FORECH INDIA LIMITED Vs. IFFCO TOKIO GENERAL INSURANCE CO LTD
DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Forech India Limited
IFFCO TOKIO GENERAL INSURANCE CO LTD
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Anil Srivastava, J. -
(1.) This complaint has been filed in this Commission under Section 17 of the Consumer Protection Act, 1986, the Act, by M/s. Forech India Limited, for short complainant, against IFFCO Tokio General Insurance Co. Ltd. (hereinafter referred to as the OP) alleging deficiency in service in repudiating their just legitimate claim and praying as under:
"(i) Produce the survey report of the surveyor for perusal of the Hon'ble Commission and to provide a copy thereof to the complainant company.
(ii) Pay an amount of Rs.28,97,530/- alongwith interest pendentilite and future thereon @12% p.a. may be declared payable to the complainant company by the OP and the OP may be directed to pay the said amount to the complainant Company within 30 days of the order of this Hon'ble Commission.
(iii) Cost of the complainant may be awarded in favour of the complainant Company; and
(iv) Pass such further order or orders as may deem fit and proper in the circumstances of the case."
(2.) Facts of the case necessary for the adjudication of the complaint are these.
(3.) The complainant purchased two machines from Leyland Rubber Component Ltd. Centurian Way, Farington, Leyland, Lankashire (UK) for an amount of 1,20,000/- pounds (one lakh, twenty thousand pounds only). The complainant had insured the aforesaid machinery with the Op by obtaining a Marine Cargo Policy for a sum assured of Rs.1,90,00,000/-. The said policy covered the goods from ware house to ware house in UK to the works of the complainant at Rai, Sonepat Haryana. The agreed mode of transport was sea/ rail/ road. The vendor namely Leyland Rubber Component Ltd. dispatched the goods vide single liner bill of lading dated 23.06.2007 in 9 containers. The two machines in nine containers were received at Inland Container Deport, Tughlakabad on different dates as detailed below:
The said nine containers since dispatched vide single liner bill of lading, they could be cleared only on arrival of all the nine containers.;
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