Sri. George Baby (President):
The complainant has filed this petition u/s.12 of the C.P. Act 1986 for getting a relief from the opposite parties.
2. The complainant is an authorized rubber dealer and her license number is D143-495 which is valid from 01/04/2016 to 31/02/2021. The complainant is running her business at Mulakkuzha Panchayath in Alappuzha District from 2014 onwards under the name and style M/S. CC Rubbers. That the complaint is running the said establishment after obtaining proper license from the consent Panchayath. The complainant’s establishment is for the purpose of procurement of natural rubber sheets and different types of runner scraps from different vendors of the locality on payment of market rates. The complaint is properly issued the bills to the sellers as she is competent to do so. That the complainant’s shop is insured with the opposite party under the shop keepers insurance policy,vide policy No.570603591710000004 and the period of cover was 16/11/2017 to 15/11/2018. During the flood occurred on 15/08/2018 water entered in to the shop room and caused damage to rubber sheets and rubber scraps. Kept in the shop room and there by cause financial loss of Rs.5,82,020/- to the complainant. Subsequently to that the damaged rubber sheets and scrap sold to M/s. St.Marry’s Rubbers, Kottayam who submitted highest quotation for Rs.1,83,640/-. All these matters were properly intimated to the opposite party and they settled the claim by allowing an amount of Rs.1,52,000/- only. In the said circumstances these complaint is entitled to relies the balance amount of Rs.2,46,380/- from the opposite party. The complainant more than once approached the opposite party with request to pay the above said amount of Rs.2,46,380/-. Complainant is issued legal notice to the opposite party for the said purpose, but has not yield any positive result. The opposite party’s above said act came to much metal agony and financial loss to the complainant. The complainant pray for the realization of balance amount of Rs.2,46,380/- with 12% interest along with compensation of Rs.50,000/- and cost of proceedings.
3. In the notice form this Forum the opposite party had appeared through counsel. The opposite party had not filed their version end on 16/05/2019 there was no representation from the part of the opposite party. When the case was called and hence on the same day the opposite party set ex parte.
4. In this case we have to consider the following issues:-
1. Whether the complaint is allowable?
2. Regarding cost and Relief?
5. In order to prove the case of the complainant she filed a proof affidavit in lieu of chief examination and Exhibit A1 to A10 series was marked. A1 is the license dated 16/03/2016 issued by the rubber board in favour of the complainant. A2 is the license dated 09/05/2018 issued by the mulakkuzha Grama Panchayath in favour of the complainant. A3 is the copy of the insurance certificate of policy bearing No.570603591710000004 issued by opposite party in favour of complainant. A4 series is the copy of counter foils of purchase bill dated 14/08/2018 of CC rubbers. A5 is the copy of the complaint to the surveyor given by the complainant. A6 is the quotation dated 31/08/2018 in favour of the complaint by St.Marry’s Rubber, Kottayam. A7 is the copy of the cash bill issued by the St.Marry’s Rubber, Kottayam. A8 is the copy of the statement of account of CC Rubbers from 01/04/2018 to 31/03/2019. A9 series are the copy of legal notice and postal receipt. A10 series are the posted acknowledgment cards. After the closure of evidence we heard this complainant.
6. Point No.1&2:- For the sake of convenience we would consider Point No.1 & 2 together. The complainant’s case is that she is conducting a rubber dealer shop under the name and style of M/s. CC rubbers at Mulakkuzha since 2014 after completing all the necessary formalities. The complainant such contention is proved though Exhibit A1 to A2. The complainant’s above said establishment is engaged with the procurement of rubber sheets and scraps and the same are collected from the local rubber cultivators on payment of market value of the products. The complainant shop was insured with the opposite party under shop keepers insurance scheme and the policy was in force from 16/11/2017 to 15/11/2018 and the same is evident though exhibit A3. Due to the heavy flood occurred on 15/08/2018 water entered in to the shop room of the complainant and that occasion there was a stock of 3400 kg Natural rubber sheets and 2116 kg rubber scraps were kept in the shop room and the value of such articles come to Rs.5,82,020/- and the entire rubber sheets and scrap were damaged. According this complainant subsequently to the said incident damaged rubber sheets and scrap were sold to M/s.St.Mary’s Rubber, Kottayam for Rs.1,83,640/-. For proving that aspect the complaint has produced Exhibit A6 and A7. We meticulously perused both these documents and from exhibit A7 it is convinced that the complainant had sold 2900 kg natural Rubber and 2000 kg field Coagulum to M/s.St.Mary’s Rubbers Kottayam and obtained Rs.1,84,800/- instead of mentioned amount of Rs.1,83,640/-. The complainant’s contention is that she had paid Rs.127/- per kg to the Natural Rubber and Rs.65/- per kg in the scrap to the vendors. But for determining the quality of natural Rubber and scarp we have taken in to account Exhibit A7. Nothing convincing evidence has been produced by the complainant to prove that there was a stock of 3004 kg natural Rubber and 2116 kg rubber scarp in her shop on the fateful day as she alleged in the affidavit. There is no contra evidence to the price of natural rubber per kg is Rs.127/- and price of scrap per kg is Rs.95/- and hence we took the said price index for determination of loss of the complainant. On the basis of the available records we found that the complainant had suffered the pecuniary loss of Rs.5,58,300/- in the following manner loss of amount an account of natural rubber is 2900 kg X Rs.127 = 3,68,300/- loss of amount on account of scrap is 2000kg X Rs.95 = 1,90,000/- total 3,68,300+1,90,000=5,58,300/- .
7. The complainant averred that after the flood the opposite party had paid only an account of Rs.1,52,000/- as the compensation for the loss and factum of said payment was proved through Exhibit A8. That amount is very meager when compared with the actual loss suffered to the complainant. It has come out in evidence that the complaint had pleaded for the settlement of reaming claim at the earliest A9 series are the copy of the legal notice and its postal receipts. A10 series are the acknowledgment cards. Even though such measures were opted by the complainant, the opposite party has not settled her claim. The complainant’s specific contention is that she entitled to get the reaming amount from the opposite party as she is a valid policy holder.
8. In this juncture, we have gone through exhibit A3 policy certificate and convinced that the policy was valid from 16/11/2017 to 15/11/2018 Exhibit A3 it is crystal clear that stock in trade rubber scarp was insured for Rs.2,50,000/- and the stock in trade rubber sheet was insured for Rs.15,00,000/-. In the said situation we have not seen any justifiability in reducing the compensation as Rs. 1,52,000/- by the opposite party. As we already found that the compliant has suffered the monitory loss of Rs.5,58,300/-. It is the admitted fact that she had received an amount of Rs.1,84,800/- through the sale of damaged rubber articles and received Rs.1,52,000/- from the opposite party as compensation. Both these amount comes to Rs.3,36,800/- . At any rate the opposite party is liable to quantify the loss of the complaint in the tune of Rs.2,21,500/-. As valid policy holder the complainant is entitled to the same and denial of said amount to the complainant is a clear deficiency in services. In this case it is true that the opposite party gets ex parte and evidence adduced by the complaint is remained unchallengeable. When we evaluate the evidence before us, it is to say that complaint provides her case successfully and as per the available evidence before us we can see that the opposite party is liable to compensate the complainant. Hence the complaint is allowable. Point No. 1 & 2 are also found in favour of the complainant.
9. In the light of above said discussion and after the verification of the entire matter. It is found that the opposite party had committed clear deficiency in service, gross negligence, and dereliction of duty and breach of contract against the complainant.
10. In the result for the ends of Justice we pass the following order.
1. The opposite party is directed to pay an amount of Rs.2,21,500/- (Rupees Two Lakh Twenty One Thousand Five Hundred Only)to the complainant with 10% interest from the date of order onwards.
2. The opposite party is pay an amount of Rs.10,000/- (Rupees Ten Thousand Only)to the compliant an compensation within one month from the date of receipt of this order for the deficiency in service gross negligence and imperfection committed by him.
3. It is further order that the opposite party him to pay a sum of Rs.5,000/- (Rupees Five Thousand Only) as a cost to the complainant. Complaint allowed.
Dictated to the Confidential Assistant, transcribed and typed by her, corrected by me and pronounced in the Open Forum on this the 31stday of October, 2019.
(Sd/-)
George Baby,
(President)
Smt. N. ShajithaBeevi (Member) : (Sd/-)
Appendix:
Witness examined on the side of the complainant:Nil.
Exhibits marked on the side of the complainant:
A1: License dated 16/03/2016 issued by the rubber board in favour of the
complainant.
A2: License dated 09/05/2018 issued by the Mulakkuzha Grama Panchayath
Infavour of the complainant.
A3: Copy of the insurance certificate of policy bearing No.570603591710000004
issued by opposite party in favour of complainant.
A4 Series: Copy of counter foils of purchase bill dated 14/08/2018 of CC
rubbers.
A5: Copy of the complaint to the surveyor given by the complainant.
A6: Quotation dated 31/08/2018 in favour of the complaint by St.Marry’s
Rubber, Kottayam.
A7: Copy of the cash bill issued by the St.Marry’s Rubber, Kottayam.
A8:Copy of the statement of account of CC Rubbers from 01/04/2018 to
31/03/2019.
A9 Series: Copy of legal notice and postal receipt.
A10: postal acknowledgment cards.
Witness examined on the side of the opposite parties:Nil.
Exhibits marked on the side of the opposite parties: Nil.
Copy to:-
1.Suma Thomas,
M/s.CC Rubbers, Mulakkuzha Panchayath, IV/193C, Alappuzha.
2.The Branch Manager,
National Insurance Co. Ltd., Thiruvalla Branch,
1st Floor, Ennakkattil Estate, Near KSRTC Bus Stand,
Thiruvalla, (Set Ex parte on 16/05/2019 ).
3. The Stock File.
