AGARWAL ENTERPRISES Vs. MAERSKS INDIA LTD

JUDGEMENT

(1.) -THE above named complainant has filed this complaint claiming compensation amounting to Rs. 24,48,160 for the loss suffered due to wrong delivery of consignment of shoes exported by the complainant.

(2.) BRIEF facts of the case are as follows. On 4. 12. 97 at the instructions of Seipi International (Brussels), O. P. No. 2 a Letter of Credit bearing No. 9083095674 was opened by Credit General Bank, Brussels, O. P. No. 3 in favour of Gold Foot Pvt. Ltd. , Delhi, O. P. No. 5. The said Letter of Credit contained the arrangement as to how the goods were to be shipped from India to Venezuela. As per the agreement and after acceptances of the Letter of Credit on 14. 3. 1998, an order was placed by Gold Foot (Delhi) upon the complainant for manufacture and supply of 4770 pairs of shoes, valuing US D 42930. Letter of Credit was to be transferred in favour of the complainant as soon as it was to be received by the Gold Foot, New Delhi from a foreign bank. Accordingly, the Letter of Credit was transferred in the name of complainant and goods were shipped on 31. 3. 1998 through Maersks India. The complainant sent all the requisite documents to its banker for onward transmission to the consignee bank, Credit General Bank to secure the payment. A photo copy set of complete documents was sent to Seipi International vide courier "elbee Express Services". The Bank Guarantee was given by ANZ Grindlays Bank, New Delhi which is not a party in this complaint. The Letter of Credit was to expire on 30. 12. 1997. However, it was further extended till 20. 4. 1998 and other conditions remained the same.

(3.) ON 15. 4. 1998 the Punjab National Bank, Agra sent the original three sets of Bills of Lading and other related documents to Credit General Bank, Brussels which reached to them on 20. 4. 1998. But till the first week of June, 1998 no payments were received by the PNB, Agra. On 19. 6. 1998 Maersks India vide their fax message informed the complainant that the consignment had reached La Guaira on 4. 6. 1998 and the consignee had taken the delivery of the goods on 17. 6. 1998. On 30. 6. 1998 the complainant wrote to PNB, Agra to confirm that the payment had been received. By letter dated 29. 7. 2007 the Punjab National Bank asked the complainant to remit the delinking charges of Rs. 1,27,931 on the ground that the payment had not been received. On 30. 7. 1998 the complainant sent a legal notice to Maersks India alleging that they had committed breach of trust by delivering the goods without receiving the original documents. In its reply dated 3. 9. 1998 the Maersks India informed the complainant that they had placed the goods at the disposition of the Customs Authorities at Venezuela and clearance of cargo was in the exclusive domain of the Customs Authority. The complainant had also gathered the information that the goods had been delivered by the Custom Authority at Venezuela to a party called "consorcio Corrona on 17. 6. 1998 against presentation of original Bill of Lading and a letter from the Bank. However, on 4. 9. 1998 the Credit General Bank returned all the original documents to the Punjab National Bank, Agra communicating that all the documents have been refused by the consignee, Seipi International, Brussels.