BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM,
ERNAKULAM.
Date of filing : 09/12/2011
Date of Order : 30/04/2012
Present :-
Shri. A. Rajesh, President.
Shri. Paul Gomez, Member.
Smt. C.K. Lekhamma, Member.
C.C. No. 682/2011
Between
Cochin Petromins Pvt. Ltd., | :: | Complainant |
Devi Kripa, FACT Road, North Kalamassery, Ernakulam, Rep. by its Managing Director R. Unnikrishnan. |
| (By Adv. R. Padmaraj, M/s. KNB Nair Associates, 2nd Floor, Morning Star Buildings, Kacheripady, Ernakulam, Cochin – 682 018. |
And
Glad Stone Agencies Ltd., | :: | Opposite Party |
Rep. by its Manager, Head Office, 1A, Janki Shah Road, Hastings, Kolkata – 700 002. |
| (Absent) |
O R D E R
A. Rajesh, President.
1. The undisputed facts of the complainant's case are as follows :
The complainant is doing business in supply of industrial chemicals. The opposite party is the insurer of the complainant in the event of any damages occasion to the complainant, while dealing with the import of chemicals. On 29-04-2010, the complainant imported 540 bags of “Soda Ash” through Trade Asia International, Singapore at Ukraine by shipment. Unfortunately, due to unknown reasons 49 bags of soda ash were found wet on reaching at Cochin Port. The complainant and the opposite party had jointly conducted the survey of the 49 bags of deteriorated soda ash with the assistance of an expert. From the survey, it is evident that the wetting of bags was caused not by sea water, but due to floor board sealant missing of the container. The complainant requested the opposite party to disburse the amount as per the survey report. But they did not pay the amount for their own reasons. The complainant had to suffer a lot of mental and physical sufferings due to the non-payment of the insurance amount. Thus, the complainant is before us seeking direction against the opposite party to pay the insured amount of Rs. 39,485/- together with compensation of Rs. 3 lakhs and costs of the proceedings. This complaint hence.
2. The opposite party received the notice of this complaint from this Forum, but they opted not to contest the matter necessarily due to the acceptance of negligence. Proof affidavit has been field by the complainant. Exts. A1 to A9 were marked on his side. Heard the counsel for the complainant.
3. The points that came up for consideration are as follows :-
Whether the complainant is entitled to get the insurance claim from the opposite party?
Whether the opposite party is liable to pay compensation and costs of the proceedings to the complainant?
4. Point No. i. :- Ext. A1 insurance policy issued by the opposite party goes to show that the policy was valid from 29-04-2010. Ext. A4 is the joint survey report prepared by the complainant and the opposite party in which they have not stated the price of the damaged 49 bags of Soda Ash. However, Ext. A9 bill shows that the price of the damaged chemical is Rs. 39,485/-. No evidence is forthcoming on the part of the opposite party to controvert the same. As per Ext. A4 survey report, the complainant is to pay a sum of Rs. 18,751/- towards surveyor's fee. The opposite party is legally and contractually liable to indemnify the loss sustained by the complainant in this case, the amounts as per Exts. A4 and A9, that is to the tune of Rs. 18,751/- and Rs. 39,485/- respectively.
5. Point No. ii. :- Indisputably, the complainant is a juristic person. A juristic person is not entitled to claim compensation for mental agony and physical sufferings. It was so held by the Hon'ble Supreme Court in Sikka Papers Ltd. Vs. National Insurance Company Ltd. and Others 2009 CTJ 706 (SC) (CP). The complainant having been put to unnecessary complexities and litigation and having sustained his case has to be compensated in costs which is directly called for. We fix it at Rs. 2,000/-. So much so that such inconveniences to a consumer would not be brought up at least hereafter.
6. Accordingly, we partly allow the complaint and direct as follows :-
The opposite parties shall pay the amounts as per Exts. A4 and A9 together with 12% interest p.a. from the date of complaint till realisation.
The opposite party shall also pay Rs. 2,000/- to the complainant towards costs of the proceedings.
The order shall be complied with, within a period of one month from the date of receipt of a copy of this order.
Pronounced in open Forum on this the 30th day of April 2012.
Sd/- A. Rajesh, President.
Sd/- Paul Gomez, Member.
Sd/- C.K. Lekhamma, Member.
Forwarded/By Order,
Senior Superintendent.
A P P E N D I X
Complainant's Exhibits :-
Exhibit A1 | :: | Copy of bill of lading dt. 29-04-2010 |
“ A2 | :: | Copy of cargo certificate of insurance No. 115888 |
“ A3 | :: | Survey report dt. 12-07-2010 |
“ A4 | :: | Copy of survey report submitted by Gladstone Agencies Ltd. |
“ A5 | :: | A Letter dt. 29-10-2010 |
“ A6 | :: | Copy of the e-mail message dt. 02-11-2010 |
“ A7 | :: | A letter dt. 15-02-2011 |
“ A8 | :: | Copy of the e-mail message dt. 01-06-2011 |
“ A9 | :: | A copy of the bill dt. 28-07-2011 |
Opposite party's Exhibits :: Nil
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