OFFICE OF THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KAMRUP,GUWAHATI
C.C.37/2014
Present:-
1)Md.Sahadat Hussain, A.J.S. - President
2)Sri U.N.Deka - Member
M/S Sohani Silica Pvt.Ltd. -Complainant
Hanuman Tower, Sati Jaymati Road,
Athgaon,Guwahati-781001
District Kamrup,Assam
Represented by Shri Manoj Kr.Ray
-vs-
1) The Chairman Cum Managing Director, - Opp.parties
The New India Assurance Company Ltd.,
87 M.F.Road,Fort,Mumbai-400001
2) The Regional Manager,
The New India Assurance Company Ltd.,
Opp.Rajiv Bhawan,Bhangagorh,
G.S.Road,Ghty-5,Assam.
Appearance-
Learned advocate Ms.Shalini Goel for the complainant
Date of argument- 5.1.2016
Date of judgment- 21.1.2016
UDGMENT
This is a complaint u/s 12 of the Consumer Protection Act, 1986.
1) The Complainant, Sri Manoj Kr.Ray, representing M/S Sohani Silica Pvt.Ltd., by filing complaint u/s 12 of the Consumer Protection Act,1986 prays for directing the opp.parties namely New India Insurance Co.Ltd. to pay them Rs.1,87,600/- which includes the remaining value of damaged items and the compensation for causing harassment and mental agony to them, stating that M/S Sohani Silica Pvt. Ltd., which is a private company dealing in business of all kind of glass, mirrors and decorative glasses, got the Marine Insurance Policy from Opp.Party No.2 (New India Assurance Company Ltd., Regional Manager, Guwahati) vide insurance policy No. 53020921120200000003 w.e.f. 17.8.12 to 16.8.13 covering transit risk of all kinds of glass, mirror, decorative glass and related goods from Guwahati to various destination; and they on 31.8.2012 despatched a consignment of 13 Nos. of glass in different sizes packed by wooden cartoons to M/S Glass House of Dibrugarh by road through M/S Howelia Roadways (India), A.T.Road, Guwahati vide C/N No. 58707 dtd. 31.8.2012 of value Rs.4,77,588/- and the consignment was dispatched through commercial vehicle bearing registration No. AS-23-AC-0925 and the said vehicle met with an accident on 2.9.12 at 5-15 A.M. over the road under Kaliabor Police Station, Nagaon due to its mechanical defect while it was proceedingtowards Dibrugarh from Guwahati and it suddenly capsized into a ditch on its right side, and in result, the entire consignment of glass was totally damaged, and in connection with that accident, Kaliabor Police Station investigated the case vide Kaliabor P.S.G.D.E. No.-15 dtd.2.9.2012, and they also reported the matter to Opp.Party No.2 over phone and also through an written intimation; and Opp.Party No.2 got the accident surveyed through their surveyor Mr.Manik Ch.Deka and the surveyor found that the glasses were damaged which were lying on the road side on the spot of the accident. The complainant side had submitted claim after duly filling up the format along with the copy of C/N No.58707 dtd. 31.8.12, Bill (Tax Invoice) No.SSPL /TI/ P11/ 69/48 dtd. 31.8.2012, Police Report, copy of the policy, Photographs taken by the surveyor ; and after receiving the claim, Opp.Party No.2 vide letter dtd.11th Dec,2012 informed the complainant that they approved settlement of the aforesaid claim at Rs.3,80,500/- against the total claim of Rs.4,77,588/- and the complainant received that amount with protest informing Opp.Party No.2 that as the glasses were fully damaged the settlement done is unjustified as there is no salvage value of broken glass. After perusal the surveyor report, the complainant found that the surveyor deducting 40% from the claim amount as retrieval service. Although, it is quite baseless, but from Addendum Report dtd.7.12.12 submitted by the surveyor it is found that he has stated that the total service value is 15% and that is to be deducted from the total claim. Although the complainant has suffered for the total loss of the consignment of glass which were broken into fragments which were found not fit to be sold at any rate, and hence the complainant is entitled to full amount of Rs.4,77,588/- and as Opp.Party No.2 has already paid them Rs.3,80,500/- , they are entitled to the remaining amount i.e. Rs.74,920/- along with interest at the rate of 12% per annum and a compensation of Rs.1,00,000/-
2) The notice of this case were sent to the opp.parties through registered post letter, but they did not take step in this proceeding and in resulted this proceeding is running on exparte against them vide this forum’s order dtd.7.1.15. The complainant side filed the affidavit of Sri M.K.Ray. On 5.1.16 we have heard oral argument of learned advocate Ms.Shalini Goel. We are giving our decision as follows-
3) After perusing the pleading and evidence of the complainant, it transpires to us that the opp.parties has admitted the claim of the complainant, by settling at Rs.3,80,500/- admitting the fact that the consignment of glass was being carried to Dibrugarh from Guwahati by M/S Howelia Roadways India Guwahati engaging the Truck No. AS23-AC-0925 and the glasses were damaged in an accident by the said truck near Kaliabor under Kaliabor P.S.. Thus, it is a case of direct admission of the damage of the consignment in a road accident meted to the truck which was carring the consignment. It is also found that the surveyor of the Opp.Party No.2 surveyed the accident and found that the consignment was damaged i.e. glass were damaged, but the surveyor submitted report to Opp.Party No.2 that the quantity of salvaged items is 15%. It is also found that the consignment was covered by the Marine policy which the complainant made with Opp.Party No.2 vide policy No. 53020921120200000003. Therefore opp.party side are liable to pay damages of the complainant for damage of the said consignment of glass. The Opp.Party No.2 by offering Rs.3,80,500/-to the complainant as final settlement of the claim of the complainant admitting the very act of damage of the consignment in the road accident while it was carried by the carrier. Secondly the complainant side is also found to have accepted the offer amount i.e.Rs.3,80,500/- with protest. Now the moot question is that whether the complainant is entitled to entire value of the consignment i.e.Rs.4,77,588/-. After perusing the Exhibit No.3 we have found that total value of consignment including vat and cartage was Rs.4,77,588/-. After perusing the Police Report (Ex.4) it is found that the Officer-in-charge of Kaliabor P.S.has reported that to the consignment of glass was totally broken as a result of the accident the carrying truck had met. Thus, the police report is found to support the claim of the complainant that the consignment of glass was totally damaged in the said accident and the small pieces of the glass salvaged have no market value. Thus, it is established that the consignment of glass was totally damaged in the alleged accident and there is scope of salvaged portions in all the consignment for re-sale or use. In such situation we are of opinion that the complainant is entitled to the total value of consignment which is Rs.4,77,588/-. It is found that the Opp.Party No.2 offered Rs.3,80,500/- against the total claim of the complainant and that was accepted by the complainant with objection and hence the remaining amount i.e. Rs.97,088/- is the entitled amount .The claimant claims Rs.74,920/- as the balance amount of their claim and therefore the complainant is entitled to get Rs.74,920/- from the opp.parties as balance of the value of the damage consignment. They are also entitled to get interest @ 12% per annum from the date of the filing of the claim which is Rs.12,740/-. They are also entitled to get at least Rs.5,000/- as compensation for causing harassment too them by the opp.parties and Rs.5,000/- as cost of the proceeding.
4) Basing on the discussion as above, the complaint is allowed on exparte and the opp.parties are directed to pay the complainant Rs.87,660/- against loss of the consignment (the balance amount of total value), Rs.5,000/- as compensation and Rs.5,000/- as cost of the proceeding, to which they are jointly and severally liable . They are asked to pay the amount within two months and in default the entire amounts will carry an interest @12% per annum to be calculated from this date.
Given under our hands and seal of this forum on this day 21st Jan,2016.
Free copies of judgment be delivered to the parties.
(Md.S.Hussain)
President
(Mr.U.N.Deka)
Member
