Punjab

Rupnagar

CC/17/19

Bikar Singh - Complainant(s)

Versus

Punjab Alkalies & Chemicals Ltd. & Others - Opp.Party(s)

Sh. Ram Avtar, Adv.

05 May 2017

ORDER

BEFORE THE DISTT. CONSUMER DISPUTES REDRESSAL FORUM, ROPAR

                                            Consumer Complaint No. :  19 of 12.04.2017

                                               Date of decision           : 05.05.2017

 

    Bikar Singh, aged about 44 years, son of Telu Ram, resident of Village Raipur, Tehsil Nangal, District Rupnagar

                                                                             ....Complainant

                                                    Versus

 

1. Punjab Alkalies & Chemical Ltd. Nangal Una Road, Naya Nangal, District        Rupnagar, Punjab, through its Manager. 

2. Sh. Naveen Chopra, Executive Director (Marketing & HR) Punjab Punjab         Alkalies & Chemical Ltd. SCO No.125-127, Sector 17-B, Chandigarh.

3. M/s Mulkh Raj Rajinder Kumar, SCO No.461-462, Sector 35-C,                                 Chandigarh.

4.  The Insurance Company is to be disclosed by the O.Ps. No.1 & 2

5. The Nangal Cooperative Truck Operative Goods Carrier Transport Society Ltd. Nangal & Naya Nangal. 

                                                                                      ...Opposite Parties

 

                              Complaint under Section 12 of the Consumer

                              Protection Act, 1986

QUORUM

 

                    MRS. NEENA SANDHU, PRESIDENT

                     SMT. SHAVINDER KAUR, MEMBER

 

ARGUED BY

                    Sh. Ram Avtar Advocate, counsel for complainant

 

ORDER

                              MRS. NEENA SANDHU, PRESIDENT

                    Sh. Bikar Singh  has filed this complaint under Section 12 of the              Consumer Protection Act, 1986 (hereinafter referred to as ‘the                           Act’ only)   against the Opposite Parties (hereinafter referred to                         as O.Ps.) praying for the following reliefs:-

                     1)      To direct the O.Ps. No.1 & 2 to recover the loss amount from                             the insurance company instead of penalty on complainant and                            in case during to the pendency of the present complaint if the                             O.Ps. No.1 & 2 succeed to recover the amount from the O.P.                             No.4, then it may be reimburse back o the O.P. No.4 

2.          In brief the facts of the complaint is that in order to earn his livelihood, the complainant is doing the business of transport and is duly registered with The Nangal Cooperative Truck Operators Goods Carrier Transport Society Limited, Nangal and Naya Nangal having registration No.396. He is plying his four oil tankers under the management and control of the Nangal Cooperative Truck Operator Goods Carrier Transport Society Ltd. Nangal and Naya Nangal. The O.Ps. No.1 & 2 have installed plants for manufacturing soda caustic lye at Naya Nangal, Punjab, and are supplying the same all over India through O.P. No.3 i.e. M/s Mulkh Raj Rajinder Kaur. The O.Ps. No.1 & 2 got insured the material, which was being transported through tankers. He is transporting the material of O.Ps. No.1 & 2 since 1999. On 30.1.2017, at about 5.00 P.M, he loaded his tanker having registration No. PB-12-C-1116 and the same was duly checked by quality control department. It is pertinent to mention here that tankers cannot move without bill. The bill was handed over to him by the Manager of M/s Mulkh Raj Rajinder Kumar at about 8.00 P.M. on 31.1.2017 for supply of caustic soda lye to M/s Partap Fabrics Shahabad Saha Highway City Saha. On 31.1.2017, his second tanker bearing registration No.PB-10-X-9799 was also loaded and the bill was prepared and handed over to him by the O.P. No.1 at about 5.00 P.M. on 31.1.2017 for supply of caustic soda lye to Bheva (H.R.). On 1.2.2017, at about 2.15 AM, the drivers of both the tankers left for Shahabad from Nangal. When the said tankers having registration No. PB-10-X-9799 and registration No.PB-12-C-1116, reached at Nakia Toll Plaza at about 3.00 AM then suddenly a stray animal came in front of the tanker having registration No.PB-10-X-9799. In order to save the said stray animal, the driver suddenly applied the breaks and it collided with the other tanker having registration No.PB-12-C-1116, due to heavy impact, its safety valve broke and all the caustic soda lye oozed out from the said tanker. The matter was reported to the police and police registered DDR No. 20 dated 01.02.2017. Intimation regarding the said incident was also given to the PACL Ltd. Chandigarh, on the same day. All the requisite documents, were supplied to the O.Ps. However, the O.Ps. No.1 & 2 had informed the President of M/s Nangal Cooperative Truck Operating Society that insurance claim pertaining to tanker No. PB-12-C-1116 was rejected without disclosing any reason. The O.Ps. No.1 & 2 wants to recover the cost of the material of Rs.1,90,800/- from him. Hence, this complaint.

3.                    We have heard the learned counsel for the complainant and gone through the record of the file, carefully. 

4.                    In the present case, the complainant by supplying the soda caustic lye, manufactured by Punjab Alkalies & Chemicals Limited i.e. O.P. No.1, to its customers through his tankers is rendering services to O.P. No.1 and in lieu of that he is getting transportation charges. Thus, he cannot be said to be consumer qua Punjab Alkalies & Chemical Limited i.e O.P. No.1  and O.P. No. 2 i.e the Executive Director of Punjab Alkalies & Chemical Limited. Since the complainant has not disclosed, as to whether, he had taken any insurance policy, therefore, he has no locus standi to file the present compliant against the insurance company. The complainant has not placed on record any document to show that he has availed the services of O.P. No.3, as such, he has no occasion to file the present complaint qua it. No specific allegation has been leveled against O.P. No.5, therefore, the complaint qua it also not maintainable. 

5.                    In the light of the aforesaid discussion, we are of the opinion that the present complaint is devoid of merits, consequently, we dismiss the same at the preliminary stage, without any order as to cost. 

6.                                   The certified copies of this order be supplied to the      complainant forthwith, free of costs, as permissible under the rules. The   file be indexed and consigned to Record Room.

 

                   ANNOUNCED                                                                       (NEENA SANDHU)

                   Dated 05.05.2017                                                  PRESIDENT

 

 

                                                                   (SHAVINDER KAUR)

                                                                                        MEMBER