M/S. AGARWAL STONE OVERSEAS B Vs. REGIONAL MANAGER, NEW INDIA ASSURANCE CO. LTD. & ANR. THE NEW INDIA ASSURANCE COMPANY LTD, DIVISIONAL OFFICE: 2ND FLOOR , NEHRU PLACE,JAIPUR ROAD JAIPUR RAJASTHAN

JUDGEMENT

(1.) This revision petition has been filed under section 21(b) of the Consumer Protection Act, 1986, against the impugned order dated 27.05.2011, passed by the Rajasthan State Consumer Disputes Redressal Commission, (hereinafter referred to as "the State Commission") in Appeal No. 1199/2010, M/s Agarwal Stone Overseas Vs. New India Assurance Co. Ltd., vide which, while dismissing the appeal, the order dated 17.05.2010, passed by the District Consumer Disputes Redressal Forum, Jaipur in Consumer Complaint No. 597/2007, dismissing the said complaint, was upheld.

(2.) The complainant M/s Agarwal Stone Overseas is a partnership firm and deals with the export of different types of marble stones etc. They obtained a marine insurance policy, covering risk to the tune of Rs. 1 crore vide cover note no. 11871 for the period from 01.09.2004 to 31.08.2005. The coverage for a single consignment of export was Rs. 15 lakhs on warehouse to warehouse basis. The complainant sent a consignment of 65 pieces of granite slab to M/s Center Stone Granite and Marble INC, Toronto, Canada, valued at 20334.33 canadian dollars through Chennai port. The consignment did reach the Toronto port in Canada, from where it was sent to the warehouse for delivery. The case of the complainant is that the delivery of the goods was not done at the warehouse and the trailer in which the material was being transported, was stolen on the highway itself, before reaching the warehouse. Since the complainant suffered loss of goods during the insurance period, a claim was filed with the Insurance Company and the claim settling agent at Canada was also informed on 07.12004. The theft of the goods took place on 04.12004. However, the case of the opposite party (OP) is that the consignment reached the warehouse on 24.11.2004, but it could not be taken inside the warehouse due to lack of space. Thereafter, the consignment was stolen from outside the warehouse on 04.12004. The case of the OP Insurance Company is, that since the consignment had been delivered to the recipient, they could not be held liable in any manner for the payment of any claim. The complainant filed the consumer complaint in question, seeking directions to the Insurance Company to pay compensation of 20334.33 Canadian dollars equivalent to Rs. 7,78,836/- with 24% annual interest from the date of filing the claim till payment. A further compensation of Rs. 5 lakhs was also demanded for mental harassment etc. and Rs. 21,000.00 as litigation costs.

(3.) The complaint was resisted by the Insurance Company by filing a reply before the District Forum, in which they stated that the delivery of the consignment was received by the consignee, M/s Center Stone Granite and Marble INC from the transporter on 24.11.2004. As per the conditions of the policy, if any loss was caused to the insured after receiving the delivery of the goods, the Insurance Company was not responsible for payment of compensation in any manner. It was also stated that signatures of the purchaser of the consignment had been obtained on the bill of lading by the transporter M/s Straight Transport INC, which was proof of the delivery of the said consignment.