India NVOCC Adds Consignees to FMC Complaint Against U.S. NVOCC on Untariffed Charges, Etc.
Draft Cargoways India (Pvt.) Ltd., a non-vessel-operating common carrier based in India and licensed by the FMC, has filed an amended complaint with the Federal Maritime Commission, adding allegations that a U.S. NVOCC, Damco A/S, tried to invoice untariffed charges, etc. and adding two respondents to the proceedings.
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(Draft Cargoways’ original complaint filed with the FMC alleged Damco U.S., Damco A/S, and Maersk violated the Shipping Act1, by attempting to invoice untariffed charges and by repeated use of a bait and switch scheme. See ITT’s Online Archives, or 1116/10 news, 10111622, for BP summary on Draft’s initial complaint filed with the FMC.)
Further Allegations of Violations, Consignees Added as Respondents
Draft’s original FMC complaint listed Damco U.S.A., Inc. (a NVOCC and freight forwarder), Damco A/S (a NVOCC) and A.P. Moller-Maersk A/S (a vessel-operating common carrier) as respondents. The amended complaint describes further allegations raised by Draft in the district court proceeding and makes further allegations indicating that Damco A/S “by cross-referencing Maersk’s demurrage clause in its tariff violated 46 CFR 520.7(a)(3)” and “by having two conflicting tariffs violated 46 CFR 520.7(a)(4).”
The amended complaint adds as parties to this proceeding, Glencore Ltd. and Allegheny Alloys Trading LP, as they were the “actual consignees for subject shipments” and requests that if the FMC finds that Damco A/S is entitled to demurrage/detention, Glencore and Allegheny be found in violation of the Shipping Act and be required to make reparations to Draft Cargoways in the amount of $20,725.
Original Requests Still Hold for Reparations, Respondents to Cease & Desist, Etc.
The amended complaint does not alter Draft’s original claims of injury due to respondent’s violations of the Shipping Act, nor does it alter its original requests that the FMC:
- award reparations in the amount of $20,725.00 “for amounts paid for demurrage and detention”, and $150,000 for lost business and clients;
- pay interest, costs and attorneys’ fees;
- order Respondents to “cease and desist in the action filed in the U.S. District Court, Eastern District of Virginia… and to cease and desist in attempting to collect amounts or demurrage and detention in the amount of $174,412.50;
- compel Respondents to answer the complaint;
- find Respondents in violation of the Shipping Act; and
- impose any other relief as the FMC determines to be proper, fair, and just.
1 The complainant asserts that the respondents violated Sections 8(a)(1), 10(b)(2)(A), 10(b)(11), 10(b)(13) and 10(d)(1) of the Shipping Act of 1984, 46 USC Sections 40501(a)(1), 41104(2) and (11), 41103(a) and 41102(c).
(See ITT’s Online Archives or 11/16/10 news, Ref: 10111622, for BP summary on Draft Cargoways’ original complaint filed with the FMC)
(DN 10-10, FR Pub 12/14/2010)