KERALA STATE CONSUMER DISPUTES REDRESSAL

COMMISSION VAZHUTHACAUD, THIRUVANANTHAPURAM.

APPEAL  NOS.166/09 & 210/2009

                    COMMON JUDGMENT DATED: 10-12-2010

PRESENT:

JUSTICE SHRI. K.R. UDAYABHANU                :PRESIDENT

SHRI.S. CHANDRAMOHAN NAIR                      : MEMBER

APPEAL  NOS.166/09

M/s Narendran Sons,

Kadappakkada, Kollam,

R/by Murugesh Narendran,                                 : APPELLANT

Anvil, Kadappakkada, Kollam.

(By Adv.Sri.David Koshy)

            Vs.

1.         National Insurance Company Ltd.,

3 Middleton Street, P.B.No.229,

Kolkota-700 071.

2.         National Insurance Company,

Hospital Road, Kollam.

                                                                        : RESPONDENTS

(R1 & 2 by Adv:Sri.C.S.Rajmohan)

3.         G.Link, Express Cargo Pvt. Ltd.,

21, Chiranjivi  Tower,

43, Nehru Place, New Delhi-10 019.

(R3 by Adv:Sri.K.P.Vijayan)

APPEAL  NOS. 210/2009

1.         The Chairman & Managing Director,

M/s National Insurance Company Ltd.,

3 Middleton Street, P.B.No.229,

Kolkota-700 071.                                         : APPELLANTS

2.         M/s National Insurance Company,

Hospital Road, Kollam.

(By Adv:Sri.Prasannakumaran Nair)

Vs.

1.         M/s Narendran Sons,

Kadappakkada, Kollam,

R/by Murugesh Narendran,

                                                                                                : RESPONDENTS

2.         G.Link, Express Cargo Pvt. Ltd.,

21, Chiranjivi  Tower,

43, Nehru Place, New Delhi-10 019.

(R3 by Adv:Sri.K.P.Vijayan)

                                    COMMON JUDGMENT

JUSTICE  SHRI. K.R. UDAYABHANU : PRESIDENT

The appellants in A.166/09 are the complainants in OP.267/05 in the file of CDRF, Kollam and the appellants in A.210/09 are the opposite parties 1 and 2/insurance company.  The opposite parties 1 and 2 are under orders to pay to the complainant a sum of Rs.6,02,775/- with interest at the rate of 12% per annum from 1/6/2005 and also to pay Rs.50,000/- as compensation and Rs.10,000/- as cost.

2. It is the case of the complainants that in response to a purchase order from Teknor-Apex USA with respect to 800 numbers of Hercules mats at the rate of US$ 13.5 and 1300 members of ramp mats at the rate of US$ 9 for a total value of US$ 22,420/- the mats were despatched in 2 containers on 27/5/2004 from the complainant’s factory at Kollam to be forwarded by ship from Kochi.  The agent of the buyer, Mr.Mohindar Satpal (PW5) stationed at New Delhi had visited the complainant’s factory and verified the export quality of the rubber mats on 19^th and 20^th of May 2004 and approved.  The complainants availed 2 Marine Insurance Polices for the two containers on 26/5/2004.  Before stuffing of the goods in the containers, the containers were subjected to physical verification by the customs officials and opposite parties 1 and 2 and thereafter light test were conducted to find out the possibility of leakage and rusting of the containers.  Only the floorings of the containers could not be subjected to light test as the containers were placed on the platform of the trucks.  The loading and stuffing were done after careful scrutiny and physical verification as to the possibility of water damage wetness and moisturisation within the containers and the same was totally ruled out.  The wooden pallets used as packing materials were manufactured with treated wood.  It was in the presence of the customs officials and opposite parties 1 and 2 that the consignment was stuffed and despatched.  The containers were sealed by the customs officials. There was meteorological forec