Punjab

Sangrur

CC/473/2015

M/S Sangrur Agro Ltd. - Complainant(s)

Versus

UIIC Ltd. - Opp.Party(s)

Shri Yogesh Gupta

24 Feb 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR.

 

                                                               

                                                Complaint No.  473

                                                Instituted on:    11.06.2015

                                                Decided on:       24.02.2016

 

M/s. Sangrur Agro Ltd. Sangrur, Tehsil and District Sangrur (Punjab) through its authorized signatory Ram Kumar Sharma.

                                                        …Complainant

                                Versus

1.     United India Insurance Company Limited through its Divisional Manager, Sangrur.

2.     Branch Manager, United India Insurance Company Limited, NRG Complex, 1^st Floor, City Road, Sunam.

3.     Branch Manager, United India Insurance Company Limited, Gandhi Dham  (Gujarat).

                                                        ..Opposite parties

 

 

For the complainant  :       Shri Yogesh Gupta, Adv.

For OPs                    :       Shri Ashish Garg, Adv.

 

Quorum:   Sukhpal Singh Gill, President

                K.C.Sharma, Member

                Sarita Garg, Member

 

 

 

Order by : K.C.Sharma, Member.

 

1.             M/s. Sangrur Agro Limited through its authorised signatory Shri Ram Kumar Sharma, complainant (referred to as complainant in short) has preferred the present complaint against the opposite parties (referred to as OPs in short) on the ground that the complainant obtained the services of the Ops by obtaining a policy bearing number 111702/21/11/02/00000005 dated 8.8.2011. It is further averred that the tanker bearing registration number GJ-12-Z-4729 vide GR number 767 dated 8.11.2011 was carrying 23.960 MT crude palm oil from Kandla port to the factory premises of the complainant, which met with an accident on 08.11.2011 during its transportation. As such the matter was informed to the concerned branch of the OPs at Gandhidham, accordingly, he  appointed M/s. Universal Surveyors to assess the loss, who made the assessment of loss to the tune of Rs.8,25,787/-. It is further averred that the complainant also intimated the OP at Sunam vide registered letter dated 9.11.2011 and also submitted the documents to the OPs, but the claim was not settled.  It is further averred that the complainant requested number of times to the officials of the Ops to pay the claim, but nothing was paid.  It is further averred that registered letter dated 16.9.2014 was again sent to the Branch Manager of the company at Sunam, who returned all the documents vide letter dated 25.9.2014 on the ground that no claim has been lodged till date, as such, the complainant has prayed that the OPs be directed to pay to the complainant an amount of Rs.8,25,787/- along with interest @ 12% per annum w.e.f. 1.1.2012 till realisation and further claimed compensation and litigation expenses.

 

2.             In reply filed by the OPs, it is admitted that the OPs issued a marine cargo open policy in favour of the complainant for the period from 8.8.2011 to 7.8.2012. The sum insured was Rs.49,99,98,000/- only and limit for transit was Rs.25,00,000/- only and the policy as well as terms and conditions were duly supplied to the complainant.  It is further stated that as per the records of the OP number 2, the complainant did not inform the OP about the loss of crude palm oil in an accident dated 8.11.2011 as alleged by the complainant. It is further stated that no intimation was ever received by the policy issuing office, then the question of appointing the surveyor does not arise at all. It is further stated that the OP number 1 rightly and legally returned all the papers to the complainant vide letter dated 25.9.2014 as the said office did not receive any intimation from the complainant. However, any deficiency in service on the part of the OPs has been denied.

 

3.             The learned counsel for the complainant has produced Ex.C-1 and Ex.C-2 copies of letters, Ex.C-3 to Ex.C-6 postal receipts, Ex.C-7 copy of letter, Ex.C-8 copy of letter dated 9.11.2011, Ex.C-9 postal receipt, Ex.C-10 copy of letter, Ex.C-11 to Ex.C-13 copies of letters and postal receipts, Ex.C-14 copy of certificate, Ex.C-15 copy of letter, Ex.C-16 copy of report, Ex.C-17 and Ex.C-18 copies of letters, Ex.C-19 copy of claim form, Ex.C-20 copy of letter, Ex.C-21 to Ex.C-25 copies of invoices, Ex.C-26 copy of survey report, Ex.C-27 copy of letter, Ex.C-28 copy of report, Ex.C-29 copy of gate pass, Ex.C-30 copy of FIR, Ex.C-31 to Ex.C-32 copies of slips, Ex.C-33 copy of form, Ex.C-34 copy of letter, Ex.C-35 copy of statement, Ex.C-36 copy of photographs, Ex.C-37 copy of legal notice, Ex.C-38 to Ex.C-40 postal receipts, Ex.C-41 affidavit, Ex.C-42 copy of insurance policy and closed evidence.

 

4.             We have very carefully perused the complaint, version of the opposite parties, evidence produced on the file and written submissions and also heard the arguments of the learned counsel for the parties. In our opinion, the complaint merits acceptance, for these reasons.

 

5.             It is not in dispute between the parties that the complainant had obtained the marine cargo open policy in question from the OP number 2. 

 

6.             The first objection of the OPS in their written reply is that the complainant did not lodge any claim with the OPs regarding the loss of crude palm oil in an accident of that tanker bearing registration number GJ-12-Z-4729 dated 8.11.2011, as such it is contended that the complainant is not entitled to get any claim allegedly occurred in an accident on 8.11.2011 vide tanker number GJ-12-Z-4729.  On the other hand, the learned counsel for the complainant has contended vehemently that the complainant immediately lodged the claim with the OP number 3 vide letter dated 9.11.2011, a copy of which on record is Ex.C-34, which clearly depicts the rubber stamp of OP number 3 "9 Nov 2011 INWARD" and further it contains a writing of the OP number 3, which shows that the OP number 3 has deputed Universal Surveyors on 09.11.2011 at 11.26 AM to assess the loss.   We have also perused another letter dated 9.11.2011, a copy of which on record is Ex.C-8 and postal receipt Ex.C-9 which shows that the complainant also intimated regarding accident of tanker in question to the insurer i.e. OP number 2, wherein it has been clearly mentioned that Gandhidham office of the OP has already appointed surveyor and spot survey has already been conducted by the surveyor appointed by OP number 3.  In the circumstances, we feel that the complainant has produced sufficient evidence on record to show that he had lodged the claim immediately with the OP number 1 as well as OP number 3.  Further we have perused the copy of letter dated 16.4.2012 sent by the complainant to the Tyagi Cargo Movers, Ex.C-11, from where it is also evident that the tanker bearing registration number GJ-12-Z-4729 met with an accident on 8.11.2011. Ex.C-14 the is the shortage certificate issued by M/s. Gyagi Cargo Movers, wherein it has been clearly mentioned that during the accident the tanker in question suffered a loss of 17.0 MT of crude palm oil.  Ex.C-17  is the copy of letter dated 29.11.2012 whereby the complainant submitted the documents to the OP number 2 regarding the loss of crude palm oil in an accident of tanker bearing registration number GJ-12-Z-4729.  Ex.C-19 is the copy of marine claim form. 

 

7.             The complainant has also produced on record Ex.C-26, the copy of survey report dated 18th April, 2012 issued by M/s. Universal Surveyors, wherein in the starting of the report it has been mentioned that "this is to certify that we, the undersigned Marine and Cargo Surveyors, on instructions from the United India Insurance Co. Ltd. Gandhidham, attended at the site of reported accident of a tanker lorry number GJ-12-A-4729 near Adesar (Gujarat) (1 Km from Adesar Police Check Post and about 135 Km away from Gandhidham) on 9th November, 2011."  In the conclusion by the surveyor, it has been mentioned that the loss is determined due to sudden accident of the carrying tank lorry number GJ-12-Z-4730 near police check post, Adesar (Gujarat) on NH-08 (about 135 KMs from Gandhidham) on 9th November, 2011. Resulted, crude palm oil speedily leaking out from manholes and other entrances.  Since it is proved on record that the claim has been lodged with the Ops and the surveyor was appointed, who submitted his report, wherein he settled the net payable amount to the tune of Rs.8,25,787/-.  It is further worth mentioning here that the OP number 3 has not produced on record any affidavit of the concerned branch manager that the complainant never lodged any claim with him on 8.11.2011 regarding the accident of tanker bearing registration number GJ-12-Z-4729.  Under the circumstances, we feel that the OPs are itself deficient in service by not settling the rightful claim of the complainant for such a long period.  As such, we are of the considered opinion that the complainant is entitled to get an amount of Rs.8,25,787/- on account of loss suffered by him due to accident of the tanker in question.

8.             In view of our above discussion and keeping in view the facts mentioned above, we find that the Ops are deficient in service as such, we allow the complaint of the complainant and direct the Ops to pay to the complainant a sum of Rs.8,25,787/- being the loss of goods and further direct the Ops to pay to the complainant a sum of Rs.20,000/- being the consolidated amount of compensation and litigation expenses.

 

9.             This order of ours shall be complied with by the OPs  within a period of thirty days of  receipt of a copy of this order. A copy of the order be issued to the parties free of cost. File be consigned to records.  

                Pronounced.

                February 24, 2016.

                                                        (Sukhpal Singh Gill)

                                                           President

 

 

                                                              (K.C.Sharma)

                                                                Member

 

 

                                       

                                                                (Sarita Garg)

                                                                    Member