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2020 Supreme(Online)(NCDRC) 594

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
JUSTICE V.K. JAIN, PRESIDING MEMBER
TATA MARINE AGENCIES & ANR. – Appellant
Versus
L.W.S. KNITWEAR LTD. & ANR. – Respondent


For the Appellant:Mr. Gopal Jain, Sr. Advocate, Mr. Anant Kumar, Advocates
For the Respondent:Mr. Satinder S. Gulati, Advocate

JUSTICE V.K. JAIN, PRESIDING MEMBER

The complainant purchased yarn from M/s Bukwang Woolen Textile Co. Ltd. of South Korea. The aforesaid consignment was got insured by the seller with respondent No.2 - Shindongah Fire and Marine Insurance Co. Ltd., through a Marine Cargo Insurance Policy. The goods arrived at IGI Airport, New Delhi on 16.8.1996 but the consignment according to the complainant could be traced only on 24.10.1996 and 25.10.1996. The consignment was short in quantity and was in damaged condition when it was traced. The complainant having intimated the loss and damage to the seller, they asked the complainant to contact the insurer at New Delhi. The surveyor appointed by the appellant assessed the quantity of the damaged goods at 880.895 kg. According to the complainant, the price of the damaged goods was Rs.758020.25. They claimed to have paid Rs.76945.30 as clearing charges, Rs.539787.79 as Custom Duty and Rs.880.66 as freight. The claim having not been paid, the complainant approached the concerned State Commission by way of a consumer complaint seeking an amount of Rs.1705786/- from the appellant which included Rs.330152/- as interest @ 12% p.a. and compensation qua

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