Justice K.S. Gupta. Member —

Complaint was filed, inter alia, alleging that the complainant placed an order for import of 1600 metric tons of Soda Ash Light and 400 metric tons of Soda Ash Dense on Govcrest International S.R.L. Romania, through its agent-ATV Projects India Ltd. at the rate of USD 158.75 per metric ton, aggregating to USD 3,17,500.

Indent contract was dated 12th August, 1997 along with addendum dated 18th August, 1997. By the letter dated 29th August 1997 the complainant approached the opposite party-insurance company for a marine insurance policy of USD 3,49,250 being the value of the said goods at 110%. On payment of premium, the opposite party issued a cover note dated 4th September, 1997. On informing that the voyage of the cargo will be by Ship Golden Sunlight, the opposite party demanded overage premium as well as non-classification premium since that ship was an unclassified vessel built in 1971 which the complainant paid. Opposite party-Insurance Co. issued marine insurance policy bearing No.020900/21/11/06/01147/97 for a sum of Rs.1,26,35,865/- being USD 3,49,250. Ship, Golden Sunlight which left Constanta, was expected to arrive at Mumbai between 27