IN THE DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION Date of Institution: 31.05.2017 Date of Hearing: 18.09.2024 Date of Decision: 20.01.2025 COMPLAINT NO.-1011/2017 IN THE MATTER OF M/S GROWTH GLOBAL

4/2211, KUCHA ALAM, DHARAM PURA, CHANDNI CHOWK, DELHI – 110 006. (Through: K&T Law offices, Advocates)

…Complainant VERSUS THE NEW INDIA ASSURANCE CO. LTD.

Regional Office at :

CHANNANA COMPLEX, IV FLOOR, GURUDWARA ROAD, KAROL BAGH, NEW DELHI – 110 005.

Head Office at :

THE NEW INDIA ASSURANCE CO. LTD.

NEW INDIA ASSURANCE BUILDING, 87, M.G. ROAD, FORT, MUMBAI – 400 (Through : Sanjay Rawat, Advocate)

CORAM:

HON’BLE JUSTICE SANGITA DHINGRA SEHGAL (PRESIDENT)

HON’BLE MS. PINKI, MEMBER (JUDICIAL)

Present: Mr. Mayank Rai, Counsel for the Complainant (through VC)

Mr. Sanjay Rawat, Counsel for the Opposite Party PER : HON’BLE JUSTICE SANGITA DHINGRA SEHGAL, PRESIDENT JUDGMENT

1. The present complaint has been filed by the Complainant before this Commission alleging delay and deficiency of service on the part of Opposite Party and have prayed for the following relief :-

a) “ Direct the Opposite Party to pay Rs. 25,43,578 (Rupees Twenty Five Lakh Forty Three Thousand Five Hundred and Seventy Eight Only) plus 18% interest as Insurance claim for total 2039 affected bags of rice.

b) Direct the Opposite Party to pay Rs. 1,00,000 (Rupees One Lakh) as damages for mental harassment of the Complainant.

c) Pass any other such order, as this Hon’ble Forum may deem fit and proper in the interest of justice.”

2. Brief facts necessary for the adjudication of the present complaint are that the Complainant got their cargo containing “MasterChef African Style Best Selected Quality Parboiled Rice” insured by the Opposite Party on 03.03.2016 for the total sum of Rs. 4,00,00,000/- (Rupees Four Crore Only) bearing Marine Cargo Open Policy No. 31130021150200000083 and the period of validity of the said Insurance Policy was from 03.03.2016 to 02.03.2017 and for which the entire premium was honored by the Complainant.

3. Subsequently, for the purpose of safety, the cargo was shipped into 3 slots.

The first two lots were lot packed into 3 metallic containers containing total of 1560 bags of rice weighing 50 kg each. The first slot was transported from Kolkata Port to Cotonou Port, Benin via Vessel bearing NO. OEL SINGAPORE V: 6065, under bill of lading No. 956374366 issued at Kolkata on 11.05.2016. The second slot was transported through vessel “KOTA SINGA” under bill of lading No. CCUCOO160000268 issued at Kolkata on 15.05.2016. The third slot was transported through vessel “KOTA SALAM” under bill of lading No. CCUCOO160000275 issued at Kolkata Port on 25.05.2016. The Complainant took all the necessary measures in packaging and ensuring that their cargo remains protected from any sort of harm and damages. Goods were kept in a Dry Metallic 20 inch container with double leaves doors. For the further safety inside the said Dry Metallic 20 inch container the rice were packed in a ply woven polypropylene bags with single ply machine sewn mouths.

4. The Complainant had paid / cleared all the necessary, requisite and mandated payments on time, as per the requirements of the Opposite Party Company's Insurance Policy. Additionally, the Complainant had undertaken all necessary safeguards to ensure the safety of their goods which were as follows:

i) Pest Control Approval respect of the Complainant's goods;

ii) Agricultural and Processed Food Processed Food Products Export and Development Authority Approval respect of the Complainant;

iii) Phytosanitary Certificate respect of the Complainant's goods.

5. Thereafter, the vessel containing first, second and third slot of cargo arrived at Cotonou Autonomous Port on 18.06.2016, 29.06.2016 and on 07.07. 2016 respectively. At the time of opening of the containers, the representative of Discovery Benin Sarl ("Receiver") informed W.K. Webster & Co. Ltd ("Surveyor") (which is the survey company having agreement with the Opposite Party) to conduct sur