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HIGH COURT OF KERALA
SHAJI P.CHALY, J
UNITED INDIA INSURANCE COMPANY LTD – Appellant
Versus
M/S LAKSHADWEEP TRAVEL LINKS & TRANSPORT CONTRACTORS CENTER – Respondent
WRIT PETITION (CIVIL) 9913/2017
Compensation - Vessel Insurance - Consumer Protection Act Section List - The court directed the Consumer Disputes Redressal Commission to allow the petitioner to reopen evidence and provide sufficient time for submission, emphasizing fair trial rights as per consumer protection laws.
Fact of the Case:
The first respondent filed a complaint seeking compensation for a sunken vessel insured by the petitioner, which was denied due to lack of cooperation and missing documents. The case is pending in the Consumer Disputes Redressal Commission.
Finding of the Court:
The court found that the petitioner had not been afforded a fair opportunity to present its evidence, which is crucial given the issues involved.
Issues: Whether the petitioner was given adequate opportunity to present evidence in the consumer dispute case and the validity of the commission's previous rulings.
Ratio Decidendi: The court emphasized that in consumer disputes, ensuring a fair opportunity to present one's case is fundamental to justice.
Final Decision: The court directed the Consumer Disputes Redressal Commission to allow reopening of evidence and consideration of the petitioner's application.
JUDGMENT
Ext.P1 is a complaint filed by the first respondent against the petitioner seeking compensation to the tune of Rs.38,00,000/- with interest and cost. The claim was put up by the first respondent being the owner of a Vessel MSV MOHIDDIN BHAGDADI, which was insured with the Mangalore Branch of the petitioner, which had sunk in sea on 20.2.2009 with the Cargo stored near Andrott. The claim raised by the first respondent was rejected by the Mangalore Branch of the petitioner holding that they are not co-operating with the petitioner and they have failed to produce the relevant reports including surveyor report and fitness certificate. To put it short, now, the matter is before the third respondent, State Consumer Disputes Redressal Commission, U.T of Lakshadweep, pending adjudication. According to the petitioner no opportunity is provided to the petitioner for adducing evidence which is imperative, since questions of fact as well as law is involved in the subject matter. Other contentions are raised with respect to the sittings conducted by the President without sufficient quorum etc, etc. It is also stated that the camp sitting is proposed on 25.3.2017 at Thiruvananthapuram. Petitioner is apprehending that the Commission will hear the matter and take up and the matter for orders, without providing sufficient opportunity for the petitioner to adduce evidence. In that view of the matter, I think it is only appropriate that this writ petition is disposed with appropriate directions.
2. Having heard learned counsel for the petitioner and respective standing counsel appearing for respondents 2 and 3, there will be a direction to the third respondent to receive an application from the petitioner to re-open the evidence if already closed and provide sufficient time to the petitioner to adduce evidence in the matter. If any such application is filed in the camp sitting tomorrow (25.3.2017), the same shall be considered without fail and take appropriate decisions in accordance with law.
Writ petition is disposed of accordingly.
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