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INDER SINGH MEHTA, R. K. VERMA
C. K. Earthmovers Private Limited – Appellant
Versus
Atlas Copco India Limited – Respondent
ORDER
Inder Singh Mehta, President—The complainant has filed the instant complaint seeking directions to the opposite parties to pay damages suffered to the drilling machine to the tune of Rs.48,27,503/- along with interest @ 18% per annum from the date of submission of claim, till its realization, Rs.10.00 lacs for the unfair trade practices and deficiency in service and Rs.3.00 lacs for litigation charges.
Brief facts of Case:
2. Brief facts stated are that the complainant is a Private Limited Company and is engaged in works of mining, cutting works, excavation works and construction of roads.
There are three Directors in the company who are engaged in earning livelihood by way of self employment.
The complainant company entered into an agreement for drilling and allied services with M/s Ambuja Cement Company for a period of 08.08.2017 to 31.07.2018.
The complainant company placed order for purchasing a drilling machine and requisite accessories for a total consideration amount of Rs.1,14,23,890/- to the opposite party No.1/Manufacturer. In pursuance to the purchase order Annexure C-2, the manufacturer M/s Atlas Copco India Limited, 90, MIDC, Satpur, Nashik, Maharashtra (opposite
It cannot be assumed that complainant had submitted false and fabricated documents before insurance company while taking insurance policy.
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.
Insurers are obligated to act fairly in claim assessments, and claims under insurance policies cannot be dismissed solely based on survey reports lacking independence.
(1) Declaration made by Opponent no.1 that insurance policy issued by Opponent no.1 is void-ab-initio is illegal.(2) Only the insurance policy given by Opponent no.1 to complainant will come into exi....
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