Delhi

New Delhi

CC/175/2013

Devoir Deals - Complainant(s)

Versus

M/S. New India Assurance Company Ltd. - Opp.Party(s)

03 Jul 2015

ORDER

CONSUMER DISPUTES REDRESSAL FORUM-VI

(DISTT. NEW DELHI), ‘M’ BLOCK, 1^STFLOOR,

VIKAS BHAWAN, I.P.ESTATE,

NEW DELHI-110001.

 

Case No.CC/175/13                                                                                                                                                                                Dated:

In the matter of:

MS. DEVOIR DEALS

SH NAVNEET MOHAN MITTAL

6562/1, CHAMELIAN ROAD,

NEAR IDGAH,

DELHI-110006

……..COMPLAINANT

       

VERSUS

(THROUGH) BRANCH MANAGER

M/S. NEW INDIA ASSURANCE CO. LTD.

3, ARYA SAMAJ ROAD,

KAROL BAGH,

NEW DELHI-110005

       

       

………. OPPOSITE PARTIES

 

ORDER 

MEMBER: RTU GARODIA

 

The complaint pertains to deficiency in service on part of OP in repudiating Policy.

The complainant had purchased an all risk specific voyage Marine Policy No. 311301/21/10/01/0000069 from 1.10.2010 to 30.9.2019 for a sum of Rs.7,72,650/-  The policy covered a consignment from Bhiwari to Baroda consisting of metal sheets and coil which were damaged by water in transit.  A damaged certificate by transporter is annexed.  A surveyor was appointed and surveyor report is duly annexed with the complaint. Thereafter, the salvage was disposed of for Rs.4,37,438 and claim of Rs.Rs.2,95,459 was filed.

OP repudiated the complaint on 2 grounds vide letter dated 7.2.2012. 

The policy was from Bhiwadi to Baroda whereas consignment was transported from Delhi to Baroda and lorry number is different in surveyor report and carrier’s certificate.

No proof due to rain damage.

The same is reiterated in their written version.

We have given due consideration to argument rendered by both parties along with pleading and documents filed on record.  Surveyor report reveals that consignment was packed adequately.  Physical verification by surveyor shows that consignment consisting of aluminum coils was in damaged condition due to moisture.  The reports further sates that damage falls squarely within the scope of policy points.

The letter dated 9.8.2011 by transporter “Singal Transport” has specified that consignment was picked up from Bhiwadi in a lorry bearing number GJ6009431 and was re-loaded in a bigger lorry bearing GJ6XX581 in Delhi and taken to Baroda. The correspondence from transporter graphically explain the change in lorry number.  The complainant was no where asked to provide transit route of consignment and it cannot be OP’s case to dispute the route taken by complainant from Bhiwari to Baroda or the change in lorry enroute to Baroda.  The policy nowhere specifies that transit has to be done only through single mode of transport.

Surveyor has specifically stated in its report that consignment was found wet as it might have faced heavy rain or high humid condition in transit.  The OP even after receiving surveyor report was demanding additional proof of loss due to rain damage which is against principle of just equity and good conscience.  It stands duly established that damage has taken place during transit and complainant is entitled to value assessed by surveyor.  OP has not placed any cogent and convincing reason for repudiating the claim.

  We, therefore, find OP guilty of imperfection in service and direct it to pay Rs.2,95,459/- with 9% interest from date of claim till payment.  We also award Rs.30,000/- as compensation for harassment, mental agony due to imperfection in service inclusive of litigation expenses.

The order shall be complied with within 30 days of the receipt of the copy of the order; otherwise action will be taken under Section 25 / 27 of the Consumer Protection Act.

File be consigned to record room.

Copy of the order be sent to the parties free of cost.

        Pronounced in open Court on 03.07.2015.

 

 

(C.K.CHATURVEDI)

PRESIDENT

 

 

 

 (RITU GARODIA)

MEMBER