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2023 Supreme(Online)(Del) 18284

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI
Subhash Chandra (Presiding Member)
M/s. Dynametic Overseas Private Limited – Appellant
Versus
M/s. Cunningham Lindsey International Private Limited – Respondent


1. 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 13.3.2015 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 8.10.2013 was taken by it. The Iron Ore was loaded on the ship 'M.V. Bingo', on 8.10.2013 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 12.10.2013 nea



















































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