First Appeal No. 540/2004. Case: The Oriental Insurance Company Limited Vs Kissan Enterprises and Ors.. Uttaranchal State Consumer Disputes Redressal Commission

Case NumberFirst Appeal No. 540/2004
CounselFor Appellant: M.K. Kohli, Learned Counsel and For Respondents: Ankit Lamba, Learned Counsel
JudgesB.S. Verma, J. (President), D.K. Tyagi, H.J.S. and Veena Sharma, Members
IssueConsumer Protection Act, 1986 - Section 15
Judgement DateJanuary 06, 2017
CourtUttaranchal State Consumer Disputes Redressal Commission

Order:

B.S. Verma, J. (President)

1. This appeal under Section 15 of the Consumer Protection Act, 1986 is directed against the order dated 12.10.2004 passed by the District Forum, Udham Singh Nagar in consumer complaint No. 107 of 1995.

2. Briefly stated the facts giving rise to the appeal are that the complainant is running the business under the name and style of M/s. Kissan Enterprises. On 31.10.1994, the complainant had booked 360 bags of wheat with New Satluj Goods Carrier - opposite party No. 1 (transporter) for transportation to Guwahati, Assam. The said transporter had loaded 180 bags of wheat each in two trucks bearing registration No. DLIG-6703 and DIG-442, for which G.R. Nos. 000692 and 000693 were issued by the transporter. The cost of the consignment was Rs. 1,49,126/-. The complainant had obtained a Marine Insurance Policy from the appellant - The Oriental Insurance Company Limited. Since the goods did not reach the destination place and hence the complainant contacted the transporter and an FIR was lodged by the complainant against the proprietor of the transporter firm on 15.11.1994. The intimation with regard to the missing of the goods was given to the insurance company and claim was lodged. However, the insurance company did not settle the claim lodged by the complainant. Therefore, the complainant filed a consumer complaint before the District Forum, Udham Singh Nagar.

3. The transporter did not appear before the District Forum and the consumer complaint proceeded ex-parte against the transporter. The appellant - insurance company filed written statement before the District Forum and pleaded that the complainant did not co-operate with the surveyor and did not submit the required documents; that the vehicles in which the goods were loaded, were having fake registration numbers; that it is a case of forgery and cheating on the part of the transporter; that under the policy in question, the insurance company is liable to indemnify only the accidental loss caused to the insured during transit of the goods and that there is no deficiency in service on their part.

4. The District Forum after perusal of the evidence on record allowed the consumer complaint vide impugned order dated 12.10.2004 and directed the appellant to pay compensation of Rs. 1,43,126/- to the respondent No. 1 - complainant together with interest @9% p.a. from 12.05.1995, the date of filing of the consumer complaint till payment and Rs. 1,000/- towards...

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