SPARKLING TRADERS PVT LTD Vs. POOJA ROAD LINKS

JUDGEMENT

(1.) This appeal has been filed by the appellant against the order dated 05-09-2009 passed by the Learned State Commission in Complaint No. 477 of 1999 M/s Sparkling Traders Pvt. Ltd. Vs. M/s New India Assurance Co. Ltd. & Anr., by which complaint was dismissed.

(2.) Brief facts of the case are that complainant/appellant sent consignment of 400 kgs. of PM Oil to its Branch Office at New Delhi through Opposite party no. 2/Respondent no. 2. Goods were insured with opposite party no. 1/respondent no. 1 and there was pre-survey report pertaining to consignment. At the destination consignment was not delivered and containers were empty. Complainant lodged complaint with the opposite parties but opposite party no. 1 repudiated claim vide letter dated 12-07-1999 on the ground that there were holes at different places in the drums and that loss cannot be attributed to the transit hazards. Alleging deficiency on the party of opposite parties, complainant filed complaint before State Commission. Opposite party no. 1 resisted complaint and submitted that as loss was recorded due to holing and cuttings on drums and such loss cannot be attributed to transit hazards and claim was directly repudiated and prayed for dismissal of complaint. Opposite Party no. 2 did not appear before State Commission. Learned State Commission, after hearing both the parties, dismissed complaint by impugned order against which this appeal has been filed.

(3.) Heard learned counsel for the parties and perused record.