In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, Kolkata-700087.
CDF/Unit-I/Case No. 217 / 2011.
1) AARTI IMPEX,
Kha, 2/216, 2nd Floor, Jhohhen, Nhusal,
G.P.O. Box No. 13927, Kathmandu, Nepal.
Carrying on business at :
89, Netaji Subhas Road, Kolkata-700001. ---------- Complainant
---Versus---
1) PICC PROPERTY AND CASUALTY CO. LTD.,
Formally known as The People’s Insurance (Property)
Company of China Ltd.
Hubei Branch, 426, Jianshe Avenue, Hankou,
Wuhan City, Hebei Province, China 430030. ---------- Opposite Party
Present : Sri Sankar Nath Das, President.
Dr. Subir Kumar Chaudhuri, Member
Smt. Sharmi Basu, Member
Order No. 14 Dated 12/11/2012.
In a nutshell the case of the complainant in short is that o.p. carries on insurance business and covers goods under insurance risk of “ALL RISKS” of insurance and carrying on business at the address as mentioned in the cause title of the complaint petition. Complainant placed an order before M/s. Shyan Import & Export Corporation, Hubei, 16 Youdian Street Shiyanm Hubei, China against Letter of Credit No.HBL 3530496 dt.10.2.97 for supply of 505 sets of tyres, tubes and flaps in 1X40’ standard container. The said suppliers / shipper M/s. Shyan Import & Export Corporation, Hubei, 16 Youdian Street Shiyanm Hubei, China executed a shipment a consignment of 505 sets of tyres/tubes/flaps in 1X40’ standard container under their Invoice No.97HSI007 dt.3.3.97 on CIF Calcutta basis for Invoice value of USD 126768.65 under Bill of Lading No.PCR/3158 dt.10.3.97 from the Port of XINGANG to the port of Calcutta per vessel s.s. ASIAN STAR.
Said consignment was insured with o.p. under Marine Insurance Policy No.HK11/P 0005064 dt.6.3.97 for sum insured USD 29446.00 under “ALL RISKS” i.e. Insurance Cargo Clause ‘A’ from warehouse to warehouse up to final destination at Nepal. As per usual procedure and on unloading of the said consignment per transship vessel at 7 K. P. Dock, (K.P. Dock) Kolkata and thereafter the said consignment was transported from Kolkata Port to final destination at Nepal by Road Carries and as a token thereof the said Road Carriers issued Clean Consignment Note ex. Kolkata to Nepal on 17.4.97. The said consignment on arrival at Birgunj Nepal Customs premises and during taking delivery loss was detected and immediately an inspection was held by surveyor M/s. Commercial Claims (Nepal) on 24.4.97 and after assessment the said surveyor issued their Survey Report on 27.5.97 mentioning wet damage of 505 sets of tyres, tubes and flaps and assessed allowance 35%.
Further case of the complainant is that goods were unloaded at Kolkata Port and with the expectation that said goods were supposed to be delivered at destination in proper and secured condition but actually it was found wt damaged condition at the time of taking delivery at the final destination in Nepal. Complainant brought the matter to t he carriers. The said goods at the time of loading by the consignor5 M/s Shyan Import & Export Corporation, Hubei Branch, P.R. olf China obtained one insurance policy for “ALL RISKS” including covering the loss of the consignment and as such goods were under coverage of the said insurance policy issued by o.p. Complainant being the consignee and purchaser of the said goods has right and insurable interest over the said property and well in position to make claim out of the said insurance policy. Complainant states that o.p. is responsible and liable for the loss so sustained by complainant out of the policy so issued by o.p. Hence the case was filed by complainant with the prayer contained in the petition of complaint.
O.p. did not contest the case by filing w/v and matter has been heard ex parte against it.
Decision with reasons:-
We have gone through the pleadings of the parties, evidence and documents in particular and we find that o.p. has not come forward to contest this case, as such, evidence adduced by complainant has remained unchallenged testimony and it has not been rebutted. Moreover, from the record we find that part cause of action in respect of loading and unloading took place within the jurisdiction of this Forum and the surveyor of the Customs Authority has admitted the loss and o.p. conceded settlement in marine insurance e-mail.
In view of the above findings and on careful scrutiny of the record we find that o.p. has committed deficiency being service provider to its consumer / complainant and complainant is entitled to relief.
Hence, ordered,
That the case is allowed exparte with cost against the o.p. O.p. is directed to pay a sum of Rs.7,76,840/- (Rupees seven lakhs seventy six thousand eight hundred forty) only towards loss sustained by complainant and is further directed to pay compensation of Rs.25,000/- (Rupees twenty five thousand) only for harassment and mental agony and litigation of Rs.5000/- (Rupees five thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 9% shall accrue over the entire sum due to the credit of the complainant till full realization.
Supply certified copy of this order to the parties free of cost.
