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S.A.KADER, R.N.MANICKAM, RAMANI MATHURANAYAGAM
K. M. PONNAPPAN – Appellant
Versus
NEW INDIA ASSURANCE CO. LTD. – Respondent


Counsel for the Parties :
For the Complainants :Tr. F.B. Benjamin George, Advocate.
For the Opp. Parties :Tr. K.S. Narasimhan, Tr. R. Sivaprakasam, Tr. V. Aravamudan & Tr. R.G. Rajan, Advocates.

ORDER

Mr. Justice S.A. Kader, President—This is a complaint under Section 17 read with Section 12 of the Consumer Protection Act.

2. The complainants are carrying on business in timber. They purchased 102 pieces of logs of timbers from the second opposite party M/s Andaman and Nicobar Islands Forests and Plantation Development Corporation Limited under Invoice No. T/91-92/10 dated 12.7.91 for a sum of Rs. 3,12,565.10. The said consignment was entrusted to the third opposite party carrier at Port Mayabunder on 11.7.91 to be transported and delivered at Madras to the complainant under a clean bill of lading dated 19.7.91. The consignment was insured with the opposite party under Marine Policy (Cargo) dated 11.7.91 for a sum of Rs. 15,12,500/-. The consignment was carried in M.V. Diglipur and discharged at the Port of Madras on 30.7.91. The complainant cleared the consignment through their agent but out of 102 pieces of timber, only 82 pieces were delivered resulting in a shortage of 20 logs of Timber. The value of the short delivered timber logs of Rs. 1,38,865.30. The 4th opposite party Port Trust of Madras confirmed the short delivery by its certificate dated 26.10.91. The complainan
























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