PALANADU COLD STORAGE Vs. NATIONAL INSURANCE COMPANY LTD.

JUDGEMENT

(1.) As the facts and the dispute involved in the aforesaid two Consumer Complaints are same, they are disposed of by common order treating CC/303/2017 as the lead case.

(2.) The Complainant is a cold storage and acts as a custodian for the agricultural produce stored by the farmers. The Complainant obtained a Standard Fire and Special Perils Policy No.566018111310000062 for a sum of Rs.14.00 crores (Rs.4.00 crores for building, plant and machinery and Rs.10.00 crores for stock) valid from 30/3/2014 to 29/3/2015 from National Insurance Company Limited. On 9/9/2014, vide endorsement No.566018111382100004, the sum insured was enhanced from Rs.14.00 crores to Rs.19.5 crores (Rs.5,50,000.00 towards building, plant and machinery and Rs.14.00 crores towards stock). The insured stocks consisted of dry chilly, onion, potato, cashew nut, bengal gram, red gram, green gram, black gram, coriander, fruits, pulses, groundnuts and other agricultural products.

(3.) The Complaint was contested by the Opposite Parties by filing the written statement. It was stated that the Complainant is a commercial organization carrying on business for profit and is not a "Consumer" under Sec. 2 (1) (d) of the Consumer Protection Act, 1986. The Services of the Opposite Parties were engaged for commercial purpose. It was also stated that Oriental Insurance Company was a necessary Party as the Complainant had also taken Policy from them covering the stocks. The Complaint is liable to be dismissed for non-joinder of necessary Party.