M.THANIKACHALAM J. - (1.) The 1st Respondent as complainants filed a complaint before the District Forum against the opposite parties praying for the direction to the opposite parties to pay Rs.3,37343/- with 24% interest p.a., alongwith compensation of Rs.1 lakh and cost of Rs.3000/-. The District Forum dismissed the complaint. Against the said order, this appeal is preferred praying to set aside the order of the District Forum dt.19.4.2007 in OP.No.74/2000. This petition coming before us for hearing finally on 28.1.2011. Upon hearing the arguments of the counsels on both sides, perusing the documents, lower court records, and the order passed by the District Forum, this commission made the following order: The 1st opposite party, who suffered an adverse order, in the hands of the District Forum, Tuticorin, in CC.No.74/2000, as per order dt.19.4.2007, is the appellant.
(2.) The complainant/ 1st respondent, who is carrying on export business, had consigned 1250 bags of Indian Palkkadan Matta rice, worth about Rs.3,37,343/-, to their customer/consignee/2nd opposite party, which was insured with the 1st opposite party/ appellant, under the policy No.651101/21/4301288/98.
(3.) The consignment reached the port of Dubai, where it was found out that the rice was damaged, not fit for human consumption. Therefore, after completion of insurance survey, as directed by Dubai Health Department, the entire consignment was destroyed. The consignee viz. the 2nd opposite party has also not paid the value of the consignment, insisting the complainant, to approach the 1st opposite party, for claim under the policy. Despite several personal contact, through letters, including legal notice, calling upon the 1st opposite party to settle the claim, they failed, thereby committed not only negligent act, but also deficiency in service. Even till today, the claim was not settled, or even repudiated. Under the said circumstances, since the complainant suffered not only monetary loss, but also mental agony, this consumer complaint has been filed, for the recovery of the value of the consignment, as well for the recovery of a sum of Rs.1 lakh as compensation, alongwith cost.;