ORDER                        Dated:  24.10.2016

Mohd. Anwar Alam, President



1.     Complainant has filed this complaint on  15-10-2012 and alleged
that he purchased one Marine Cargo policy from OP  valid from
24.02.2011 to 23.02.2012 upto  a value of Rs. 10,00,000/- in single
transit.   On 29.03.2011 the complainant purchased “Furnace Oil”
weighing 26,480 MT from M/s Reliance Industry Ltd vide invoice no.
1532085 dated 29.03.2011 and the oil was loaded in tanker no. HR 63
4050 through M/s Dashmesh Bulk Carrier vide LR no. 815 dated
29-03-2011 for transportation to Delhi. The oil was sold during  the
transit  to M/s Kisko Forgoing Mandi Gobindgarh (Punjab.)  On the
night falling between 03.04.2012 to 04.04.2012 about 12 A.M. when the
tanker was near the Patiala near Bus Adda Shirhandi gate Nehru Park,
the driver took a turn and lost control and tanker turn turtle into a
waste nala and tanker totally bent towards the fields. As a result of
it most of oil spreads in the fields. Vide letter dated 04.04.2012
complainant informed  OP and the matter was also reported to the local
police at Patiala.  Complainant submitted the claim form along with
requisite documents to the OP.  Vide letter dated 01-11-2011  , the
surveyor Mr. Deepak Malohtra  again gave some information to OP
regarding the accident and vide letter dated 24-11-2011, OP again
sought information from the complainant and this was duly replied by
the complainant and received by the OP on 22-12-2011.  OP finally
rejected the claim of the complainant vide letter dated 02-03-2012 on
flimsy grounds.   Complainant suffered a loss of Rs. 6,41,701/-
towards the costs of oil.   Complainant  alleged that he earns his
livelihood from the business of sale and purchase of oils.   Hence
deficiency in service on the part of OP in not settling the claim and
complainant prayed that OP be directed to pay Rs. 6,41,701/- as cost
of oil and Rs. 1,00,000/-  for mental agony and harassment along with
interest @ 24% p.a.

2.     In reply, OP admitted that complainant is not a consumer within
the definition of section 2 (1) (d) of CP Act and stated that  there
is a clear violation of the terms and conditions of the insurance
policy. The consignment was dispatched from Jamnagar to Delhi.  The
consignment was subsequently sent to Mandi Govindgarh,  Punjab without
declaring the same to insurance company and  the loss took place
beyond the route of the consignment and damaged at Patiala which was
not the voyage as per the GR no. 0000815. OP denied rest of the
allegations made in the complaint.

3.     The complainant   has filed rejoinder to the reply and
explained that the objections filed by OP are baseless. In support of
his complaint complainant filed his own affidavit along with documents
i.e. copy of policy (Annexure C-1) ,fitness certificate (Annexure C-2)
reliance commercial vehicle endorsement copies (Annexure C-3) , copy
of invoice / copy of G.R.(Annexure C-4) , copy of invoice of
complainant (Annexure C-5)  , copy of letter dated 04-04-2012
(Annexure C-6) , copy of claim form (Annexure C-7) , intimation to
local police (Annexure C-8) , debit note (Annexure C-9)  , copy of
report dated 18-04-2011 (Annexure C10) , copy of letter dated
24-04-2011 (Annexure C11) , copy of report dated 12-07-2011 (Annexure
C12) , report forwarded to OP (Annexure C13) , copies of letter for
information  (Annexure C-14 to Annexure C17) , copy of letter dated
09-08-2011 (Annexure C18) , copy of letter dated 23-08-2012  (Annexure
C-19) and report dated  29-08-2012 (Annexure C-20), letter dated
01-11-2011 (Annexure C-21) , copies of letter dated 24-11-2011  and
reply dated 22-12-2011 (Annexure C22 and Annexure C-23) and copy of
emails (Annexure C-24 to Annexure C-27) .

4.     In support of reply,  OP filed affidavit of I.K Kanwadia
(Administrative Officer) along with documents i.e.  commercial invoice
dated 29.03.2011 (Ex. OPW-1/1)  , insurance policy (Ex. OPW-1/2) Gr.
No. 815 (Ex. OPW-1/3 and invoice no. 40 dated 01.04.2011 (Ex. OPW-1/4)
.

5.     Both the parties filed their written arguments.

6.     We have considered the arguments and considered the evidence
led by the parties and their written and oral arguments and perused
file.  In this case points to be considered are as under:-

       (a) Whether complainant is a consumer?

       (b) Whether there is any deficiency in service on the part of the OP?

      (c) Relief?

  7.  In reply, OP did not deny that complainant purchased one Marine
Cargo Policy for a sum of Rs. 10 Lakhs with OP.  It is also not denied
that complainant purchased Furnace Oil from M/s Reliance Industry and
the oil was loaded in the tanker for transportation to Delhi. As  per
established legal position insurance was to indemnify the loss to
complainant hence complainant is a consumer.

8. Complainant filed copy of insurance policy (Annexure C-1) i.e.
Marine Cargo pertaining to consignment of  Furnace Oil stored in
tanker subject to similar carrying limit of Rs. 8,00,000/- and OP’s
document (Ex. OPw1/3)  consignment note clarify that on 29.03.2011
consignment was booked for   Jamnagar to Delhi vide truck no. HR 63
4050 which was sold in transit to M/s Kisko Forgoing Mandi Gobindgarh
(Punjab).   Hence it is evident that under the insurance policy  the
risk covered  of the goods was for single transit  which was from
Jamnagar to Delhi  and not elsewhere.  Although , the surveyor Deepak
Malohtra in his interim  survey report dated 24.02.2011 opined
estimate of loss of Rs. 5,90,263/-  and he reserved his opinion
regarding final loss but in his report he specified GR no 000815 dated
29.03.2011. This GR No. specified the route from Jamnagar to Delhi
only.

9. Looking to the above facts and circumstances, we are of the opinion
that complainant suffered a loss not on the insured route from
Jamnagar to Delhi but at Patiala which was not covered under the
Marine Cargo Policy issued by OP.   Hence complainant has failed to
prove deficiency in service  on the part of the OP. So complaint is
dismissed accordingly. Both the parties will bear their own cost.

10. Copy of the order made available to the parties as per law. File
be consigned to record room.



Announced on ……….