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2020 Supreme(SC) 132

MOHAN M.SHANTANAGOUDAR, K.M.JOSEPH
Rajankumar and Brothers (Impex) – Appellant
Versus
Oriental Insurance Company Ltd. – Respondent


Advocates Appeared:
For the Appellant(s) : Mr. Syed Naqvi, Adv. Mr. Rajesh Kumar, AOR Mr. Vinod Kumar, Adv.
For the Respondent(s): Ms. Arti Singh, AOR

JUDGMENT :

MOHAN M. SHANTANAGOUDAR, J.

1. This appeal arises out of judgment of the National Consumer Disputes Redressal Commission (‘NCDRC’) dated 12.11.2013, dismissing the consumer complaint filed by the Appellant herein.

2. The timeline of events giving rise to the present appeal is as follows: The Appellant is a partnership firm in the business of import-export of various commodities, including steel coils. The Respondent insurance company issued a Marine Cargo Cover Note (hereinafter ‘Cover Note’) dated 14.5.2010 for a sum of 12,63,712.50 US Dollars, covering voyage from any port in China to Mumbai Port. It was stated in the aforesaid Cover Note that a policy document would be issued once the Appellant furnished the requisite particulars of the vessel in which the cargo was being carried. Accordingly, the Appellant forwarded the particulars of ‘Khalijia-III’, the vessel in which the cargo was to be carried (hereinafter ‘subject vessel’), to the Respondent, vide letter dated 26.5.2010. It was stated in this letter that the subject vessel was built in March 1985, and its “class” was specified as ‘I.R.S.’. The Appellant’s case is that it had communicated the aforementioned details


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