Forwarder Files FMC Complaint Against Damco USA

An Indian forwarder filed a complaint with the Federal Maritime Commission against Damco USA and its Danish parent A.P. Moller-Maersk.

The Chennai, India-based non-vessel operating common carrier Draft Cargoways alleges Damco and Maersk violated the Shipping Act by collecting demurrage and detention charges not listed in Damco’s tariff.

Draft also complained that Damco and Maersk made misleading statements to the U.S. District Court for the Eastern District of Virginia where Draft had filed suit on Aug. 16.

By The Numbers: U.S. Container Trade With India.

According to the FMC filing, Draft claims Damco USA collected demurrage for shipments from Indian ports to Baltimore and Norfolk between December 2007 and November 2000, but Damco allegedly did not write charges into its tariff until last May.

Draft also claimed Damco used a “bait and switch” scheme by imposing terms and conditions outlined in Maersk’s bills of lading. The defendants also allegedly exchanged confidential information on Draft’s customers.

Draft is seeking $20,725 in damages and $150,000 in reparations for lost business.

Administrative Judge Erin M. Wirth will issue a decision by March 12, 2012.

-- Contact R.G. Edmonson at bedmonson@joc.com.