Tribunals and Commissions(2001) 11 NCDRC CK 0027

K.R. PATEL And CO. vs GENESIS WORLDWIDE SHIPPING CO.

National Consumer Disputes Redressal Commission · Decided on 22 November 2001 · Citation: 2002 3 CPJ 144

HON’BLE JUDGES
D.P.Wadhwa , J.K.Mehra , Rajyalakshmi Rao , B.K.Taimni J.
RESULT
Complaint dismissed

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Judgment

2 paragraphs · 239 words
1.

MR. Justice D.P. Wadhwa, President-In this complaint complainant has claimed a sum of Rs. 25.00 lakhs from the opposite parties who are three in number on account of shortage of goods (teak logs) which had been shipped from Nigeria to Mangalore. Shipper''s name in the bill of lading is Hodande Wig. Ltd., 23-24 Calcutta Crescent, Apapa Lagos, Nigeria. The goods were carried by Steamer ''M.V. Genesis Pioneer". It is not clear from the complaint as to where the ship was registered. It would appear that first opposite party has been sued on behalf of the shipper. Second opposite party is based in Singapore and so is the third who is the seller of the goods. It has been stated that because of the strike in Mangalore Port goods landed at Bombay.

2.

COMPLAINANT has referred to various steps taken by it in respect of survey as it involves the names of Tata Marine Agency and Sigma Shipping Agency Pvt. Ltd. A great deal of evidence has to be led both oral and documentary. Moreover, complex question of law also arises as to the jurisdiction of this Commission with reference to deficiency in service in a contract entered into in Singapore. It is not possible to decide this case in our summary jurisdiction. Accordingly, we do not entertain this complaint and direct the complainant to approach appropriate Forum for its relief, if any. This complaint is dismissed. Complaint dismissed.