SEHGAL KNITWEARS Vs. UNITED INDIA INSURANCE CO LTD

JUDGEMENT

(1.) This appeal is directed against the order of the State Consumer Disputes Redressal Commission, Chandigarh, Punjab in Original Complainant No. 13 of 1997 dated 30.9.1997 dismissing the complaint claiming compensation for non-payment of the value of the consignment to consignee.

(2.) Briefly stated the facts are that the appellant/complainant in the course of its business sent a consignment of hosiery knitwears containing 168 cartons of the value of US $ 50316 and 25 Cent to the foreign buyer M/s. 'Ozt Velves' Moscow, Russia, Usachova - 62. It was insured for a sum of Rs. 18,66,000 by marine cargo cover under DR/84-134786 in respect of which the premium was duly paid by the appellant to the respondent Nos. 1-3-Insurance Company. It sent through UCO Bank, It was sent through M/s. Turkmenistan Airlines. New Delhi, respondent No. 4 on 27.10.1995. The necessary documents were sent through UCO Bank.

(3.) The claim was preferred by the appellant. However, it was repudiated by the respondent/United India Insurance Co. on the ground that the Insurance Company informed the complainant that a tracer was appointed to trace out the consignment and the tracer has intimated its delivery to the named consignee at the destination. The information was sought if the tracer had collected any documentary proof of the delivery of the consignment to the buyer.