JUSTICE DEEPA SHARMA (ORAL) THROUGH VIDEO CONFERENCING

1.      The present appeal has been filed by the appellant challenging the order dated 14.2.2020 of the State Commission in complaint case no. 310/2015. 

2.      Caveator is present, the application stands disposed of.

3.      Final arguments on behalf of both the parties are heard.

4.      The brief facts of the case are that the respondent/complainant is carrying on the business of selling and trading of jewellery and gems as proprietor of M/s Ankit Overseas, B-3, First Floor, Shopping Centre, Tagore garden, Delhi.  His business has been expended till Dubai and USA where he is doing his business for the last fourteen years.  He has also been in jewellery and gems export council and had been visiting Dubai and USA for selling his jewellery and gems.  He arranged a trip for USA via Dubai from 16.6.2012 to 25.7.2012 and for that he had also obtained approval from the jewellery and gems export council and the article which has to be carried were identified and its weight was taken.  He was carrying total 332 articles of Diamond jewellery weighing 1566.53 gms, the value of which was Rs.59,48,412.34.  He had also submitted list of invoice to the custom department alongwith the colored photographs of articles he was exporting to USA.  Thereafter, on the verification of the jewellery items, the jewellery was sealed in a box and a shipping bill was also prepared alongwith exchange control declaration (GR).  The sealed boxes then were handed over to the complainant which to carry to the destination.  The appellant was also issued a cover note dated 15.6.2012 which was valid for the period  16.6.2012 to 25.7.2012 covering the risk of the value of the jewellery and gems which were to be carried by the complainant to USA via Dubai.  On 22.6.2012, the complainant reached to Dubai and stayed there till 1.7.2012.  He sold some of the articles and gems worth US$ 5,484.48 in Dubai UAE and also paid duty and thereafter he went reached New York on 1.7.2012 with the remaining articles of the jewellery.   He declared those articles/jewellery in USA to the Customs & Border Protection and also paid custom duties on those articles which were of the value of US $ 1,03,262.  He failed to sell any article in New York.  He then went to Atlanta on 7.7.2012 and took a car from airport and checked in at Super 8 Motel there.   At about 7.30 on 7.7.2012 when he returned to the Motel after visiting Zaveri Bazar, Legacy, Malani and Macy’s Malls, he parked his car in the Motel’s parking area and walked over to the front passenger side of the Car to get his black leather Jaguar Bag containing the jewellery articles.  Suddenly a silver van pulled up behind the car when he was in the process of removing the briefcase from the front passenger side of the vehicle.  Two persons from that van came out and one of them grabbed the complainant from behind in a choke hold and threw him to the ground.  Thereafter, they looted the jewellery from him.  Injuries were also caused to him.  Hearing the turmoil of this fight, the Motel staff immediately called the police and FIR was registered.  The incident of loot was also recorded in CCTV cameras of the motel.  Due to this robbery, the complainant had suffered a loss of US$ 1,03,262.  He informed the appellant on 8.7.2012 about the incident and the loss.  He returned to India on 19.7.2012.  Mr.S.S. Soni & Company was appointed as surveyor by the appellant to assess the loss.  All the relevant documents w