Jagannath Bag, Member - (1.) THE present appeal is directed against the Order of the learned District Consumer Disputes Redressal Forum, Kolkata, Unit -II, dated 22.6.2012, in CC No. 381 of 2010 whereby, learned Forum below dismissed the complaint on contest without cost. The complaint case, briefly stated, was as follows: The Complainant is a proprietorship firm with Smt. Kamala Dugar as its proprietress carrying on business of designer sarees, suits and dress materials for her livelihood. She sent goods valued at Rs. 4,99,900 to Smt. Nitu Hirawat at Bangalore. The goods were given to OP No. 2, namely, Green Express, who by profession is a carrier and who accepted the consignment with the understanding that they would send the goods to the destination and addressee in proper condition. Before sending the consignment the Complainant obtained a Marine Cargo Policy for covering risk out of the said consignment. The consignment reached its destination on 21st July, 2008, but the addressee refused to accept the same as the goods of the consignment were damaged and understandably not in proper quantity. The Complainant found that the goods amounting to Rs. 4,01,600 was stolen and the goods worth Rs. 30,500 was damaged as per the certificate issued by the carrier, Green Express. The Complainant informed the matter to the Insurance Company on 22nd July, 2008 and submitted her claim to the OP No. 1 on 17th October, 2008. A Surveyor was appointed by OP No. 11, but no action in regard to payment of insurance claim being taken, legal notice was served upon OP No. 1. No settlement of claim being made by the OPs, the complaint was filed before the learned Forum below with the prayer for direction upon OP No. 1 to pay Rs. 4,01,600 due to loss of the goods by theft and Rs. 30,500 as loss of goods by damage along with 12% interest and litigation cost of Rs. 20,000.
(2.) THE complaint was contested by the OP Insurance Company by filing of written version wherein it was contended, inter alia, that there was non -joinder of parties insofar as, though Ravi Enterprises and Railway Authorities were involved in the matter, they were not made parties, that the Complainant did not obtain the Marine Cargo Policy prior to sending of the consignment and that though as per declaration by the insured, the goods would have been sent by road, the goods were sent by rail and the weight of the goods received by Green Express was 250 kgs, though the goods actually received by Rabi Enterprises from Green Express was 180 kg. The Complainant did not produce any supportive/sufficient document to prove the alleged theft. The settlement of the claim could not be made as the Complainant could not supply necessary documents as required by the OP No. 1. The OP filed evidence on affidavit stating, inter alia that the Complainant obtained the insurance policy on 17.7.2008 from them, but the consignment was made on 16.7.2008. Learned Forum below upon examination of the documents and hearing of arguments observed that the 'policy was obtained on 17.7.2008 after delivery of the goods to the carrier for dispatch to the consignee Nitu Hirawat'. It was also observed that after alleged theft, no FIR was lodged by OP No. 2 or Ravi Enterprise. The documents placed by the Complainant not being relied upon, it was concluded that the goods were not covered by any insurance on the date of their dispatch, i.e., 16.7.2008. Accordingly, the Complainant not being considered as a consumer, the complaint was dismissed.
(3.) BEING aggrieved by and dissatisfied with the order of the learned Forum below, the Appellants have come up before this Commission with prayer for orders for setting aside the impugned order dated 22.6.2012 and also for allowing the complaint.;