IN THE DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION Date of Institution: 02.01.2017 Date of hearing: 09.05.2022 Date of Decision: 05.07.2022 FIRST APPEAL NO.- 08/2017 IN THE MATTER OF M/S G.L KHANNA & SONS Through Its Prop. Sh. Puneet Khanna, 65, Shardanand Marg, New Delhi, Presently At: 43, Transport Centre, Punjabi Bagh, New Delhi.

(Through: Mr. Sachin Wadhwa, Advocate)

…Appellant VERSUS NATIONAL INSURANCE CO. LTD.

Division No. XXII, 4^th Floor, Palmohan Singh House, 5/67, Padam Singh Road, Karol Bagh, New Delhi -5.

(Through: Mr. Saroj K. Pandey, Advocate)

… Respondent CORAM:

HON’BLE JUSTICE SANGITA DHINGRA SEHGAL (PRESIDENT)

HON’BLE SH. RAJAN SHARMA, MEMBER (JUDICIAL)

Present: None for the parties.

PER: HON’BLE JUSTICE SANGITA DHINGRA SEHGAL, PRESIDENT JUDGMENT

1. The facts of the case necessary as per the District Commission record are:

“Complainant has filed this complaint on 15-10-2012 and alleged that he purchased one Marine Cargo policy from OP valid from 24.02.2011 to 23.02.2012 upto a value of Rs. 10,00,000/- in single transit. On 29.03.2011 the complainant purchased "Furnace Oil" weighing 26,480 MT from M/s Reliance Industry Ltd vide invoice no. 1532085 dated 29.03.2011 and the oil was loaded in tanker no. HR 63 4050 through M/s Dashmesh Bulk Carrier vide LR no. 815 dated 29-03-2011 for transportation to Delhi. The oil was sold during the transit to M/s Kisko Forgoing Mandi Gobindgarh (Punjab.) On the night falling between 03.04.2012 to 04.04.2012 about 12 A.M. when the tanker was near the Patiala near Bus Adda Shirhandi gate Nehru Park, the driver took a turn and lost control and tanker turn turtle into a waste nala and tanker totally bent towards the fields. As a result of it most of oil spreads in the fields. Vide letter dated 04.04.2012 complainant informed OP and the matter was also reported to the local police at Patiala Complainant submitted the claim form along with requisite documents to the OP. Vide letter dated 01-11-2011, the surveyor Mr. Deepak Malohtra again gave some information to OP regarding the accident and vide letter dated 24-11 2011, OP again sought information from the complainant and this was duly replied by the complainant and received by the OP on 22-12-2011. OP finally rejected the claim of the complainant vide letter dated 02-03 2012 on flimsy grounds. Complainant suffered a loss of Rs. 6,41,701/- towards the costs of oil. Complainant alleged that he earns his livelihood from the business of sale and purchase of oils. Hence deficiency in service on the part of OP in not settling the claim and complainant prayed that OP be directed to pay Rs. 6,41.701/- as cost of oil and Rs. 1,00,000/ for mental agony and harassment along with interest @ 24% p.a.”

2. The District Forum after taking into consideration the material available on record passed the order dated 24.10.2016, whereby it held as under:

“In reply. OP did not deny that complainant purchased one Marine Cargo Policy for a sum of Rs. 10 Lakhs with OP. It is also not denied that complainant purchased Furnace Oil from M/s Reliance Industry and the oil was loaded in the tanker for transportation to Delhi. As per established legal position insurance was to indemnify the loss to complainant hence complainant is a consumer.

Complainant filed copy of insurance policy (Annexure C-1) i.e. Marine Cargo pertaining to consignment of Furnace Oil stored in tanker subject to similar carrying limit of Rs 8,00,000/- and OP's document (Ex. OPw1/3) consignment note clarify that on 29.03.2011 consignment was booked for Jamnagar to Delhi vide truck no. HR 63 4050 which was sold in transit to M/s Kisko Forgoing Mandi Gobindgarh (Punjab). Hence it is evident that under the insurance policy the risk covered of the goods was for single transit which was from Jamnagar to Delhi and not elsewhere. Although, the surveyor Deepak Malohtra in his interim survey report dated 24.02.2011 opined estimate of loss of Rs. 5,90,263/- and he reserved his opinion regarding final loss b