RAJANKUMAR AND BROTHERS Vs. ORIENTAL INSURANCE COMPANY LTD.

JUDGEMENT

(1.) This appeal arises out of judgement of the National Consumer Disputes Redressal Commission ('NCDRC') dated 12.11.2013, dismissing the consumer complaint filed by the Appellant herein.

(2.) The timeline of events giving rise to the present appeal is as follows: The Appellant is a partnership firm in the business of importexport of various commodities, including steel coils. The Respondent insurance company issued a Marine Cargo Cover Note (hereinafter 'Cover Note') dated 14.5.2010 for a sum of 12,63,712.50 US Dollars, covering voyage from any port in China to Mumbai Port. It was stated in the aforesaid Cover Note that a policy document would be issued once the Appellant furnished the requisite particulars of the vessel in which the cargo was being carried. Accordingly, the Appellant forwarded the particulars of 'KhalijiaIII', the vessel in which the cargo was to be carried (hereinafter 'subject vessel'), to the Respondent, vide letter dated 26.5.2010. It was stated in this letter that the subject vessel was built in March 1985, and its "class" was specified as 'I.R.S.'. The Appellant's case is that it had communicated the aforementioned details regarding the subject vessel to the Respondent, as well as the Respondent's insurance broker, as per the documents presented by the Overseas Seller.

(3.) Heard learned counsel for both parties.