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NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI
A.P. Sahi, President
M/s. Shakambari Polymers
Private Limited – Complainant
versus
Oriental Insurance
Co. Ltd. and Ors. – Opp. Parties
Consumer Case No.1488 of 2018
Decided on 15.11.2023
Consumer Protection Act, 1986 – Section 21(a)(i) – [Consumer Protection Act, 2019 – Section 58(1)(a)(i)] – Services – Insurance – Transit – Repudiation of Claim – proper assessment – On facts, the conclusions drawn by the surveyor to just cast a doubt as indicted, in the opinion of the Commission, amounts to an adhoc assessment and rather an arbitrary avoidance of taking into account the correct status of the evidence. Hence, the said final survey report in the present suffers from infirmities, which cannot be overlooked. The surveyor has qualitatively failed to carry out his responsibility as an assessor after all the evidence was available. The reliance on the surveyor’s report and consequential repudiation is therefore a clear deficiency in service – Thus, repudiation of claim held unjustified – On facts, claim is allowed – Compliant disposed off.
Result: Complaint allowed.
ORDER
The complaint arises out of an insurance claim relating to the damage stated to have caused to the goods that was sustained due to a fall during transit. The claim has been repudiated by the insurance company. Hence this complaint.
2. Certain machinery was imported by the complainant for the purpose of manufacturing plastic bottle caps that were transhipped from Imola, Italy to Chennai. It was to be transported from Chennai to Bengaluru to the complainant’s factory situated at Kasba Hobli, Nelamangala, Bengaluru by road. For the purpose of the aforesaid transportation from Chennai to the factory premises, a Marine Cargo Insurance Policy from the Oriental Insurance Company was taken and the cover note prescribed the risk details where the machine/cargo was to be transported from Chennai to its destination at Bengaluru by road in two conveyances (Lorries). The policy is described as Marine Cargo-Single Voyage (Inland Transit) Policy dated 29.04.2015.
3. There were nine boxes containing different components of the machinery and box No.A-1 contained the Compression Moulding Press Machine.
4. The narration of facts by the complainant are that the transhipment reached the destination but while being unloaded at the gates of the factory on the road to be taken inside the factory, a forklift had been utilised together with two hydra cranes for pulling out the said boxes that were heavy and box no. A-1 was deep inside the container. To enable the forklift to apply the fork arm, a chain was tied to the base of the said box and a belt was put across it to pull it out. This was done in order to lift the box so that the fork arm of the lift reached underneath it.
5. The chain of the belt was hooked to the crane and the forklift was applied for pulling out the box. At the stage when the box was almost out of the container, the crane moved to clear the box horizontally out of the container. During this process, the bottom slippers of the box banged with the container and broke. The bottom plank of the box also snapped resulting in the fall of the machine on the ground.
6. This incident of 04.05.2015 occurred in the morning at 6.00 am and the same was reported to the Senior Divisional Manager of the Insurance Company.
7. The Insurance Company appointed Mr. K. Kanchappa as the spot Surveyor, who inspected the spot and submitted a preliminary survey report on 19.06.2015. The said survey report is extracted hereinunder:—
“Date: 19.06.2015
Preliminary Survey Report
In accordance with the instructions received from M/s. The Oriental Insurance Co Ltd., the survey was conducted at M/s. Shakambari Polymers Pvt. Ltd., Sy No.22/12, Vishweshwarapura Village, Kasaba Hobli, Nelamangala Taluk, Bengaluru to assess the extent of loss suffered by the insured and the details are furnished below:—
Insurer: M/s. The Oriental Insurance Co. Ltd., Divisional Office No.1
Tiwari Enclave, Lalpur Chowk, Ranchi, Jharkhand-834001.
Insured: M/s. Shakambari Polymers Pvt. Ltd... Bengaluru Rural
Sy.No.22/12, Vishweshwarapura Village, Kasaba Hobil,
Nelamangala Taluk, District, Karnataka-562 123.
Policy Particulars: Policy No.332200/21/2016/3.
Consignor: M/s. Sacmi Hong Kong Ltd., Rm. A-B, 16th Floor, Neich Tower, 128, Gloucester Road, Wanchai, Hong Kong.
Consignment Landed at: M/s. Beekeyen Freight Services (P) Ltd., New No.24, Old No. 102, Moore Street, Chennai-600 001.
Consignee: M/s. Shakambari Polymers Pvt. Ltd.
Sy.No.22/12, Vishweshwarapura Village, Kasaba Hobli, Nelamangala Taluk, Bengaluru Rural District. Karnataka-562 123.
Consignment: Said to contain one consignment of one complete Manufacturing line for 1 Piece plastic closures covered by Invoice No.2015101 DT. 18.03.2015 and valued at EUR 6,36,272-00.
Despatch Particulars: From Hong Kong to Chennai by sea vide bill of lading No.7002028714 DT 22.03.2015 and then to Bangalore by Road Vide LR No.603916
DT.02.05.2015 of M/s. Geekeyes Logistics Pvt. Ltd.
Date of Arrival of : Reporte
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