ORIENTAL INSURANCE CO. LTD Vs. DINESH PUNIA

JUDGEMENT

(1.) Alleging deficiency in service in repudiating the claim arise out Marine Insurance policy, respondent/complainant/Shri Dinesh Punia filed a consumer complaint bearing no. 58/2006(old no. 82/2002) passed by District Forum, South Mumbai (Forum below in short). The complainant imported ceramic tiles from Hong Kong. The goods received at Nhava Sheva airport in a sealed container through a ship, S.S.Kota Harmuni V.H.N1068. Those goods during their shipment were insured with appellant /opposite party no.1.

(2.) M/s. Oriental Insurance Company Ltd. as per the standard Marine Insurance policy. The goods were received in a damaged condition on 29/11/2000 at Nhava Sheva airport. Importer/complainant, appointed one Shri Mahendra C.Bhatt as Surveyor who according to complainant is on the panel of M/s. Oriental Insurance co. Ltd. He got examined the goods firstly by visiting the container at JNPT Nhava Sheva airport and then at the godown of the complainant at Andheri where goods were destuffed. The inspection by the surveyor at the JNPT Nhava Sheva port was carried out on 01/12/2000 and at the Andheri godown on 2,4 & 5/12/2000. The surveyor accordingly submitted his report dated 21/12/2000 to the complainant and on the basis of which the complainant lodged an insurance claim with the insurance company. The same came to be repudiated by the insurance company i.e. the appellant by its letter dated 30/03/2001 and therefore, this consumer complaint came to be filed.

(3.) There was difference of opinion between the Members of the Bench of Forum below. The Member Smt.D.Mhase gave her reasons on 30/11/2006. Dissenting reasons were given by another Member Shri Sunil Bagwe on 10/04/2006. The matter was referred to Third Member Shri Rane, who endorsed his opinion siding with the reasoning of thee Member- Smt.D.Mhase. F.A.No.1166/2006 was preferred before the Commission. The same was allowed and the opinion/order dated 22/05/2007 passed by Third Member,