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SUBHASH CHANDRA
Dynametic Overseas Private Limited – Appellant
Versus
New India Assurance Co. Ltd. – Respondent


Counsel for the Parties:
For the Complainant:Ms. Sandhya Pillai, Mr. Mayank Joshi & Mr. Uday Prakash, Advocates
For the Opp. Party:Mr. R.B. Shami, Advocate

ORDER

This Consumer Complaint has been filed under the Consumer Protection Act, 1986 (in short, the ‘Act’) alleging deficiency in service in repudiation of an insurance claim in a Marine Cargo Specific Voyage Policy issued by the Opposite Party in respect of transportation of a cargo of Iron Ore fines in bulk.

2. The facts, in brief, as stated by the complainant, are that the complainant formerly registered as “R. Piyarelall International Private Limited., (RPIL)” for the business of import and export of Minerals, Food Grains and Consumer Articles, changed its name on 13.03.2015 to “M/s. Dynametic Overseas Private Limited”. A policy for consignment of 8,125 WMT of Iron Ore fines in bulk from Haldia Port (India) to one main port (China), commencing from 08.10.2013 was taken by it. The Iron Ore was loaded on the ship ‘M.V. Bingo’, on 08.10.2013 partly at Haldia (6000 WMT) and partly (2125 WMT) at Sagar Anchorage on 11.10.2013, in view of the limitation of loading of cargo vessels at Haldia Port due to draught issues. The Bill of Lading dated 11.10.2013 of the entire consignment of 8,125 WMT iron ore was issued and the vessel sailed the same day. The vessel, however, sank on 12.10.201

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