BHORUKA JET PVT. LTD Vs. PAL ENGINEERS

JUDGEMENT

(1.) PRESENT revision petitions are being disposed of by this common order as facts in these petitions are common. These petitions arise out of identical order dated 21.8.2012, passed by the State Consumer Disputes Redressal Commission, Mumbai( For short, 'State Commission ').

(2.) RESPONDENTS No.1/complainants filed their complaints before Consumer Grievances Redressal Forum, Pune(For short, 'Consumer Forum ') stating that they are the dealers for M/s Cummins India Ltd. which had sent them Air cleaner ailment kits/Kit Injector through Lorry. The assignments were duly insured by respondent no.2 -Insurance Company. Assignment of Kit Injector did not reach its destination, whereas assignment of Air cleaner ailments kit was received in damaged condition. Thus, there was deficiency in service by the petitioner. Respondent No.1 informed this fact to respondent no.2 who appointed Surveyor which submitted its report. Thereafter, respondent no.1 filed claim for insurance. Respondent No.1 and respondent no. 2 entered into an agreement for letter of subrogation before the payment of the amount claimed. Hence, respondent no.1 filed complaints claiming compensation from the petitioner along with 18% interest as well as cost.

(3.) CONSUMER Forum, vide order dated 28.3.2011, allowed the complaints, of respondent no.1.