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2025 Supreme(Online)(SCDRC) 33476

STATE CONSUMER DISPUTES REDRESSAL COMMISSION
The Oriental Insurance Company Ltd. & Ors. – Appellant
Versus
M/s B.R. Diamonds and Ors. – Respondent
SC/3/A/998/2022



Petitioner Advocates:J.P. Nahar ,Respondent Advocate: A. P. SINGH

45 days of receipt of the certified copy of these orders otherwise the aggregated awarded amount shall attract an additional interest @ 3% PA from the date of the orders till paid in full.”

2. It would be apposite to mention that hereinafter the parties will be referred, as have been arrayed before the District Commission.

3. Brief facts for the disposal of the appeal are that the complainant firm is a renowned firm doing the work of Import and Export of Jewelry items. It received an order from M/s Maruti Diamonds Ltd. Vancouver Canada, for exporting jewelry items of gold and silver along with loose diamonds, for which the complainant firm raised an invoice No.EXP/002/18-19 dated 06.06.2018 for a total sum of $ Cad 38,200 including freight as well as insurance charges. The said consignment duly packed in a tin box with dimensions of 31x21x11 Cms., having a gross weight of 2200 gms with net weight being 1068.96 gms, got booked for carriage and entrusted to M/s FedEx Express i.e. OP No.5, viz; the Branch/Courier Service of OP No.6 in India for delivery of the same to M/s Maruti Diamonds Ltd., Vancouver Canada. OP No.5 issued a Airway bill No.023-6698-2263 dated 06.06.2018 in favour of M/s B.V.C. Logistics Pvt. Ltd, (the custom housing agent of the complainant) and charged Rs.16,236/- consisting of freight charges along with the other taxes etc. and it provided a tracking No.7724- 0573-5211. Simultaneously, the said consignment was duly got insured by the complainant from OP No.2-Insurance company for a total sum assured of Rs.21,97,646/- and a cover note was duly issued for Air, Rail/Road Risk Marine Insurance in favour of the complainant firm. The insurance company charged a sum of Rs.2,595/- as insurance premium for the same. The OPs No.5 & 6 acted as courier/carrier for the delivery of the goods entrusted by the complainant firm for delivery of the same to its destination at Vancouver Canada. The complainants alleged that since the consignment was reported to have not arrived as per the schedule, consequently the complainant firm and its custom clearing agent apprised the OP No.5 about the said fact. However, despite assurance given by OP No.5, nothing concrete happened and consignment remained untraceable and reported to have been lost by OP No.5. Thereafter, on 06.07.2018, a “Non-Delivery Certificate” was issued by OPs No.5&6 i.e M/s FedEx Xpress, in favour of the complainant to the effect that consignment in question remained untraced. The complainant firm immediately informed OP No.2- insurance company on 07.07.2018 qua the loss of the said consignment and lodged claim regarding the same. The complainants also supplied all the requisite documents as demanded by the insurance company. However, with regard to the query of making declaration of 5% value of the goods to the airlines, the complainants had already made a disclosure of the full value of the goods qua which the invoice was raised to the knowledge of insurance company and for the said value the goods were insured, cover note and policy was issued and premium was charged. Thereafter, the complainants time and again had been approaching the insurance company and requested them to release the insurance claim amount of Rs.21,97,646/- but they put off the matter on one pretext or the other. Simultaneously, the complainants requested OPs No. 5 to 7 i.e. carrier/courier of the consignment, to release and make payment of the value of the goods invoiced, but they did not do the needful. Thereafter, on 26.09.2018, the complainants also lodged formal monetary claim for the loss of the consignment with OPs No. 5 to 7 for Canadian Dollars of 38001.41 but of no avail. The complainants also served legal notice dated 24.02.2020 upon the OPs, but all in vain. Alleging deficiency in service on the part of the OPs, the complainants filed consumer complaint before the District Commission and sought directions against the OPs to pay a sum of Rs.21,97,646/- being the principal amount o

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