Punjab

Patiala

CC/19/187

The New India Assurance Company - Complainant(s)

Versus

The Kissan Mini Truok Operations Union - Opp.Party(s)

Sh D.P.S Anand

11 Jun 2021

ORDER

District Consumer Disputes Redressal Forum,Patiala
Patiala
 
Complaint Case No. CC/19/187
( Date of Filing : 28 May 2019 )
 
1. The New India Assurance Company
Divisional Office 1 7 Chotti Baradari Patiala
Patiala
Punjab
...........Complainant(s)
Versus
1. The Kissan Mini Truok Operations Union
Ghagga Road Patiala
Patiala
Punjab
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. J. S. Bhinder PRESIDENT
  Sh. V K Ghulati Member
 
PRESENT:
 
Dated : 11 Jun 2021
Final Order / Judgement

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

PATIALA.

 

                                      Consumer Complaint No. 187 of 28.5.2019

                                      Decided on:         11.6.2021

 

  1. The New India Assurance Company, Divisional Office-1, 7 Chhoti Baradari, Patiala through its Sr.Divisional Manager, Patiala.
  2. G.C.Spintex Ltd., Bhawanigarh Road,Samana, District Patiala 147001.

                                                                   …………...Complainants

                                      Versus

The Kissan Mini Truck Operators Union, Ghagga Road, Samana through its President/Secretary, Patiala.

                                                                   …………Opposite Party

                                      Complaint under Section 12 of the

                                      Consumer Protection Act, 1986.

QUORUM

                                      Sh. Jasjit Singh Bhinder, President

                                      Sh.Vinod Kumar Gulati, Member    

ARGUED BY

                                      Sh.D.P.S.Anand, counsel for complainants.

                                      Opposite party ex-parte.                                     

 ORDER

                                      JASJIT SINGH BHINDER,PRESIDENT

  1. This is the complaint filed by New India Assurance Company Patiala through its substituted attorney Sh.Rajinder Mahtama, Divisional Manager, Divisional office No.1, Patiala and another(hereinafter referred to as the complainants) against The Kissan Mini Truck Operators Union(hereinafter referred to as the OP/s).
  2. The brief facts of the case  are that complainant No.1 i.e. New India Assurance Company issued Marine Cargo Annual Turn Over policy bearing No.36140121180500000001 dated 2.4.2018 valid upto 1.4.2019 for a sum of Rs.100,00,00,000/- on cotton yarn in boards\cartons in favour of complainant No.2  covering all risks of yarn mentioned in the policy in question. The journey of the goods  was from Samana to anywhere in India via rail/road.
  3. It is averred that on 23.9.2018 complainant No.2 i.e. M/s G.C.Spintex Ltd. sent consignment of cotton yarn to Satyam yarns Panipat through the OP by vehicle bearing No.PB-11-CN-3098 who issued  GR No.2984 dated 23.9.2018 and charged a sum of Rs.7550/- as freight for carrying 7500 Kg of cotton yarn to be delivered at the committed destination. It is further averred that after loading the material from complainant No.2, the truck in question overturned near Cheeka due to the negligence of the driver as a result of which the material loaded in the truck was damaged. On receipt of intimation of loss, complainant No.1 immediately deputed Sh.Lovleen S Sarser approved IRDA surveyor and loss assessor, Patiala for spot survey who submitted his report dated 20.10.2018 and Sh.Deepak Malhotra, CA, surveyor and loss Assessor, Patiala to assess the loss, who in his report dated 18.11.2018 assessed the loss to the tune of Rs.1,19,025/-. Both the surveyors also charged Rs.9266/- and Rs.1556/- as their fee which complainant No.1 paid to them. It is further averred that complainant no.1  settled the said claim under the terms and conditions of the policy and a sum of Rs.1,15,000/- was paid to the insured i.e. complainant No.2 on 31.1.2019.The complainant no.1 also paid Rs.1170/- and Rs.9266/- as fee of both the surveyors vide vouchers dated 30.1.2019. It is further averred that the insured firm has executed a letter of subrogation dated 25.1.2019 and power of attorney of even date in favour  of complainant no.1 for recovering the damages from the OP.As such complainant no.1 is entitled to recover Rs.1,15,000/-, the amount paid to the insured plus Rs.9266/- and Rs.1170/- paid to the surveyors alongwith interest @ 12% per annum from 31.1.2019 till realization plus costs of Rs.11000/- as litigation expenses. Hence this complaint.
  4. Notice of the complaint was duly issued to the OP and sent through registered post but the OP failed to come present and was accordingly proceeded against exparte vide order dated 31.7.2019.
  5. In support of the complaint, the ld. counsel for complainant No.1 has tendered in evidence Ex.CA affidavit of Sh.Rajinder Singh Mahatam, Sr.Divisional Manager alongwith documents Exs.C1 to C13 and closed the evidence.
  6. We have heard the ld. counsel for the complainant and have also gone through the record of the case  carefully.
  7. The ld. counsel for the complainant no.1 has argued that it issued Marine Cargo Annual turn Over policy to complainant No.2, who sent cotton yarn from its factory at Samana through the vehicle of OP, to be delivered at Panipat but unfortunately the truck in question overturned as a result of which the material loaded in the truck was damaged loss of Rs.1,19025/-was occurred. The ld. counsel further argued that OP No.1 settled the claim @ Rs.1,15,000/- with complainant no.2 and also paid Rs.9266/- and Rs.1170/- as surveyor fee for assessing the loss. In support of the case, the ld. counsel for the complainants has also placed reliance upon the citations New India Assurance Co. Ltd. and others Vs. Industrial Transport Organization 2019(1)CLT 515 and  Economic Transport Organization Vs. Charan Spinning Mills (P) Ltd. and another 2010 ACJ 2288 and has prayed that  complaint be allowed.
  8. To prove the complaint Sh.Rajinder Singh Mahatam, Sr.Divisional Manager as tendered his affidavit,Ex.CA and has deposed as per the complaint, Ex.C1 and Ex.C2 are the power of attorney/ letter of subrogation whereby an amount of Rs.1,15,000/- was received by the authorized representatives of complainant No.2 with regard to the loss, Ex.C3 is the letter written by complainant No.2 to complainant No.1 with regard to information regarding loss , Ex.C5 is the noting by the cashier of The Kissan Mini Truck Operators Union, Samana in which it is mentioned that vehicle No.PB 11CN 3098 was sent from Samana to Panipat after loading 150 bags of yarn from the factory of complainant No.2 but the vehicle turned over and the material was damaged.Ex.C6 is the spot survey report dated 20.10.2018, in which the cause of accident has been mentioned that a stray animal came in front of truck loaded with cotton yarn and the driver steered towards right side but it went out of control and overturned on its right side.Ex.C7 is the receipt of OP No.1 having received Rs.7550/- as freight from G.C.Spintex Ltd., on 23.9.2018, Ex.C8 is the tax invoice of G.C.Spintex Ltd.Ex.C9 is the surveyor report of Deepak Malhotra dated 18.11.2018, having assessed the loss to the tune of Rs.1,19,025/-,Ex.C10 is the professional survey fee bill of Rs.10,365/-Ex.C11 is the payment voucher  dated 31.1.2019  of Rs.1,15,000/- made to G. C. Spintex Ltd.Ex.C12 and Ex.C13 are also payment vouchers.
  9. So from the documents it is proved that the material was loaded from the factory of complainant No.1 in the truck of OP No.1 which unfortunately met with an accident as a result of which loss occurred and the payment was made by complainant No.1 to complainant No.2.
  10. The arguments addressed by the ld. counsel of complainant no.1 and the documents placed on record have been remained untroverted and unrebutted as the OP did not come present  to contest the case despite having sent the notice through registered post and has  chosen to remain absent. So the act and conduct of the OP shows guilty of deficiency in service on its part and is liable to pay the loss suffered by the complainant.
  11. So the complaint is partly allowed and OP is directed to pay the amount of Rs.1,15,000/- to complainant No.1 alongwith interest @6% per annum from 31.1.2019 till its realization.  No order as to costs.
  12. Compliance of the order be made by the OP within a period of 45 days from the date of the receipt of the certified copy of this order.

ANNOUNCED

DATED:11.6.2021       

 

                                         Vinod Kumar Gulati           Jasjit Singh Bhinder

                                               Member                                     President

 

 

 

 

 

 

 

 

 

 

 
 
[HON'BLE MR. J. S. Bhinder]
PRESIDENT
 
 
[ Sh. V K Ghulati]
Member
 

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