ORDER

J.M. Malik, Presiding Member - The burning point of discussion is whether pieces of diamond impregnated scaives i.e. grinding wheel feat type 30 m.m. depth 2 m.m. can become rusty or stand broken during the consignment sent through the ship to Belgium or prior to that at the time of packing particularly when a silver nitrate test was carried on the grinding wheels, with negative results.

2. The facts germane to this complaint case filed in this Commission on 15.9.1999 are these. Heaven Diamonds Private Limited, the complainant, is a private limited company which transacts the business of diamond cutting and polishing having their office at Gore Gaon, East Mumbai. One Nice Diamonds BVBA- Belgium purchased 200 pieces of diamond impregnated scaives i.e. grinding wheels flat type 30 m.m., Depth 2 m.m. for a sum of US $ 600 per piece. The delivery was to be made within 6 to 8 weeks and payment was to be made within 60 days. The purchaser had sent a letter dated 29.8.1998. It was also agreed that the price was US $ 1,15,000 with packing, insurance and sea freight in the sum of US $10 per piece amounting to US $ 575 per piece. The purchaser accepted all these terms and conditions vide