Damage caused by external rain water seepage is distinct from internal moisture accumulation due to the hygroscopic nature of goods; therefore, a general exclusion for 'ingress of moisture' does not cover rain water damage unless specifically excluded.

(PER HON’BLE SRI V.V.SESHUBABU, MEMBER -JUDICIAL)

1. The complaint is filed U/s.17 (1) (a) (i) of Consumer Protection Act, 1986, seeking directions against Opposite Parties to pay insurance claims to the tune of Rs.37,33,829/- with interest @18% per annum from 17.04.2015 till realization; to pay compensation of Rs.4,00,000/- and costs.

2. The brief averments of the complaint are that the Complainant is the limited company and obtained Marine Cargo Open Policy No.130011/21/2016/3; that transported paddy seed packed in pouches with HDPE bags placed in cartons in a truck bearing No.PB-03X-6547 covered with tarpaulin through Southern Logistic Pvt. Ltd., vide Lr.No.2235, dated 20.07.2015 and due to rain 132 boxes were damaged and sustained loss after salvage assessed by the surveyor @Rs.24,75,486.80 paisa; that transported 515 cotton seed packed in pouches with HDPE bags placed in cartons in a truck covered with tarpaulin through Southern Logistic Pvt. Ltd., vide Lr.No.908510, dated 02.08.2015 and due to rain 92 boxes were damaged and sustained loss after salvage assessed by the surveyor @Rs.2,52,030/-; that transported 605 bags of Maize Surabhi Gold Seeds, packed in pouches with HDPE bags placed in cartons in a truck bearing No.AP 24 V 6131 covered with tarpaulin through Sree Rama Road lines vide Lr.No.80037, dated 30.07.2015 and due to rain 30 boxes were damaged and sustained loss after salvage assessed by the surveyor @Rs.1,85,580/-; that transported 950 Kgs., of Bagra, 7,200 Kgs., of Majra and 8,288 Kgs., of Maize Seeds, packed in pouches with HDPE bags placed in cartons in a truck bearing No.RJ 06 GA 7371 covered with tarpaulin through Sree Rama Road lines vide Lr.No.712, dated 31.07.2015 and due to rain sustained loss after salvage assessed by the surveyor 3,456 Kgs., of Majra Seeds and five Bajra Seeds of gold and 4,864 Kgs., of Maize Seeds in all to the tune of Rs.8,20,773/-; that raised the claims with the Opposite Party by submitting applications dated 17.10.2015, 08.01.2026, 27.10.2015 and 17.10.2015 respectively; that the Opposite Parties have appointed surveyors to assess the loss and they have submitted their reports; that Opposite Parties raised some objections and they were complied with; that the Opposite Party repudiated the claims vide letters dated 27.01.2016, 05.04.2016 and 05.04.2016 by taking different stands for each claim stating that the claim was affected by seepages of rain water through minute holes and/or improper coverage of tarpaulin over the loaded goods while in transit and not at all settled all claims; that the acts of the Opposite Party amounts to deficiency of service; that despite several emails sent to the Opposite Party along with an explanation for loss, they were not considered; that legal notice was issued on 01.11.2017 with a demand to settle the claims, but no answer was given; that all the four claims are covered under the single policy; hence, the claim.

3. The brief averments of Opposite Party No.1 to 3 are that the complaint is not maintainable either on facts or under law; that the Complainant is not a consumer U/s.2 (d) of Consumer Protection Act, 1986; that the Complainant is put to strict proof of all the averments made in the complaint except those that are admitted; that the policy was in force by the dates of incidents and the risks are covered under the policy; that appointed surveyors, to assess the loss who submitted reports; that claims were received from the Complainant, but repudiated for the foll