PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

                             CONSUMER COMPLAINT NO. 26/2023

Present-Dr. Ramakanta Satapathy, President,

  Sri. SadanandaTripathy, Member,

Dr(Major) L.K.Verma, Aged about 50 years,

S/O-Shanti Devi Verma, Occupation-Medical Superintendent of Vikash Hospital, Sambalpur, R/O-Burla, Contractors Colony,

PO/PS-Burla, Dist-Sambalpur.

At present R/O- Flat No. 202, Khata building, Brijdham Society,

Near Church, Sambalpur, Ps-Town

Dist-Sambalpur-768001, Odisha.                          ………….....Complainant

Vrs.

1. Mr Sunil Poonia @Sunil Kumar,

Proprietor of Aggarwal Fastway Logistics,

R/O- Plot No. 5-6, Old Ambala Road, Gazipur,

Zirakpur, SAS Nagar, Mohali-140603

Mob-9592264233, 9992202828,

• .

2. ICICI Lombard General Insurance Company Ltd.

ICICI House, 414, Veer Savarkar Marg, Near Siddhi Vinayak Temple, Prabhadevi, Mumbai-400025....……….Opp. Parties

Counsels:-

1. For the Complainant         :- Sri. P.K.Kar & Associates
2. For the O.P.No.1                :- Ex-parte
3. For the O.P.No.2                :- Sri. B.K. Purohit, Adv.

Date of Filing:28.02.2023,  Date of Hearing :22.07.2024,  Date of Judgement :02.09.2024

Presented by Dr. Ramakanta Satapathy, PRESIDENT

1. The case of the Complainant is the Complainant to shift his house hold articles asked for a quotation on 17.06.2022 from O.P.No.1 Packers and Movers. The O.P. No.1 after survey intimated the cost to be Rs. 50,000/- through mail on 17.06.2022 which includes all charges and comprehensive insurance up to Rs. 10.00 lakhs. Both the Complainant and O.P.no.1 agreed on the cost of Rs. 50,000/-. Complainant agreed to pay Rs. 10,000/- at the time of booking Rs. 20,000/- en-route and rest Rs. 20,000/- at the destination i.e. Sambalpur after delivery of items.

On 22.06.2022 the Complainant confirmed booking and paid Rs. 10,000/- in SBI A/C No. 20128376356 of the O.P.No.1 as advance. 88 household items loaded at Amritsar in truck bearing No. PB65AN 4951 on 24.06.2022. On 25.06.2023 while vehicle was on route on demand complainant paid Rs. 20,000/- and Rs. 10,000/- through online transfer. Thereafter again the O.P.No.1 demanded Rs. 10,000/- balance and in-case of non-payment threatened that truck will not reach Sambalpur. Helplessly the Complainant transferred Rs. 2000/- and Rs. 1500/- on 26.06.2022 and again Rs. 1500/- on 27.06.2022. In this way O.P.No.1 totally received Rs. 45,500/- out of agreed amount. Handling charge of Rs.500/- was also received on 24.06.2022.

As per assurance the vehicle not reached Sambalpur. The Complainant waited for 5-7 days. Inspite of repeated request the O.P.No.1 neither provided lorry receipt nor insurance details of the consignment. Only one policy No.2005/251435355/00/000 dated 30.06.2022 was provided. The insured value was Rs. 1.00 lakh against premium deposit of Rs. 3539.82. On complaint the O.P.No.1 told forgotten to add one zero while typing.

After15-16 days also when house hold items not reached the Complainant made complaint to O.P.No.1 but in reply O.P.No.1 told in case of police report the items will not reach Sambalpur. On 10.07.2022 the Complainant received a phone call from “Adhunik Movers and Packers”, who asked the Complainant to take his consignment from Baraipali, 7 KM away from the residence of Complainant.

The Complainant reluctantly rushed to the spot and found the language packets in vehicle No. PB 65AA 2424 fully loaded with goods of the company with the paper of “Tobor Pvt. Ltd.” dated 30.06.2022 which was coming from Banur, Punjab to Vishakhapatnam. The entire luggage of Rs. 10.00 lakhs were dumped in the truck, some packets were missing/stolen, others are turned/damaged, mishandled, broken, crushed and became worthless. The Complainant was forced to take his luggage packet from Bareipalu to his place of resident in a pick-up van by paying Rs. 4800/- online on 10.07.2022.

Ainthapali P.S. Case No. 0426 dated 14.07.2022 u/s 407/427/506 IPC was initiated on F.I.R. O.P.No.2 deputed surveyor and joint inspection made. The surveyor reported “The policy holder has lost many things due to damage and breakage during transportation. Several items were drenched and led to fungus and colour fading some are repairable but most of them are broken and damaged, non repairable.”

On claim the O.P.no.2 insurance company repudiated the claim. The O.P.No.1 against LR 45 for Rs. 10.00lakhs insurance policy of vehicle No. PB 65 AN-4951 issued LR-75 for Rs. 1.00 lakh. Articles were loaded in vehicle No. PB-65 AN 4951 on 24.06.2022 at Amitsar and reached destination on 10.07.2022 in another vehicle No. PB 65AA 2424 which started journey from Banpur, Punjab on 30.06.2022. The O.P.No.1 loaded the luggage on 24.06.2022 in vehicle No. PB 65AN 4951.

The Complainant being harassed filed this Complaint.

2. O.P.No.1 has been set ex-parte.
3. O.P.No.2 submitted that the insurer issued marine single transit Insurance policy to Dr. L.K. Verma bearing Policy No. 2005/251435355/00/000. Commencing from 25.06.2022 for the Cargo sum insured Rs. 1.00lakh and the subject matter insured was household items: New and old with the basis of valuation is depreciated value. The transit covered was lorry receipt No. 075 dated 25.06.2022. The mode of transit was sea, Rail, Air, Road, Courier premium paid was Rs. 3539.82P. The period was for 7 days. As per report dated 21.03.2023 of the surveyor household item were affected/damaged and observed ‘Nil claim”. The Subject consignment was dispatched through Lorry Receipt No. 045 dated 24.06.2022 but the policy was issued for Lorry Receipt No.075 dated 25.06.2022. Surveyor not recommended any loss for the consignment. The repudiation made by insurer is proper. The liability is on the O.P.No.1.
4. Perused the documents filed by the Complainant.

1. Photographs of email and quotation dated 17.06.2022 sent by O.P.No.1
2. Photo-copy of transaction of Rs. 10,000/- sent to O.P.No.1’s account on 22.06.2022.
3. Photocopy of list of items(88Nos) loading charges of Rs. 500/- and the loaded truck No. PB65AA 4951.
4. Photocopy of transaction of Rs. 20,000/- and Rs. 10,000/- sent to O.P.No.1 on 25.06.2022.
5. Photocopy of transaction of Rs. 2,000/- and Rs. 1500/- sent to O.P.No.1 on 26.06.2022.
6. Photocopy of transaction of Rs. 1500/- sent to O.P.No.1 on 27.06.2022.
7. Photocopy of insurance policy in the name of Complainant dated 30.06.2022.
8. Message of O.P.No.1 dated 10.07.2022.
9. Photocopy of loaded truck No. PB 65AA 2424 paper of Tobor Pvt. Ltd dated 30.06.2022 and payment transaction of Rs. 4800/- made on 10.07.2022.
10. Copy of FIR No. 426 dated 14.07.2022 of Ainthapali P.S.
11. Report of Surveyor dated 17.07.2022.
12. Claim repudiated message.
13. Notice to O.P.No1 through e-mail dated 01.07.2022 and whatsapp message dated 02.07.2022.
14. Photographs of the damaged articles and other photographs.

The O.P.No.2 insurer submitted following documents:

1. Copy of policy No. 2005/251435355/00/000 for Rs. 1.00lakh.
2. Survey Report of cogs Insurance surveyors & loss Assessors Pvt. Ltd. Report No. 24864 dated 21.03.2023.
3. Repudiation letter.

5. After perusal of the submissions and documents it is reveals that M/S Aggarwal fastway logistics, the O.P.No.1 submitted a quotation of Rs. 50,000/- vide quotation No. 317 dated 17.06.2022 in the name of Mamta Verma, Ranjit Anenue Amritsar.

The following amount has been paid by the Complainant to O.P.No.1 on different dates:

                                                    Total payment Rs. 50,300.00

The O.P.No.1 after receipt of advance amount of Rs. 10,000/- prepared list of 88 items for transportation. The household articles were loaded in vehicle No. PB 65AN 4951 on 24.06.2022 at Amritsar, Punjab but reached Sambalpur on 10.07.2022 through another vehicle No. PB 65AA 2424 started its journey from Banpur, Punjab on 30.06.2022. From this very fact it is clear that the O.P.No1 violated the contract. Within 7 days the articles not reached its destination to Sambalpur. By changing the vehicle not only the O.P.No.1 cheated the Complainant but mishandled the household items. The insurance was made for LR-74 amounting  to Rs. 1.00 lakh whereas the O.P.No.1 loaded the household articles in LR-45 in vehicle no. PB 65 AN 4951 made the insurance contract a complete violation of the terms and condition. The O.P.No.2 repudiated the claim on that ground.

The O.P. No.1 knowingly not made insured value Rs. 10.00 lakhs to make wrongful gain, caused damage to the property by mishandingly dumping the item and stolen/damage causing wrongful loss of the Complainant. It not only amount to deficiency in service but also unfair in trade practice.

The O.P.No.1 also agreed to reach the destination in time but failed to do so. The household items were delivered in Bareipali and the Complainant was compelled to pay transaction charges of Rs. 4800/-. The Complainant physically and mentally harassed by the O.P.No.1 and accordingly entitled for the compensation.

6. The Complainant has followed due procedure when the consignment not reached the destination in time. Ainthapali P.S. Case No. 0426 dated 14.07.2022 u/s 407/427/506 IPC has been lodged and information was provided to the insurer. From Survey report it reveals that the consignment reached the destination on 11.07.2022.

The following items were partially affected.

          Items                                                 Value

1. TV Lloyed 42”                                  Rs. 56,000/-
2. LG Washing Machine                        Rs. 24,000/-
3. Big Show-case(Wooden)                             Rs. 50,000/-
4. Fridge Samsung(192L)                      Rs. 17,000/-
5. Almirah Big                                                Rs. 25,000/-
6. AC Samsung (1.5ton)                        Rs. 37,000/-
7. Suitcase big                                       Rs. 10,000/-
8. Dinning set(4 seater)                          Rs. 20,000/-
9. Cutlery set crystal                               Rs. 40,000/-
10. Clothing , Sarees, Carpet 30 pairs Rs. 60,000/-

There was shortage of one set silver made cutlery set. Non-delivery of consignment, only for that reason F.I.R. was lodged. From joint inspection report the value of goods damaged are shown as Rs. 3,39,000/- by the surveyor which is damaged and the amount is recoverable from the O.P.No.1. Due care and caution has not been taken for delivery of the consignment. The surveyor has not reflected the value of stolen items.

7. For violation of terms and conditions of the insurance contract the O.P.No.2 repudiated the claim. Accordingly, the insurer is not liable, In the other hand the total liability shifts to the O.P.No.1 for its carelessness, harassment and mental torture to the Complainant.

Taking into consideration the circumstances of the case following order is passed:

ORDER

The complaint is allowed ex-parte against O.P.No.1 and dismissed against O.P.No.2 on contest. The O.P.No.1 is directed to pay a sum of Rs. 4.00 lakhs to-wards damage of the household items to the Complainant along with compensation of Rs. 5.00 lakhs and litigation expenses of Rs. 50,000/- within one month of this order. Incase of non-payment the entire amount shall cover 12% interest P.A. w.e.f. 11.07.2022 till realization.

Order pronounced in the open court on 2^nd day of Sept. 2024.

Supply free copies to the parties.