IN THE TAMILNADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CHENNAI.

Present: Hon’ble THIRU JUSTICE R. SUBBIAH PRESIDENT F.A.No.273 of 2018 [Against the order dated 16.03.2016, passed in C.C.No.691 of 2004 by the District Consumer Disputes Redressal Commission, Chennai (South)].

Thursday, the 15^th day of May, 2025 Mr. S. Sivasekar, M/s. Maritime Claim Settling Agent, No.17/12, Sai Nagar, 2^nd Street, Jawahar Nagar Post, Chennai – 600 082. ... Appellant/Complainant.

- Vs –

1. The General Manager, M/s. Sampo Japan Commercial Line, Services Inc. (Formerly known as M/s. Yasuda Fire & Marine Insurance Co. Ltd), Head Office, 26/1, Nishi – Shinijuku, Tokyo, Japan.

2. The Manager, M/s. W.K. Webster (Intenl.) P. Ltd., 139, Cecil Street, Cecil House, Singapore – 069 539.

3. The Director, M/s. Wilson & Co. (P) Ltd., Chordia Mansion (P.B. No.393), 739, Anna Salai, Chennai – 600 002. … Respondents 1 to 3/Opposite Parties 1 to 3.

Counsel for Appellant/Complainant : M/s. L. Rajendran.

Counsel for R-1 & 2/OPs. – 1 & 2 : M/s. K. Mahendran.

Counsel for R-3/OP-3 : M/s. S. Sakthivel.

This appeal came up for final hearing on 24.04.2025, and on hearing the arguments of the counsel for both sides and on perusing the material records and the written arguments and the additional arguments filed by the appellant/complainant, this Commission made the following:-

O R D E R

THIRU. R.SUBBIAH J., PRESIDENT This appeal has been filed as against the order dated 16.03.2016, passed in C.C.No.691 of 2004 by the District Consumer Disputes Redressal Commission, Chennai (South), dismissing the complaint filed by the appellant/complainant herein.

2. The case of the complainant before the District Commission is that he is an authorised agent of the consignee M/s. Fabritex Exports Pvt. Ltd., Bangalore. The said consignee M/s. Fabritex Exports Pvt. Ltd. had insured their consignment, i.e. 265 sets of Juki Brand Industrial Sewing Machine for US $ 206,805.00 in Policy No.H94/0003606 dated 28.06.1994 with the 1^st opposite party Insurance Company for the transportation of the said goods from Hongkong to Madras by sea and from Madras Port to Bangalore by Road. The name of the consigner is M/s. Juki (Hongkong) Ltd., Hongkong. The goods were sent by vessel, namely M.V. “HOECHST EXPRESS” V. 15325, TPD M.V. “TIGER BRIDGE” V.297 which arrived at Madras Port on 17.07.1994. The goods were transported in two containers, one is FCL container No.MOLU 8039895 which contained 549 packages and another is LCL container No.GSTU 8232862 which contained 29 packages of the consignee. The goods landed at Madras Port on 21.07.1994. But, the inspection of the goods by the customs Authority was carried out only on 17.08.1994. There was a delay between the date of arrival of the ship and inspection of the customs Authority. The delay was due to enormous congestion at Chennai Port for various reasons. At the time of taking delivery, after completion of customs formalities, it was found that Fabritex Madras C/No.522 one wooden case said to have contained 4 sets Hitachi Motors and one lot of essential maintenance spares were completely torn and contents lying in loose condition and one lot essential maintenance spares were completely missing. Immediately, this was informed to Madras Port Trust carrier agency and to the 1^st opposite party. The Madras Port Trust and carrier agency had given their reply in written stating that the said damaged box was in FCL container and for the FCL container, they were not liable for loss/damages, when the container seal was intact at the time of goods arrival at Madras Port on 17.07.1994. For FCL container, the Madras Port Trust does not issue landing certificate and the consignment being a FCL cargo with the endorsement “Shippers Load & Count” on the bill of lading, the carrier will not be liable. Based on the complainant’s information, the 1 st opposite party engaged the 3^rd opposite party to appoint their surveyor to assess the loss and damages of the said consignment. Th