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C. VISWANATH, SUBHASH CHANDRA
Tetra Pak India Private Limited – Appellant
Versus
United India Insurance Company Limited – Respondent
ORDER
Subhash Chandra—This complaint has been filed under section 21 of the Consumer Protection Act, 1986 (in short, the ‘Act’) alleging deficiency in service and unfair trade practice seeking compensation along with interest and other costs in respect of the loss caused during transportation by the opposite party of machinery imported by the complainant and covered by insurance obtained from the opposite party.
2. Briefly, the facts of the case are that the complainant, M/s Tetra Pak India Pvt. Ltd, a leading company for food processing and packaging solutions, had obtained a Marine Cargo Open Policy valid from 01.01.2012 to 31.12.2012 from the opposite party for an amount of Rs.9,50,00,00,000/- by paying an annual premium of Rs.57,63,176/- for transport for transportation of goods including machinery and containers from outside and within India by air, sea, rail or road. The complainant had imported an equipment called Accumulator Helix 30 for leasing to Hindustan Coca-Cola Beverages Pvt. Ltd. (HCCBPL) under an Equipment Rental Agreement. For this purpose the equipment was transported from Charleston, South Carplina, USA to Nhava Sheva Port, Mumbai at a cost of Rs.79,90,412.55 as
Additional box loaded - In the absence of any evidence to support the assertion that there was an additional box loaded in the front of the trailer before the transportation of the consignment from P....
Delivery - The fact that delivery itself was not accomplished, and a claim was raised, the issue of applicability of the clause of ‘or 7 days whichever is earlier’ would not apply.
(1) Surveyor – The conclusions drawn by the surveyor to just cast a doubt as indicted above, in the opinion of the Commission, amounts to an adhoc assessment and rather an arbitrary avoidance of taki....
The liability of carriers for damages arises during transportation unless they prove lack of negligence; rights under a subrogation agreement permit maintenance of a complaint by an insurer.
(1) Manufacturer – Since the loss/damage to the drilling machine in question has occurred during transportation, there was no fault on the part of the opposite party No.1/Manufacturer(2) Self Employm....
The Carrier's liability for the loss, damage, or non-delivery of goods entrusted to it is not limited or affected by any public notice unless there is a special contract signed by the owner of the pr....
(1) Claim of Insured not been repudiated rather it has been accepted, as such various grounds raised in written reply/arguments for repudiation of the claim have to be ignored. (2) It is well settled....
(1) Surveyors - Surveyors are appointed by the Insurance Companies and they work strictly as per the directions given and the mandate assigned to them by the Insurance Companies.(2) Independent mind ....
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