In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, Kolkata-700087.
CDF/Unit-I/Case No. 6 / 2011.
1) Peace Trade Concern,
6, Old Post Office Street, Kolkata-700001. ---------- Complainant
---Versus---
1) Ping An Property Insurance Company of China Ltd.,
Integrated Operation Centre, B1 Area,
4th Floor of No. 1 Building No. 1158 of Shanfeng Road, Pudong,
Shanghai City, China, ZIP-201201.
And also carrying on business in India through
Metcalfe & Hodgkinson Pvt. Ltd.,
Falt No. 412A, 4th Floor, Mansarovar, 90, Nehri Place, New Delhi-110019.
2) Tirupati Carrying Corporation,
34A, Maharshi Debendra Road, Kolkata-700006. ---------- Opposite Parties
Present : Sri Sankar Nath Das, President.
Smt. Jhumki Saha, Member.
Dr. A. B. Chakraborty, Member
Order No. 1 3 Dated 2 2 / 0 3 / 2 0 1 2 .
The petition of complaint u/s 12 of the C.P. Act, 1986 has been filed by the complainant Peace Trade Concern against the o.ps. Ping An Property and Casualty Insurance Co. of China Ltd. and another. The case of the complainant in short is that complainant being placed an order with the supplier / shipper M/s. Beijing Sinyiborui Chemical Plant, China against letter of credit no.LCI/07-3124 dt.18.6.07 for supply of Calcium Carbide. The dais shipper executed shipment of 198 drums of calcium carbide weighing 19.8 mt. under their invoice no.YLS070603 dt.3.6.07 on CIF for USD 10197 and under bill of lading no.HJSCXNG107958506 dt.16.6.07 from XINGANG, China to Kolkata Port in transit to Nepal by Road through o.p. no.2. The said consignment was insured with o.p. no.1 under cargo transportation insurance policy no.20330000702020700018 issued under Institute Cargo Clause “A” i.e. “ALL RISKS” from warehouse to warehouse upto final destination in Nepal.
The consignment arrived at Kolkata Port on or about 12.7.07 and the same were further transported from Kolkata through carriers / transporters of o.p. no.2 on 16.7.07. At the time of taking delivery from Birgunj, Nepal Custom Premises that 98 drums containing 5987 Kgs of calcium carbide was found damaged. Complainant lodged claim of USD 3531.64 for such loss that o.ps. and o.ps. remained silent in spite of receipt of ld. advocate’s letter sent by complainant. Hence, the case.
O.p. no.1 had entered its appearance in this case by filing w/v and denied all the material allegations labeled against them and prayed for dismissal of the case and the matter was heard ex parte as against o.p. no.2 as o.p. no.2 did not contest the case.
Decision with reasons:
We have gone through the pleadings of the parties, evidence and documents in particular. We find that o.p. no.1 appeared and filed w/v but did not adduce any evidence and further we find that o.p. no.2 did not contest the case at all by filing w/v. It appears from the record that the goods in question i.e. the consignment were under valid insurance coverage under o.ps. and it is found that 98 drums of calcium carbide containing 5987 kgs were found damaged and the onus lies with o.ps. since the consignment was under valid insurance coverage and o.ps. cannot shirk off the responsibility. It appears from the record that in course of transit from Kolkata to Beijing the articles were damaged. So both the o.ps. are liable for causing loss of complainant. in view of the findings above we are of the view that o.ps. had sufficient deficiency on their part being service provider to their consumer / complainant and the damage was assessed at Nepal by Marine Commercial Claims and complainant is entitled to relief as prayed for.
Hence, ordered,
That the petition of complaint is allowed on contest against o.p. no.1 and ex parte against o.p. no.2 with cost. O.ps. are jointly and severally directed to pay a sum of Rs.1,65,988/- (Rupees one lakh sixty five thousand nine hundred eighty eight) only to complainant together with interest @ 9% p.a. from the date of consignment till the date of realization and are further directed to pay compensation of Rs.10,000/- (Rupees ten thousand) only for his harassment and mental agony and litigation cost of Rs.5000/- (Rupees five thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 9% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.
Supply certified copy of this order to the parties.
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MEMBER MEMBER PRESIDENT
