In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087.
CDF/Unit-I/Case No.185/2010 .
1) National Trading Corporation,
205, Rabindra Sarani, 3rd Floor,
Room no.120, Kolkata-7. ---------- Complainant
---Versus---
1) Reliance General Insurance Co. Ltd.
34, Jawahar Lal Nehru Road, 5th Floor,
Kolkata-71, P.S. Shakespeare Sarani.
2) Nitesh Roadlines of India,
1B, Black Burn Lane (4th Floor),
Room No.76, Kolkata-12. ---------- Opposite Parties
Present : Sri Sankar Nath Das, President.
Dr. Subir Kumar Chaudhuri, Member.
Smt. Samiksha Bhattacharya, Member
Order No. 28 Dated 07/06/2013.
The case of the complainant in short is that complainant is a partnership firm consisting of partners namely, Bararasidas Agarwal & Pawan Kumar Agarwal and they have been running their business to earn their livelihood.
Kavevi Seeds Co. Ltd. placed the order to supply 200 bundles consisting of 40000 pcs of jute bags to the complainant. Complainant in terms of the said order detpatchhed 200 bundles totaling 4000 pcs. of jute bags through o.p. no.2. Before detpatchhing of the said goods the complainant obtained a Marine Open Cargo Policy on the basis of warehouse to warehouse and paid the requisite premium in respect thereto to o.p. no.1. O.p. no.1 issued policy no.1506392421100040 on 14.7.09 for sum insured value of Rs.3,00,00,000/- and Declaration No.NAT/08/09-10 dt.29.8.09 for sum insured Rs.8,25,000/-.
O.p. no.1 is an insurance company and has been carrying business of insurance and on acceptance of the requisite premium, o.p. no.1 issued Marine Cargo Policy in favour of the complainant on warehouse to warehouse basis under Inland Transit Clause (A) – All Risks. Complainant detpatchhed those 40000 pcs. of jute bags in 200 bundles through o.p. no.2 vide Bill No.NAT/106/09-10 dt.28.8.09 vide Consignment Note No.NRI/667 dt.28.8.09.
Out of the said goods only 20 bundles were fully water damaged and o.p. no.2 the carrier issued the certificate on 12.9.09 to the effect. O.p. no.2, the carrier is primarily liable to make good the losses of the complainant due to such damage of the goods and as such the complainant made the claim to o.p. no.2 on 4.9.09 for Rs.82,500/-. Complainant also submitted their claim for damaged delivery of 20 bundles of jute bags to the insurance company i.e. o.p. no.1 on 9.10.09 along with all the original documents.
O.p. no.1 after getting such information of damage appointed surveyors to assess the loss. Complainant submitted the claim of Rs.82,500/- to o.p. no.1 but till date the said claim has not been finalized or settled and/or repudiated in any manner whatsoever. Hence the case was filed by the complainant with the prayer contained in the petition of complaint.
O.p. no.1 had entered their appearance in this case by filing w/v and denied all the material allegations labeled against them and prayed for dismissal of the case. Ld. lawyer of o.p. no.1 in the course of argument submitted that the case has got no merit and the same is liable to be dismissed. O.p. no.2 did not contest the case by filing w/v and matter was heard ex parte against o.p. no.2.
Decision with reasons:
We have gone through the pleadings of the parties, evidence and documents in particular and we find that complainant is a partnership firm consisting of partners namely, Bararasidas Agarwal & Pawan Kumar Agarwal and they have been running their business to earn their livelihood.
We further find that Kavevi Seeds Co. Ltd. placed the order to supply 200 bundles consisting of 40000 pcs of jute bags to the complainant. Complainant in terms of the said order detpatchhed 200 bundles totaling 4000 pcs. of jute bags through o.p. no.2. Before detpatchhing of the said goods the complainant obtained a Marine Open Cargo Policy on the basis of warehouse to warehouse and paid the requisite premium in respect thereto to o.p. no.1. O.p. no.1 issued policy no.1506392421100040 on 14.7.09 for sum insured value of Rs.3,00,00,000/- and Declaration No.NAT/08/09-10 dt.29.8.09 for sum insured Rs.8,25,000/-.
Further case of the complainant is that o.p. no.1 is an insurance company and has been carrying business of insurance and on acceptance of the requisite premium, o.p. no.1 issued Marine Cargo Policy in favour of the complainant on warehouse to warehouse basis under Inland Transit Clause (A) – All Risks. Complainant detpatchhed those 40000 pcs. of jute bags in 200 bundles through o.p. no.2 vide Bill No.NAT/106/09-10 dt.28.8.09 vide Consignment Note No.NRI/667 dt.28.8.09.
It is seen from the record that out of the said goods only 20 bundles were fully water damaged and o.p. no.2 the carrier issued the certificate on 12.9.09 to the effect. O.p. no.2, the carrier is primarily liable to make good the losses of the complainant due to such damage of the goods and as such the complainant made the claim to o.p. no.2 on 4.9.09 for Rs.82,500/-. Complainant also submitted their claim for damaged delivery of 20 bundles of jute bags to the insurance company i.e. o.p. no.1 on 9.10.09 along with all the original documents.
It transpires that o.p. no.1 after getting such information of damage appointed surveyors to assess the loss. Complainant submitted the claim of Rs.82,500/- to o.p. no.1 but till date the said claim has not been finalized or settled and/or repudiated in any manner whatsoever.
In view of the findings above and on perusal of the entire materials on record we find that o.ps. had sufficient deficiency in service being service providers to their consumer / complainant and complainant is entitled to relief.
Hence, ordered,
That the case is allowed on contest with cost against the o.p. no.1 and ex parte with cost against o.p.no.2. O.ps. are jointly and/or severally directed to pay Rs.34,000/- (Rupees thirty four thousand) only towards loss sustained to the complainant and are further directed to pay compensation of Rs.15,000/- (Rupees tfifteen thousand) only for harassment and mental agony and litigation cost of Rs.5000/- (Rupees five thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 10% p.a. 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.
