SATYAM TRADERS Vs. NATIONAL INSURANCE CO LTD AND ORS

JUDGEMENT

(1.) THIS order will govern disposal of Complaint No. 74/2009 between M/s. Satyam Jute Udyog Vs. National Insurance Co. (the No. of earlier Complaint 20/2006); Complaint No. 75/2009 between M/s. Shivam Jute Udyog Vs. National Insurance Co. (the No. of Earlier Complaint 19/2006) and Complaint No. 76/2009 between M/s. Goyal Jute Udyog Vs. National Insurance Co. (the No. of Earlier Complaint 21/2006) because the dispute involved in all the aforesaid complaints is similar in nature and the surveyor also has given one report as all the claimant firms belong to one single family, and the stock of all the firms allegedly damaged was stored in one single godown. In this order facts of Complaint No.74/2009 are being mentioned.

(2.) COMPLAINANT has filed present complaint under Section 17 (1) of Consumer Protection Act, 1986, seeking relief of compensation of Rs.49,99,800/ - against OPs together with interest @ 18% p.a. from the date of claim till final payment.

(3.) IT is worthwhile to mention that earlier this Commission dismissed the complaint on the principle of res judicata. The complainant had approached National Commission and the National Commission vide order dated 12.01.2010 allowed the appeal and directed this Commission to deal with the complaint in accordance with law. It was stated in the order that the respondents shall ensure that the investigator -cum -surveyor submits the report in 4 months and the same is filed before the State Commission. It was also stipulated that the complainants shall cooperate with investigator -cum -surveyor.