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CC/835/2015 DOD:19.12.2025

FORTUNE MARKETING PVT. LTD. VS. THE NEW INDIA ASSURANCE CO. LTD.

IN THE DELHI STATE CONSUMER DISPUTES

REDRESSAL COMMISSION

Date of Institution:11.09.2025

Date of reserving the order:27.11.2025

Date of Decision:19.12.2025

COMPLAINT CASE NO.-835/2015

IN THE MATTER OF

M/S FORTUNE MARKETING PVT. LTD.

REGD. OFF. 201-202, GEDORE HOUSE,

51-52, NEHRU PLACE,

NEW DELHI-110019

…Complainant

(Through: Ms. Amrita Panda and

Mr. Devesh Panda, Advocates

Phone:011-41648787

Email: dp@adpchambers.in)

VERSUS

THE BRANCH MANAGER,

THE NEW INDIA ASSURANCE CO. LTD.

S1 TO 6, MANISH LINK ROAD,

PLAZA-1, PLOT NO.9,

SECTOR-5, DWARKA,

NEW DELHI-110075

…Opposite Party

(Through: Mr. Pankaj Seth, Advocate

Mob.:9811055345 &

Email: sethpankaj74@gmail.com)

CORAM:

HON’BLE JUSTICE SANGITA DHINGRA SEHGAL (PRESIDENT)

HON’BLE MS. PINKI, MEMBER (JUDICIAL)

Present: Mr. Debesh Panda, counsel for Complainant

OP proceeded ex-parte vide order dated 16.08.2017,

however, Ms. Vijay Laxmi, proxy counsel for Mr.

Pankaj Seth, counsel for the opposite party.

ALLOWED PAGE 1 OF 16

CC/835/2015 DOD:19.12.2025

FORTUNE MARKETING PVT. LTD. VS. THE NEW INDIA ASSURANCE CO. LTD.

PER : HON’BLE PINKI, MEMBER (JUDICIAL)

JUDGMENT

1. The present complaint has been filed by the Complainant before

this Commission alleging deficiency of service by the Opposite

Parties and has prayed the following reliefs:

“a) Direct the Respondent to compensate the Complainant to the

tune of Rs.67,22,177/- (Rupees Sixty seven lakhs twenty two

thousand and hundred seventy seven only), being

i. Rs.32,01,485.21 towards the goods lost; and

ii. Rs.4,87,174.79 towards lost profits; and

iii. Rs.5,00,000 towards hardship caused on account of

Respondent’s conduct; and

iv. Rs.3,00,000 towards costs and legal expenses; and

v. Pre-claim interest of Rs.22,33,517 calculated at 12% interest

per year compounded per annum on the amount claimed

under (i) above, with effect from 28.12.2010.

b) Pass any such other order which this Hon’ble Commission may

deem fit and proper in the facts and circumstances of the case, in

the interest of justice, equity and good conscience.”

2. Brief facts necessary for the adjudication of the present

complaint are that the Complainant, a private limited company

engaged in the trade of electronics and multimedia goods,

obtained an Annual Turnover Policy (ATO Policy) bearing No.

31150321100200000001 from the insurance company

(hereinafter referred to as Opposite Party) for a period w.e.f.

01.04.2010 to 31.03.2011 on 30.03.2010, covering all Risks +

ALLOWED PAGE 2 OF 16

CC/835/2015 DOD:19.12.2025

FORTUNE MARKETING PVT. LTD. VS. THE NEW INDIA ASSURANCE CO. LTD.

war & SRCC (Warehouse-to-Warehouse) including inland transit.

Although the opposite party’s software could not issue an ATO

policy, the coverage was admitted by the insurer itself as per RO

Sanction and subsequent correspondence.

3. It is the case of the complainant that under the said policy, the

Complainant imported a consignment of 8,780 USB keyboards

and 22,000 PS-2 keyboards from Shenzhen Guowen Electronics

Co. Ltd., Shenzhen, China, vide Invoice no. CI-H0119 dated

29.11.2010 for USD 52,600. The consignment was sealed vide

bearing seal No. CH6967769 and loaded for shipment at Shekou,

China on 03.12.2010. It reached Chennai Port on 20.12.2010

and thereafter the Complainant’s warehouse on 28.12.2010.

Upon opening the container on 28.12.2010, the Complainant

found only 280 cement bags with Chinese markings instead of

keyboards. The original seal was found substituted with a

different seal No. CH6967767. The Complainant immediately

lodged an FIR with Chennai Police and informed all concerned

including Customs, freight forwarders, shipping line, and the

Opposite Party.

4. It is the case of the complainant that subsequent investigations

revealed that the container was pilfered/theft-substituted in

China. The Shenzhen Shekou Port Public Security Bureau, vide

ALLOWED PAGE 3 OF 16

CC/835/2015 DOD:19.12.2025

FORTUNE MARKETING PVT. LTD. VS. THE NEW INDIA ASSURANCE CO. LTD.

Authen