SINGH TRANSPORT SERVICE Vs. GAJANAND POHA UDYOG

JUDGEMENT

(1.) -THIS appeal, under Section 15 of the Consumer Protection Act, 1986, is directed against the order dated 19. 1. 2007, in Complaint No. 233 of 2006, by District Consumer Disputes Redressal Forum, Durg (hereinafter called the 'district Forum' for short) whereby the complaint was allowed and the O. P. was directed to pay a sum of Rs. 24,536 with interest @ 6% p. a. from 15. 12. 2005 together with Rs. 5,000 towards compensation for mental suffering and Rs. 500 towards cost of proceedings.

(2.) BRIEF facts necessary for disposal of this appeal are that M/s. Gajanand Poha Udyog had obtained Marine Insurance Policy No. 190507/21/2005/00001 for the period from 1. 4. 2005 to 31. 3. 2006. During subsistence of the aforesaid policy, the policy holder had booked 90 bags of Poha duly packed in jute bags was handed over to the O. P. /transporter on 22. 6. 2005, for being delivered to Holi Singh Jaswant Singh, Kapoori Mohalla, Indore. The transporter had charged Rs. 4,600 towards transporting charges and a sum of Rs. 3,500 was paid in advance. The transporter undertook to deliver the aforesaid bags in good condition and to cover the material with tarpaulin sheets, etc. so that it is not destroyed in case of rain. As per averments in the complaint, the said Poha was destroyed due to rains as the transporter failed to cover the goods with tarpaulin sheets as assured. 39 bags of the material entrusted to the transporter were destroyed due to their negligence and thereby causing loss of Rs. 24,536. The consignee Holi Singh Jaswant Singh vide letter dated 29. 6. 2005 intimated the loss to the transporter but the transporter neither sent any reply nor paid the amount. The consignee also intimated the consignor/insured regarding aforesaid loss and the consignor/insured requested the insurer to make good the loss as the transporter was not making the payment. A Surveyor was appointed by the insurer and he also stated in his survey report that Poha was damaged due to rains. The consignor also agreed to execute a letter of subrogation and Power of Attorney in favour of the insurer. Consequently, Special Power of Attorney and letter of subrogation were handed over to the insurer. Thereafter, the insurer made payment of Rs. 24,536 and on the basis of the aforesaid letter of subrogation and Power of Attorney, the insurer had filed complaint before the District Forum.

(3.) THE complaint was resisted by the O. P. /transporter and it was averred in the written version that the complainant was not the consumer as he had not paid any amount to the transporter. Moreover, the complaint has been filed by the insurer under letter of subrogation and Power of Attorney. It was further averred that the insurer had insured the goods that were being transported. Hence, the loss due to rain was payable by the insurer and not by the transporter.