Date of Filing : 20.04.2011 Date of Disposal : 01.10.2024 BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BENGALURU (PRINCIPAL BENCH)

DATED THIS THE 01st DAY OF OCTOBER 2024 PRESENT Mr. K.B.SANGANNANAVAR : JUDICIAL MEMBER Mrs M.DIVYASHREE : LADY MEMBER CC-NO.82/2011 The Manipal Technologies Ltd., Manipal Centre, Dickenson Road, Bengaluru-42.

Rep. by its Sr.General Manager . ..Complainant/s (By Adv.Sri.T.N.Raghupathy)

VS

1.

Bajaj Allianz General Insurance Co.Ltd., GE Plaza, Airport Road, Yerwada, Pune-411006.

Rep. by its Manager ... Opposite party/s (By Adv.Sri.A.N.Krishna Swamy)

ORDER

BY Mr.K.B.SANGANNANAVAR : Pri.Dist & Session Judge (R) - JUDICIAL MEMBER.

1. This is a complaint filed U/s.12 of CPA 1986 to direct OP to pay a sum of Rs.52,74,341/- in respect of the value of the consignment expenses together with cost and current interest at 12% p.a. from the date of refusal to honour the claim till the date of repayment.

2. The brief facts of the case of the Complainant are:

The Complainant and Sirrocco-Parkstone International Ltd., England and Wins Holland Konigbeltweg, Netherlands had entered into an agreement on 04.06.2009. As per the agreement, the Complainant had consigned the books ordered by these two companies to the destination as specified by them. The Complainant had insured the consigned goods by way of Marine Insurance Open Cover Policy covering transit. All risks with Bajaj Allianz General insurance company Ltd., under policy no.04-10- 1709-1056-0006-01 from 01.06.2009 to 31.05.2010. The Complainant had sent 15 shipments in respect of the Marine Transit Export Policy under „All Risk Insurance.‟ The OP has rejected three claims in respect of Invoice nos.MPL/EXP/138/09- 10, MPL/EXP/151/09-10 and MPL/EXP/152/09-10. The OP has not settled these three invoices without assigning any reasons. The surveyor has in one of the claims, observed damage may have occurred because of loading of the books when the packaging was warm. It is also not disputed that the consignments were placed in moist conditions. This is clear by the fact that in respect of 15 consignments, the Complainant has registered only six transit claims. The remaining nine consignments have reached the consignee and there have been no complaints. All these consignments have the same type of packing. The insurance is an „All Risk Cover.‟ The details of invoices raised are MPL/EXP/127/09-10, MPL/EXP/138/09-10, MPL/EXP/150/09- 10. These are three consignments shipped to Wins-Holland, Sirrocco Parkstone International ltd., and Nigensha Publishing Co., Ltd., The next three consignments would be Invoice nos.MPL/EXP/151/09-10, MPL/EXP/143/09-10, MPL/EXP/152/ 09-10 shipped to Trak Pen Estomia, New York, Ingram, Lynn Denny and Mlada Fronta-Czech Republic. The consignee did not honour the invoices alleging that the books sent to them were damaged during transport. The Complainant raised claims before the OP as the goods were allegedly damaged during transit. The Complainant was informed that the OP appears to have got surveyed the damaged books. The survey reports in respect of MPL/EXP/143/09-10, MPL/EXP/150/09-10, MPL/EXP/138/09- 10 and MPL/EXP/151/09-10 damages could not be compensated since Complainant is expected to follow the packing condition as per terms & conditions of the policy. The damages caused to the books during transit were not due to transport but due to defective packaging. The Complainant has not received survey reports in respect of other two invoices and has received survey report in respect of three invoice nos.127, 143 & 150. The OP has failed in its duty in not making payment under invoice nos.127, 143 & 150 as the surveyor has not sent any report regarding damages. The OP has committed deficiency in service in as much as insurance cover is obtained to protect the interest of the insured during situations where the consignment is rejected by the consignee on unreasonable grounds and also damages due to act of god. The Marine open cov