B.K. Taimni, Member — Appellant was the complainant before the State Commission where the Insurance Company alongwith the consigner of goods had filed a complaint against the respondent Northern Carriers Pvt. Ltd., alleging deficiency in service.

2. Basic facts are not in dispute that the second Appellant M/s. Punjab Tractors Ltd. booked a consignment of electric goods from Jalandhar for being carried to Bombay vide GR dated 25.2.95. This consignment was also got insured with the first Appellant. This consignment was damaged in a fire accident while in the godown of the Respondent Northern Carriers Pvt. Ltd., at Bhiwandi. The second Appellant/Complainant took up the matter with the first Appellant

Insurer as also with the respondent Northern Carriers Pvt. Ltd. while the Insurance Company appointed a surveyor and after following due process settled the claim by paying Rs. 14,68,110/- to the second Appellant M/s. Punjab Tractors Ltd. after obtaining a ‘Letter of Subrogation’ ‘Assignment’ and ‘General Power of Attorney’, but there was no satisfactory reply for settlement of claim by the respondent. It is in these circumstances that a complaint was filed by the Appellants before th