V.K. Jain, Presiding Member—The respondent / complainant obtained a Marine Cargo Policy from the appellant, in respect of a consignment which it had to export from Jetpur in Gujarat to Lusaka in Zambia. The sum assured under the said policy was Rs.28,10,000/- and the basis of valuation was CIF (cost, insurance and freight) plus 10%. The goods were sold by the complainant to the overseas buyers against an invoice dated 15.4.2003. From Mumbai, the goods were sent through Safmarine India Pvt. Ltd. in a container carried in a ship. The container, containing the goods was discharged at Dare-E Salaam Port on 08.5.2003. The delivery of the consignment at Dare-E Salaam was taken by the clearing and forwarding agent of the consignee / purchaser and from there, the goods were dispatched to Lusaka by road, after payment of the requisite custom duty etc. The goods however, got stolen before the container could reach Lusaka and the loss was reported to the police as well as to the local agent of the insurer. The claim lodged by the complainant / respondent however, was repudiated by the insurer on the ground that its contract with the consignee was on C&F basis, responsibility for transpor