been stated by the defendant
that the plaintiff had supplied the defective packaging material to
the defendant and due to this reason, the same could ... repeated reminders from the defendant, the
plaintiff has neither replaced the defective packaging material nor
took it back. It is further stated that the entire
internal packing, cargo sweat but no external water entry and the packaging defects, which 'causes' do not come under cover the policy exclusions
books during transit were not due to transport but due to defective
packaging. The Complainant has not received survey reports in
respect of other ... damage may have occurred
because of loading of the books when the packaging was warm. It
is also not in dispute that the consignments were
raised by defendants was that due
to the sub-standard defective packaging material supplied
by plaintiff, the defendants suffered a loss ... admittedly received by the plaintiff, had informed the
plaintiff qua the defective packaging material and had
requested to take back the same. The plaintiff, however
package of Marlboro cigarettes for inspection.
c) On inspection of the five packages produced by the
petitioner no.2, the complainant detected deficiency/defects ... Inspection of the said Package following findings
were found:-
Description of the Packaged Finding/Deficiency/Defects
Commodity
1. Five (05) nos. of Group Package
affixation of M.R.P / R.S.P on the packages imported is a defect
which is curable one and would not amount to contravention ... price on the packages are
concerned. We find that this defect is curable one and would not
amount to contravention of Standards of Weights
numbers of people who inhale it along with the air; defective or unhealthy packaging may cause damage to all consumers of goods and so also
shall supply to the manufacturer the
different varieties of tea and the packaging material, for
manufacture of the product/s. The manufacturer undertakes to
manufacture ... appellant reserves the
right to replace the defective material and/or packaging material
9
in the event it is satisfied that such defects have
Plaintiff
further contended that the incident has occurred on account of
the defective assembly of the front wheel by defendant ... policy and it
was a package policy, which did not cover the risk on account
of the mechanical defect in the vehicle, whereby, insured could
sent at about 12:36 p.m.
states "Acceptance of Defective gates from M/s.
Delisha Engg.".
4. Taking note of the said correspondence ... dispute was raised only with respect to two Gates
being defective and regarding packaging of the
material supplied to the plaintiff. In total, 73
Gates
