SANSKRITI, KAMALA DUGAR Vs. ORIENTAL INSURANCE CO LTD

JUDGEMENT

(1.) THE present appeal is directed against the Order of the Ld. District Consumer Disputes Redressal Forum, Kolkata , Unit -II , dated 22.06.2012, in CC No. 381 of 2010 whereby , Ld. Forum below dismissed the complaint on contest without cost.

(2.) THE complaint case, briefly stated, was as follows:

(3.) THE complaint was contested by the OP Insurance Company by filing of written version wherein it was contended, inter alia, that there was non -joinder of parties in so far as, though Ravi Enterprises and Railway authorities were involved in the matter , they were not made parties, that the Complainant did not obtain the Marine Cargo Policy prior to sending of the consignment and that though as per declaration by the insured, the goods would have been sent by road , the goods were sent by rail and the weight of the goods received by Green Express was 250 kgs , though the goods actually received by Rabi Enterprises from Green Express was 180 Kg. The Complainant did not produce any supportive / sufficient document to prove the alleged theft. The settlement of the claim could not be made as the Complainant could not supply necessary documents as required by the OP No. 1 . The OP filed evidence on affidavit stating, inter alia that the Complainant obtained the insurance policy on 17.07.2008 from them ,but the consignment was made on 16.07.2008 .