KRISHNA AUTOMOBILES Vs. OM PARKASH NAGPAL

JUDGEMENT

(1.) APPELLANT was the complainant before the State Commission, where they had filed a complaint alleging deficiency in service on the part of the respondent/opposite party United India Insurance Company.

(2.) UNDISPUTED facts of the case are that the appellant had a valid Marine Insurance Policy which was valid during the period in question. The appellant despatched a consignment of shoes packed in 140 cartons from Delhi to Bombay Port by road. When the consignment was received by the appellant's clearing agent at Mumbai they were found to be partially damaged. The matter was reported to the Insurance Company, who appointed a Surveyor. According to the Surveyor, the cartons and the packing material was wet in respect of 50 cartons and there was no damage to other 90 cartons. As far as damaged cartons were concerned, the contents/shoes could be repacked in new cartons/packing material and sent. This is what seems to have happened and the consignment was exported to Canada, where, upon arrival in Canada the consignment was found to be in a damaged condition. They appointed a Local Surveyor whose report is on record.

(3.) THE case of the appellant was that the Surveyor appointed by the respondent did not carry out a proper survey and confined their report only to 50 cartons. At the importer's end 390 pairs were rejected and remaining goods had to be sold at a discount to a foreign buyer resulting in loss of Rs. 3,77,017 to the appellant. A claim was lodged with the Insurance Company. When the issue was not getting settled, a complaint was filed before the State Commission, who after hearing the parties dismissed the complaint, hence this appeal.