V L CABLES LTD Vs. TRADE TRANSPORT CO

JUDGEMENT

(1.) THE Complainant's case is that he is a registered company manufacturing copper cables at its plant at Waghodia, Distt. Vadodara. It is his case that Opposite Party No.4 - Central Railway through its Controller of Stores V.T. Mumbai placed certain orders on the Complainant Company for supply of copper cables. Accordingly in all, seven consignments of copper wire totally valued at Rs.42,76,947/- were despatched to the 4th Opposite party, Central Railway through Opposite Party No.1 which is Trade Co., Baroda during the period of 4.3.1996 to 9.6.96. The goods were required to be delivered on door to door delivery basis. All the above seven consignments were insured with United India Insurance Co. Ltd., Baroda on all risk and S.R.C.C basis and warehouse to warehouse delivery. First Opposite Party the transporter orally informed one Anil Dhoot, Vice President of the Complainant Company at Mumbai that, he is utilizing the services of Gopal Maheswari, the 3rd Opposite Party to deliver the consignment to Railways. Shri Anil Dhoot told the 1st Opposite Party that he has no objection if Gopal Maheswari is engaged for the purpose, but only after verifying his credentials.

(2.) ON 31.8.1996 the Complainant noticed that none of the consignments were delivered to the Railways i.e. the 4th Opposite Party. The Complainant reported the matter to the Insurance Company on the same day and the latter appointed a Surveyor on 3.9.1996. The Surveyor admitted his report on 26.9.1996 in all the seven cases.

(3.) CLAIM lodged against the Insurance Co. was repudiated on 26.11.1997 on the grounds that;