State Consumer Disputes Redressal Commission
M/S.B.J. Jain & Sons vs The Oriental Insurance Co. Ltd. on 10 January, 2014
BEFORE THE HON'BLE STATE CONSUMER DISPUTES REDRESSAL
BEFORE THE HON'BLE STATE CONSUMER DISPUTES
REDRESSAL
COMMISSION, MAHARASHTRA,
MUMBAI
Complaint Case No. CC/99/411
1. M/s.B.J. Jain
& Sons
267/299 Gurukrupa Building,
Mumbadevi Road, Opposite
Mumbadevi Temple,
Ground floor,
Mumbai-400 002.
...........Complainant(s)
Versus
1. The Oriental
Insurance Co. Ltd.
Office No.8
Maker Bhavan No.1
New Marine Lines,
Mumbai-400 021.
............Opponent(s)
BEFORE:
HON'ABLE MRS. Usha
S.Thakare PRESIDING MEMBER
HON'ABLE MR. Narendra
Kawde MEMBER
PRESENT:
None present for the
complainant.
Mr.S.R. Singh, Advocate for opponent.
ORDER
Per Shri Narendra Kawde, Honble Member Complainant is a venture dealing in business of jewellers and filed this consumer complaint alleging deficiency of service against the opponent/Oriental Insurance Company Ltd. for not settling the claim payable under the Insurance Policy for loss of silver due to robbery which was destined to be sent through courier. The complainant preferred this consumer complaint claiming amount of `6,77,395/-
as compensation with ancillary relief of `1 Lakh for loss of reputation, `5,000/-
for expenses incurred, `10,000/-
for mental torture and `25,000/-
as cost of litigation.
2. The short issue involved in this case is as to whether courier whose services were availed by the complainant for dispatch of silver are Angadia or not as the Insurance Policy availed by the complainant covers transit insurance for transport of silver through Angadia for sum assured of `10 Lakhs.
3. Opponent/Insurance Company vehemently opposed the consumer complaint by filing written version. The main ground as stated in the written version is that M/s.Sainath Courier Services, whose services were availed by the complainant for dispatch of silver from Mumbai to Kolhapur is not covered under the definition of Angadia. The silver in transit was robbed at the office of courier i.e. M/s.Sainath Courier Services while being transported to M/s.Ghadge-Patil Transport Company to whom the goods were to be entrusted for carriage. According to the opponent/Insurance Company, Angadia means a reliable carrier as defined in the Oxford Dictionary, Current English VIIIth Edition and they have tried to justify the repudiation of the claim on account of loss due to robbery of the silver in transit. Aggrieved with the repudiation, present complaint has been filed by the complainant.
4. We heard Learned Advocate Mr.S.R. Singh for the opponent/Insurance Company as Learned Advocate for the complainant Mr.H.H. Trivedi or the complainant were not present at the time of final hearing. The case pertains to year 1999 which was taken on Board for hearing and disposal from the sine-die list. Therefore, we prefer to proceed to hear the arguments of the opponent on merit for disposal of the case.
5. There is no dispute about booking of services of M/s.Sainath Courier Services for dispatch of silver by the complainant which was to be transported from Mumbai to Kolhapur, by passenger bus of M/s.Ghadge-Patil Transport Company.
Immediately after collection of parcel of the goods which was being taken from the office of M/s.Sainath Courier Services for further transport, robbers intervened and robbed the parcel of silver valuing to `6,77,395/-. Police complaint was lodged and F.I.R. was recorded of the incident. On intimation to the opponent/Insurance Company, Surveyor was appointed to carry out the assessment of loss.
However, Survey Report is not available on record as allegedly it was not given to the complainant.
Opponent/Insurance Company also failed to submit Survey Report.
6. The complainant filed Miscellaneous Application for condonation of delay.
However, there appears to be no order on condonation of delay. On perusal of the record, we find that the opponent/Insurance Company repudiated the claim under the Insurance Policy by letter dated 10/06/1998 and present consumer complaint has been filed in the year 1999. Therefore, delay condonation application filed by the complainant is misconceived as the complaint has been filed within two years from the date of repudiation of the claim. Hence, complaint is well within time.
7. Opponent/Insurance Company relied on Oxford Dictionary meaning for definition of Angadia. Mode of transport by Angadia under the Insurance Policy is covered for sum assured of `10 Lakhs. The incident of theft occurred during validity period of Insurance Policy which is not denied by the opponent/Insurance Company. Opponent/Insurance Company relied on judgement of the Apex Court in the case of Polymat India (P) Ltd.
& Anr. V/s. National Insurance Co. Ltd. & Ors. 2005) 9 SCC-174 for interpretation of policy condition.
As held by the Honble Apex Court, it is the duty of the Court to interpret the document of contract as was understood between the parties. The terms of the contract have to be construed strictly without altering the nature of contract and different interpretation cannot be given. Another judgement of the Apex Court in the case of Vikram Greentech ( India) Ltd. & Anr. V/s. New India Assurance Co. Ltd., (2009)5 SCC 599, relied by opponent/Insurance Company is about same issue of interpretation and construction of contract of insurance policy. What we observe is that the policy terms and conditions do not define the mode of transport called Angadia. Opponent/Insurance Company rightly relied on these rulings of the Honble Apex Court for construction and interpretation of terms of the contract. However, in absence of definition of Angadia in the policy terms and conditions, M/s.Sainath Courier Services through whom silver parcel was transported cannot be termed as Non-Courier. Angadia is one of the modes of transport of goods. It is argued by Learned Advocate Mr.Singh for the opponent that Angadia means a reliable courier through whom the goods are carried and dispatched to the destination. However, it is not clear nor made out to be that M/s.Sainath Courier Services through whom the consignment of silver was booked for carrying to the destination was being dispatched through reliable person or otherwise. Even if it is presumed that consignment was to be dispatched through M/s.Ghatge-Patil Transport Company via M/s.Sainath Courier Services, it is not on record whether a dependable person (carrier) was going to accompany the consignment or not. However, prior to reaching consignment to the transporter-M/s.Ghatge-Patil Transport Company, robbers immediately in the midway (near office of Courier) taken away the consignment. Therefore, we are not in agreement with Learned Advocate Mr.Singh that M/s.Sainath Courier Services were not Angadia.
8. Admittedly, the Insurance Policy issued by the opponent/Insurance Company extends insurance cover of `10 Lakhs for loss of consignment in transit. In the case on hand, it is the pleading of the complainant that consignment worth `6,77,395/- was lost due to robbery. In absence of Survey Report though carried out, we are inclined to accept the pleadings of the complainant supported by affidavit about loss which can be compensated under the Insurance Policy without stretching too far about definition of word Angadia not defined within policy. We hold accordingly and pass the following order :-
-: ORDER :-
1.
Complaint is partly allowed.
2. Opponent/Insurance Company is directed to pay `6,77,395/- to the complainant with interest @ 6% p.a. from the date of filing of consumer complaint within forty-five days from the date of receipt of this order.
3. No order as to costs.
4. Rest of the prayers of the complaint stand rejected as not specifically admitted.
5. Copies of the order be furnished to the parties.
Pronounced Dated 10th January 2014.
[HON'ABLE MRS. Usha S.Thakare] PRESIDING MEMBER [HON'ABLE MR. Narendra Kawde] MEMBER dd.