State Consumer Disputes Redressal Commission
M/S.Agarwal Stone Overseas vs New India Assurance Co. on 27 May, 2011
BEFORE THE CONSUMER DISPUTES REDRESSAL COMMISSION, RAJASTHAN, JAIPUR APPEAL NO: 1199/2010 M/s. Agarwal Stone Overseas, B-73 Road No.1 VKI Area, Jaipur through Partner Vs. The New India Assurance Co. Ltd., Division Office Ist,Anand Bhawan,SC Road, Jaipur through Divisional Manager & ors. 27.5.2011 Before: Mr.Justice Ashok Parihar- President Mr.G.S. Hora- Member
Mr.D.M.Mathur counsel for the appellant Mr.Vizzy Agarwal counsel for the respondents BY THE STATE COMMISSION The appellant sent a container carrying slabs of marble and granite from Jaipur which was to be delivered to the warehouse of M/s. Centrestone Granite & Marble INC, Ontario. It has been alleged that before the container could be handed over at the warehouse of the above consignee, the container was stolen by some unknown persons as such the appellant as per the Marine Insurance Policy was entitled for claim the loss occurred due to theft. The claim was repudiated by the Insurance Company 2 contending that the consignment had already been delivered to the consignee and it was only after delivery of the consignment, the theft took place ten days after receipt of the consignment as such the Insurance Company was not liable to pay any compensation. On the basis of pleadings of the parties and documents placed on record, the District Forum dismissed the claim of the appellant vide impugned order dated 17.5.2010.
The learned counsel for the appellant has submitted that till the consignment is actually received by the consignee, the Insurance Company is liable to pay the damages as per the Marine Insurance Policy. It has also been submitted that the receipt submitted by the Insurance Company appears to be a fake receipt to prove actual receipt of the consignment by the warehouse of the consignee.
We have heard the learned counsel for the parties and perused the material on record.
There cannot be any dispute that Straight Transport INC. was the official transporter of the consignee. As per the survey report submitted by the official surveyor at Ontario, Canada the consignment had duly been received on 24.11.04. However, since the warehouse of the M/s. Centrestone Granite and Marble INC was not having enough space for the consignment, the trailer alongwith the container were parked on the road outside the warehouse. It was only on 4.12.04 both container as well as trailer were found stolen. It has clearly been observed by the surveyor that the warehouse of the consignee was unable to handle the consignment due to lack of proper space in the warehouse. There is nothing on record or explanation to rebut the allegation that the 3 consignee had received the consignment. The appellant has not been able to dispute or challenge the report made by the surveyor. There is also no letter of the consignee on record to rebut the facts mentioned by the suveyor.
Having considered the entire facts and circumstances, we find no error or illegality in the impugned order passed by the District Forum so as to call for any further interference. The appeal is dismissed accordingly as having no merits.
Member President nm