Redressal Forum, Unit -I, Kolkata, 8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087. CDF/Unit-I/Case No.356/2011 1) Pashupati Paints (P) Ltd. 42, Goswara Road, P.O. Box No.91, Biratnagar, Nepal and 16A, Synagogue Street, Kolkata-1, P.S. Hare Street. ---------- Complainant ---Versus--- 1) The Mediterranean & Gulf Insurance & Reinsurance Co. B.S.C (C) Prince Musaed Bin, Abd Al Aziz Str, Metito Bldg., P.O. Box2302, Riyadh 11451, Kingdom of Soudi Arabia. ---------- Opposite Party Present : Sri Sankar Nath Das, President. Dr. Subir Kumar Chaudhuri, Member. Smt. Sharmi Basu, Member Order No. 15 Dated 19/04/2013. The case of the complainant in short is that complainant is engaged in import of consignments by their own efforts and by sometimes taking help of some casual persons and carries. O.p. carries on business as insurers and covers goods under Insurance Risk on receipt of premium and issued “ALL RISKS” Policy from warehouse to warehouse and carrying business at the address as mentioned in the cause title of the complaint petition. Complainant placed an order to the overseas suppliers, The National Titanium Dioxide Co. Ltd., Saudi Arabia for supply of Titanium Dioxide and accordingly, said suppliers executed shipment of 20 M.T. of industrial raw material for paints Titanium Dioxide packed in 800 bags each 25 kgs. net under invoice no.l8008004305 dt.30.12.08 on CIF basis for USD 51,500.00 and also under bill of lading no.NYKS3685038820 dt.15.1.09 from Jeddah / Kolkata Port and in transshipment Nepal per S.S. “OOCL THAILAND” VOY. 44W52. The said consignment was covered/insured with the o.p. as insurers under “ALL RISKS” from warehouse to warehouse for loss or damage to the cargo for insured amount of USD 56,650.00 under certificate of insurance no.2008/MAO/0865 dt.10.1.09. The said consignment arrived at Kolkata Port ex. Vessel on or about 3.2.09 at 7 Netaji Subhas Dock, Kolkata and subsequently, goods were transported from Kolkata Port to final destination by road through the carriers M/s. Nepal Logistics, 21, Rupchand Roy Street, Kolkata-7 under lorry consignment note no.387 dt.7.2.10 ex. Kolkata to Biratnagar. The said consignment arrived at Biratnagar, Nepal on 12.2.09 and at the time of taking delivery, loss was detected and assessment was held by competent surveyors in presence of the carrier’s representative and on physical assessed loss and subsequently, issued the Report on 20.2.09 mentioning shortage of 984 kgs. and damage of 2110.4 kgs. On receipt of the assessment report, a formal claim was lodged upon the carriers M/s. Nepal Logistics, 21, Rupchand Roy Street, Kolkata-7 on 28.2.09 and subsequently also submitted the claim upon the o.p. on 28.2.09 with all documents. Thereafter, again the complainant also submitted the claim to the o.p. on 29.10.10 with all the related documents in original and claim bill for USD 8863.89. O.p. accepted and acknowledged the demand of the complainant but they did not settle the claim in spite of sending several correspondence / e-mail the claim amount is mentioned below: Towards insured value of shortage of 984 bags USD 2787.18 Towards insured value of damage/contaminated of 2110.4 kgs. USD 5977.71 Add : Survey Fee USD 99.00 USD 8863.89 i.e. equivalent to IRS 4,36,104.00 Hence the case was filed by the complainant with the prayer contained in the petition of complaint. Sole o.p. did not contest this case by filing w/v and matter was heard ex parte against the o.p. Decision with reasons:- We have gone through the pleadings of the parties, evidence and documents in particular and we find that Complainant placed an order to the overseas suppliers, The National Titanium Dioxide Co. Ltd., Saudi Arabia for supply of Titanium Dioxide and accordingly, said suppliers executed shipment of 20 M.T. of industrial raw material for paints Titanium Dioxide packed in 800 bags each 25 kgs. net under invoice no.l8008004305 dt.30.12.08 on CIF basis for USD 51,500.00 and also under bill of lading no.NYKS3685038820 dt.15.1.09 from Jeddah / Kolkata Port and in transshipment Nepal per S.S. “OOCL THAILAND” VOY. 44W52. Further we find from the record that the said consignment was covered/insured with the o.p. as insurers under “ALL RISKS” from warehouse to warehouse for loss or damage to the cargo for insured amount of USD 56,650.00 under certificate of insurance no.2008/MAO/0865 dt.10.1.09. It is seen from the record that the said consignment arrived at Kolkata Port ex. Vessel on or about 3.2.09 at 7 Netaji Subhas Dock, Kolkata and subsequently, goods were transported from Kolkata Port to final destination by road through the carriers M/s. Nepal Logistics, 21, Rupchand Roy Street, Kolkata-7 under lorry consignment note no.387 dt.7.2.10 ex. Kolkata to Biratnagar. Further we find from the record that the said consignment arrived at Biratnagar, Nepal on 12.2.09 and at the time of taking delivery, loss was detected and assessment was held by competent surveyors in presence of the carrier’s representative and on physical assessed loss and subsequently, issued the Report on 20.2.09 mentioning shortage of 984 kgs. and damage of 2110.4 kgs. It is also seen from the record that o.p. accepted and acknowledged the demand of the complainant but they did not settle the claim in spite of sending several correspondence / e-mail the claim amount is mentioned below: Towards insured value of shortage of 984 bags USD 2787.18 Towards insured value of damage/contaminated of 2110.4 kgs. USD 5977.71 Add : Survey Fee USD 99.00 USD 8863.89 i.e. equivalent to IRS 4,36,104.0 In view of the findings above and on perusal of the entire materials on record that o.p. had sufficient deficiency in service being service provider to its consumer / complainant and complainant is entitled to relief. Hence, ordered, That the case is allowed ex parte with cost against the o.p. O.p. is directed to pay to the complainant a sum of Rs.4,36,104/- (Rupees four lakhs thirty six thousand one hundred four) only as claimed towards damage of the goods under consignment 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.2000/- (Rupees two thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 10% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization. Complainant is at liberty to file execution case before this Forum in case of non-execution of the aforesaid order in its entirety within the stipulated period under the provision of COPRA, 1986. Supply certified copy of this order to the parties free of cost. | 
