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Order :

PER HON’BLE SMT. MEENA RAMANATHAN, MEMBER (NON-JUDICIAL)

1. The appeal is filed U/s 41 of Consumer Protection Act, 2019 by the Opposite Party No.4, aggrieved by the order of District Consumer Commission, Warangal, dated 01.09.2021 in CC 100/2017 where under the opposite parties No.1, 2 and 3 are directed to pay the insured amount of Rs.60,000/- towards she Buffalo with interest @ 7.5% p.a. from the date of booking of consignment i.e. 28.03.2016 to till the date of realization to the complainant. The opposite parties No.1 to 3 are further directed to pay Rs.10,000/- towards mental agony and Rs.10,000/- towards costs. On compliance of the above by opposite parties No.1 to 3, they are at liberty to recover the paid amount from opposite party No.4 through due process of law. The claim against opposite party No.5 is dismissed.

2. The parties are herein after referred to as they were arrayed before the District Commission, as complainant and opposite parties.

3.

(a) The brief averments of the complaint are that the complainant booked a parcel cover bearing No. H52976854 on 16.02.2016 through the opposite party No.1 to deliver the same at the Rural Insurance Cell, Excellent Insurance Broking Services Ltd., Madhapur, Hyderabad, but the said parcel cover was neither delivered nor returned to the complainant. The said cover contained the postmortem report, photographs, ear tag of his “she buffalo” which died due to ill-health on 16.02.2016. The said buffalo was insured with Rural Insurance Cell, Madhapur, Hyderabad for Rs.60,000/-. As per the policy terms and conditions, the said documents shall reach within (7) working days from the date of receipt of postmortem report to the addressee and the said report was received on the same day i.e. on 16.02.2016 and the same was sent to the opposite party No.1. Vexed with the attitude of the opposite parties, he sent a legal notice dated 06.08.2016, but the notices sent to opposite party No.1 & 2 were returned and the notice sent to the opposite party No.3 was served. As there was deficiency of service on the part of the opposite parties, left with no other option, the complainant filed the present complaint.

4.

(a) The brief averments of the written version of Opposite Parties No.1 to 3:- It is submitted that the complainant booked a parcel on 16.02.2016 from the local office of the opposite party from Narsampet vide booking No. H52976854 for the delivery of the cover to “Excellent Insurance Broking Service Ltd., Madhapur, Hyderabad”. The said parcel was booked by the complainant at 08:00 A.M. as regular/normal without any instructions. The complainant did not disclose any information about valuable articles and the contents inside the parcel. It is mandatory to disclose in case the cover contains valuable articles. The opposite parties would then provide insurance towards any un-towards incident of damage/loss etc,. The opposite party No.1, local agent has sent the parcel to Warangal Super Franchise by 08:00 P.M on the same day and they have sent the booked article and other articles on 17.02.2016 to Surface Apex Hyderabad/Secunderabad and from there, on the same day it was delivered to Madhapur for delivery at Manifect (FDM) Madhapur. They made three attempts consistently to deliver the parcel under dispute but it is learned that the office of “Excellent Insurance Broking Service Ltd., Madhapur, Hyderabad” is not located at Madhapur circle and as per oral information, the said office is shifted to Banjara Hills, Hyderabad . The complainant has not given the full and correct address of the consignee.

(b) These opposite parties have made their attempts as far as possible yet the parcel was returned to Uppal Regional Office to return dispatch to Narsampet via Warangal Franchise. The opposite party has received the returned cover/parcel on 26.02.2016 and the delivery boy has returned the alleged parcel to the complainant on 29.12.2016 under the Acknowledgement signature of the com