. C E OR & VICE CHAIRMAN, GUJARAT MARITIME BOARD vs SHRI HAJI DAUD HAJI HARUN ABUAND TWO OTHERS. Supreme Court, 20-11-1996

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PETITIONER:
C E OR & VICE CHAIRMAN, GUJARAT MARITIME BOARD
Vs.
RESPONDENT:
SHRI HAJI DAUD HAJI HARUN ABUAND TWO OTHERS
DATE OF JUDGMENT: 20/11/1996
BENCH:
B.P. JEEVAN REDDY, K.S. PARIPOORNAN
ACT:
HEADNOTE:
JUDGMENT:
J U D G M E N T
B.P. JEEVAN REDDY. J.
This appeal is perferred by the Gujarat Maritime Board
against the order dated 14th June, 1996 passed by the
National Consumer Dispute Redressal Commission rejecting the
objections filed by the appellant.
The appellant and provided finance to one Shri Ramesh
Chandra Gordhandas Faldu for purchasing a vessel, ’Chandra
Vasa’. The amount of loan provided was Rs. 11,25,000/. The
vessel was mortgaged in favour of the appellant (as a
successor to the Director of Ports, Government of Gujarat).
In the year 1982, Ramesh Chandra sold the said vessel to the
first respondent Shri Haji Daud Haji Haran Abu, for a sum of
Rs. 3,00,000/-.
In June 1987 the said vessel, on its voyage form Dubai
to Bombay, was caught in a hurricane and sank at sea. The
vessel was insured with the United India Insurance Company
Limited, the third respondent in this appeal. When Haji Daud
laid a claim for the insurance amount, the insurance company
refused to pay the amount to him on the ground that he has
no insurable interest in the vessel, whereupon Haji Abu laid
a complaint before the National Consumer Commission. The
Commission recorded the following findings in its order
dated 12th January, 1995:
"Though the complainant claims to
have paid the consideration of Rs.
3 lakhs in full, he was unable to
produce the stamped receipt in
token of having paid the balance
consideration of Rs. 2 lakhs to the
owner of the vessel was registered
with the Gujarat Maritime Board,
Gujarat. According to the Maritime
Board, the purchaser Shri Haji
Haroon Abu was only an
administrator of the vessel but not
the owner of the vessel.
The insured had paid the amount of
consideration of Rs. 3 lakhs in
full: Rs. 1 lakhs as earnest money

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