K.S.P

CC-09-9

Page 1 of 26

BEFORE THE CONSUMER DISPUTES REDRESSAL COMMISSION,

GUJARAT STATE AT AHMEDABAD.

Court-3

Complaint NO. 9 of 2009

Dt: 16.02.2022

M/s. Alembic Ltd.

Alembic Road,

Baroda.

…Complainant

Vs.

The New India Assurance Co. Ltd.

Divisional Office-IV,

7^th Floor, Suraj Plaza,

Sayajiganj, Vadodara.

...Opponent

Appearance: Mr. Bhargav Pandya, Ld. Advocate for the Complainant

Mr. Palak H. Thakkar, Ld. Advocate for the Opponent

Coram: (Shri S. N. Vakil, Judicial Member)

(Smt. J. Y. Shukla, Member)

Order by Shri S.N. Vakil, Judicial Member

1. The complainant – M/s. Alembic Ltd. has filed this complaint against the

New India Assurance Co. Ltd., alleging that it is a very old company

engaged in business of various kind of medicines/drugs within and

outside the country. It had taken Marine Open Cover Policy from the

opponent in June 2000, which issued cover note of the policy premium

whereof was paid Rs. 10,752/-. The claimant had given some job-work to

M/s. Sislax Pharma Pvt. Ltd., Panchkula, Haryana for manufacturing

Amoxicillin Tryhydrated and Ampicillin Tryhydrated for a quantity of

Details

DD

MM

YY

Date of Judgment

16 02

2022 Date of filling

23 03

2009 Duration

24 10

K.S.P

CC-09-9

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1900 Kg and 3500 Kg respectively. The said goods were required to be

delivered by the jobber at complainant‟s godown situated at Vadodara.

Accordingly the goods were loaded in truck bearing No. HR-38-9595,

model TATA-709, the truck was reported to have left the factory of jobber

on 05.10.2000, and delivery challan Nos. 15 and 16 dated 05.10.2000

were issued by the jobber along with said goods. On 6.10.2000 at about

2:30 a.m., 3 KM from Saha-Panchkula-Delhi highways the said truck got

spark in the engine and it went out of control of the driver. It was

reported to have struck against the electric pole gutted in fire with the

said consignment. The flames of the fire went about 40 ft. and trees

around also got burnt. Driver at the last movement jumped out from the

truck and could save himself. The incident was immediately reported to

the concerned police station, bearing No. DDR-16 on 6.10.2000 at Saha

Police Post, P. S. Mullana, Dist. Ambala. The opponent was immediately

informed orally and telephonically as well as in writing with regard to

said incident on 6.10.2000 itself. The Regional Office of the opponent

deputed the surveyor at Chandigarh who had conducted the survey on

6.10.2000 at 7:15 p.m. The material sent by M/s. Sislax Pharma Pvt. Ltd.

before loading into the truck were washed with IPO Propylene Alcohol

Solvent which is flammable item. Therefore, at the time of incident the

medicine loaded in the truck got burnt immediately and evaporated. Only

plastic drums melted due to fire converted into lumps were there at the

site of accident in debri of truck. Thus, the whole consignment was

damaged totally in fire along with truck and the complainant has

sustained huge loss of Rs. 87 lakhs. The detailed claim was submitted

K.S.P

CC-09-9

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with the opponent on 09.10.2000 for an estimated amount of Rs. 87

lakhs. The complainant had provided all the requisite details and

documents required series of correspondence containing minute details

were exchanged between them after date of accident till the date of filing

this complaint. The complainant has surprisingly till date neither

rejected the claim nor has paid the money of the claim to the

complainant. All the necessary details, documents, information whatever

have been sought for, were provided to the opponent or investigator and

thereafter also co-operated fully as and when sought for. However, till

date the opponent has not came to any conclusion. This is a gross case of

negligence and deficiency in services, by the opponent and merely on this

ground the complainant is eligible to get sufficient remedy. The claim was

lodged in late 2000 however even t

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