RAVINDRA AGRAWAL Vs. ORIENTAL INSURANCE COMPANY

JUDGEMENT

(1.) This revision petition has been filed by the petitioner/complainant-Mr. Ravindra Agarwal against the order dated 16.9.2014 of the learned State Consumer Disputes Redressal Commission, Chhattisgarh (in short, 'the State Commission'), passed in Appeal No. 508 of 2012.

(2.) Brief fads of the case are that the petitioner's firm namely, M/s. Radhe Gcvind Chemicals was involved in manufacturing of Sodium Silicate, which was being sent for use in the industry in the States of Chhattisgarh and Orissa. The petitioner had taken a marriage cargo open policy from the opposite party/respondent-Oriental Insurance Co. Ltd. for transporting the sodium silicate. The policy was effective from 30.6.2009 to 29.6.2010. Under the policy, the total coverage was Rs. 50 lakh and for one transit it was Rs. 1.5 lakh. On 2.6.2010, on the invoice No. 0165, 9000 metric ton sodium silicate was sent by the tanker No. C.G. 14/ZC/0172 to SPS Steel and Power Ltd., Kukurjangha, Post Barmal, Jharsuguda, Orissa. On the way, the tanker overturned and all the sodium silicate spilt out of the tanker and was destroyed. The total price of the sodium silicate along with tax was Rs. 72,904. The petitioner immediately informed the Insurance Company and sent all the papers and documents to them along with his claim. The claim was repudiated on 9.2.2011 on the basis of the survey report dated 10.12.2010 wherein the surveyor had intimated that the limit of Rs. 50 lakh under the policy was exhausted much earlier as the total transit of sodium silicate till the date of accident from the date of commencement of the policy was for Rs. 1,39,89,031.

(3.) The petitioner/complainant filed complaint before District Consumer Disputes Redressal Forum, Raigarh (In short, District Forum ), which was dismissed vide its order dated 12.9.2012.