Details DD MM YY Date of Judgment 05 01 2022 Date of filling 28 10 2014 Duration 08 02 07 IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, GUJARAT STATE AT AHMEDABAD.

Court-2 COMPLAINT NO. 239 OF 2014 M/s. Ravi Plant biotechnologies Ltd.

Through its Authorised Signatory Mr. Bhavesh Patel Survey Number 2/1, Village- Vaseti, Baska- Tajpur Road, Taluka- Halol Dist- Panchmahal ...Complainant Vs The New India Assurance Co. Ltd.

Notice to be served thorough, Regional Manager, 2^nd Floor, Anant Appartment, Salatwada Road Crossing, Vadodara. …Opponents Appearance: Ld. Advocate Mr.Harshil Dattani For the complainant, Ld. Advocate Mr. Ajay R. Mehta For the opponent.

Coram : Shri M.J.Mehta Judicial Member Order by Shri M.J.Mehta, Judicial Member

1. The complainant has filed the consumer complaint u/s. 17 of the Consumer Protection Act, 1986 due to deficiency in service, negligence and unfair trade practice on the part of opponents.

2. The brief facts of the complaint are as under:the complainant M/s. Ravi Plantbiotechnologies Ltd. Is a proprietary firm or company registered under any other provisions it is further submitted that the complainant is a consumer of the respondent-The New India Assurance Co. Ltd. As per the provision of the Consumer Protection Act.

3. Opponent is an insurance company and is doing the business of taking various insurance policies including the Marin Cargo Specific Voyage Policy.

4. Complainant has purchased a Round Drip Irrigation Pipe Plant Machinery form M/s. R.R. Plast Extrusion Pvt. Ltd. On 26.02.2013 at a cost of Rs.37,13,823/- and entire consideration amount was paid by the complainant company which is also noted in the Tax Invoice No. 000328 which is produced here at Annexure-A.

5. Delivery of the said Round Drip Irrigation Pipe Plant Machinery was given at Mumbai and the complainant had to get transit from the place of delivery to the complainant.

6. It is stated and submitted that since the Round Drip Pipe Plant Machinery was to be released from the company Mumbai (Maharashtra) complainant approached the respondent insurance company at its Vadodara Office for issuing Specific Vogaye Policy to complainant to cover the entire insurance cover of full consideration (100% share) of the Round Drip Irrigation Pipe Plant Machinery paid by the complainant during transit.

7. Further complainant as per the demand of the respondent to cover entire consideration of the amount paid by the complainant agreed issue Specific Vogaye Policy to the complainant against which the complainant was asked to pay an amount Rs thirteen thousand and two (13002.00) and the said amount was paid by the complainant to the respondent insurance company in cash 26.02.2014 and a receipt was also issued to the complainant by the respondent is produced here at Annexure – B.

8. Further, that after the payment made by the complainant towards the Marine Cargo Specific Vogaye Policy, the respondent herein wide dated 26.02.2014 issued policy covering entire amount (100%) of the consideration amount of the Round Drip Irrigation Pipe Plant Machinery came operation from 26.02.2014 having its Policy number 22030100000232 was produced here at Annexure –

C.

9. Complainant had approached V. S. Logistic to transit the Round Drip Irrigation Pipe Plant Machinery from place delivery and the complainant also paid entire consideration V. Logistic transit purpose which is produced here at Annexure - D

10. Further after the following the procedure of getting the policy the respondent and also paying necessary consideration V.S. Logistic for transit Round Drip Irrigation Pipe Plant Machinery truck bearing registration number GJ-06-TT- 9511 carrying the Round Drip Irrigation was Pipe Plant Machinery for transit.

11. Consignment during the transit met with accident on

27.02.2014 near Babchari, Talasari National Highway no 08 and a police compliant in local police station also registered for the same the detailed punchnama was also drawn by the concerned authorities, was produced a