Per Shri P.N. Kashalkar – Hon’ble Presiding Judicial Member:
(1) This matter is pending in this Commission since 1997. We perused the complaint and we are finding that the Complainant No.2 – Nav Maharashtra Chakan Oil Mills Ltd. is the supplier of Poultry feed supplements and it had given the goods which consisted of 300 bags of poultry feed supplement packed in polyethylene bags which were found water soaked when the goods were in transit from Kupwad Sangli to Arambagh, Dist.Hoogly, West Bengal. According to survey report the consignment was covered by two tarpaulins. However, these tarpaulins got loosened resulting in exposure of poultry feed supplement in bags due to heavy rains in transit. It is the case of the Complainants that Opponent was aware of the fact that consignment contained poultry feed and the same was specified in detail in the L.R. No.3752 dated 18.06.1997 and therefore it was the responsibility of the Opponent Carrier to see that the said consignment was duly protected from rain water. The Opponent Carrier failed to take care of the poultry feed carried by them despite the fact that they were aware of the nature of consignment. Complainant No.2 lodged their claim with the Carriers (Opponent) but the Carriers had not even responded to the said notice. In the meanwhile pending settlement of the claim of Complainant No.2, Complainant No.1 had settled the claim of Complainant No.2 to the extent of `7,13,093/- against Letter of Subrogation and Special Power of Attorney given by the Complainant No.2 in favour of Complainant No.1. After letter of subrogation and Special Power of Attorney of Complainant No.2 in favour of The New India Assurance Co. Ltd.this complaint came to be filed jointly by Complainant Nos.1 and 2 on 12.03.1998.
(2) Heard Mr.Sunil Ghatge, Advocate for the Opponent. None appeared for the Complainants.
(3) Thus, on perusal of complaint we are finding that basically complaint has been filed by Complainant No.1 – The New India Assurance Co. Ltd., impleading Complainant No.2 for recovery of certain amount in terms of Letter of Subrogation and Special Power of Attorney executed by Complainant No.2 in favour of Complainant No.1.
(4) In nutshell, this complaint has been primarily filed by Complainant No.1 - The New India Assurance Co. Ltd. on the basis of letter of subrogation executed by Complainant No.2 in favour of Complainant No.1, on Complainant No.1 paying insurance claim of Complainant No.2 in view of the loss of goods handed over to Opponent by Complainant No.2 for transportation which got damaged in transit. As such the complaint filed by the New India Assurance Co. Ltd. is not tenable under the Consumer Protection Act, 1986 because Insurance Company is service provider, it cannot be said to be consumer within the meaning of Section 2(1)(d) of the Consumer protection Act, 1986. It cannot be permitted to file or prosecute complaint against anybody. With this observation, we pass the following order:
O R D E R
(i) Complaint stands dismissed as not tenable at the instance of Complainant No.1.
(ii) Inform the parties accordingly.
Pronounced on 21st June, 2011.
