Date of filing: 23.05.2017.

IN THE TAMIL NADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CHENNAI Present: Hon’ble Thiru Justice R.SUBBIAH ... PRESIDENT C.C. No.231 of 2017 Orders pronounced on: 31.01.2025 KTV Health Food P. Ltd., Rep. by its General Manager – S.Durai Babu, Chennai 600 001. … Complainant vs.

1.The Senior Divisional Manager, The National Insurance Co. Ltd., DO II, No.16, State Bank Road, Coimbatore 641 018.

2. The Chief Regional Manager, The National Insurance Co. Ltd., Coimbatore Regional Office, Coimbatore Stock Exchange Towers, 2^nd Floor, No.684 - Trichy Road, Coimbatore 641 005. 3. The Chairman and Managing Director The National Insurance Co. Ltd., Head Office, No.3 Middleton Street, Kolkatta 700 071, West Bengal. … Opp. Parties.

For Complainant : Mr.Arvind Subramaniam, Sr. Counsel for M/s.R.Ramani For Opp. Parties : M/s.Nageswaran &

Narichania This Complaint came up for final hearing on 28.08.2023 and, after hearing the arguments of the counsels for the parties and perusing the materials on record and having stood over for consideration till this day, this Commission passes the following:-

O R D E R

R.Subbiah, J. President .

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Alleging service deficiency against the OPs herein/Insurance Company that it had unfairly repudiated their admissible insurance claim arising from a Marine Open Cover Policy, the insured have come up with this present Complaint, seeking to direct the OPs to pay to them a sum of Rs.21,05,841/- with interest @ 15% on the said amount from 03.12.2014 till 15.05.2017 that comes to Rs.28,79,521/- along with future interest at the same rate from 16.05.2017 till the date of realization and another sum of Rs.50,000/- for transportation & other charges incurred and Rs.1 lakh towards compensation for the mental agony &

anxiety caused by the OPs, besides a sum of Rs.15,000/-

towards litigation expenses.

2. In brief, the case of the complainant is as follows:-

The complainant/company is doing the business of importing edible oils from overseas and manufacturing/selling the finally refined products in Southern States. In respect of their cargos under import, the complainant took Marine Open Cover Policy bearing No.6502001400010 from the 1st OP and it covered the period between 01.04.2014 and 31.03.2015. The said Cover, which was as per Institute Cargo Clause (ICC)-A and Bulk Oil Clause Terms, was taken against all kinds of risks to the cargo imported through Vessels. Apart from import voyages, the marine policy, by virtue of the terms and conditions as mentioned in the MOU which is a part thereof, also covers inland transits from warehouse to warehouse. In order to cover certain unspecified losses, Trade Losses, General Leakage, etc., the Excess was fixed at 0.50% of the Bill of Lading (in short BL) quantity and the insurance premium as Rs.0.08 on the sum insured per Rs.100/- and the same is mentioned on the Policy Open Cover Certificate as well as in the MOU.

After issuance of the insurance cover, whenever the Vessel carrying the cargo commences its voyage, it is the usual practice of the insured to intimate the 1^st OP/Insurance Company to insure the Cargo/Vessel, by providing various particulars like BL Quantity as well as details of Load Port, Expected Date of Arrival of the Vessel, Discharge Port/Arrival Port, Final Destination, Invoice Value, Currency Exchange Value, etc. and, in this instance, the subject-matter viz., 7399.906 Mt. of RBD Palm Olein purchased from Wilmar Trading P. Ltd. at Singapore and meant to be carried by Vessel-MT THERESA DUMAI V.02/15 after its loading on 18.03.2015, was insured vide Marine Insurance Certificate Nos.650200 / 21 / 14 / 43700000082, upon payment of premium. The BL for the aforesaid total quantity was also surveyed by an internationally accredited surveyor at the Load Port.

Advance intimation about the arrival of the Vessel on 24.03.2015 was given to the Insurance Company vide letter, dated 19.03.2015, informing that the insured had arranged for their Surveyor and r