JUNE-JULY FASHIONS Vs. DIVISIONAL MANAGER NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) The present complaint under section 21(a)(i) of the Consumer Protection Act, 1986 has been filed by a registered partnership firm carrying on its business under the name and style of June -July Fashions (hereinafter referred to as the Firm) at Madras. Opposite Party No. 1 is the National Insurance Company Ltd. through its Divisional Manager (hereinafter referred to as the Insurance Company). While Opposite party No. 1 -A is its Chairman. Opposite Parties Nos. 2 to 5 are the Transport Company and its partners (hereinafter referred in as the transporters).

(2.) ACCORDING to the allegations in the Complaint, the Firm purchases fabrics from various sources in Tamil Nadu and supplies them to the exporters in India and Nepal according to their specifications. On december 12,1989 at about 9.00 P.M. the Firm entrusted to the transporters three consignments (contained in many bales) of cotton and rayon power loom fabrics for being transported to three different consignees in Kathmandu, Nepal. (The details of the invoices are given in Para No. 3(ii) of the Complaint). The transporters issued three consignment notes dated December 30,1989. The consignments were to be transported to Kathmandu by lorry bearing registration No. AXK -7869 belonging to M/s. Royal Transport of India, an agent of the transporters. The Firm paid advance freight charges to the transporters. The consignments were to be delivered to the consignees within a period of 10 to 15 days. The Firm also got the consignments insured on December 30,1989 with the Insurance Company who issued three policies, details of which have been given in Para No. 3(v) of the complaint. The total amount for which the goods were insured works out to be Rs. 15,54,225/ -. The consignments did not reach the concerned lorry office in Kathmandu of the consignees. After expiry of reasonable time, enquiries were instituted along the route of the lorry. The lorry's path could be traced up to Jamsola (Orissa -Bihar border) where it had reached on January 2, 1990 and thereafter its whereabouts or that of goods were not known. The Firm informed the transporters about the loss of the goods. The transporters informed them that the said goods had been lost. The transporters also filed a complaint with the police at Madras and on its basis First Information Report was registered. The police could not make much headway in the investigations.

(3.) IT is not necessary to dwell upon all the pleas taken by the Insurance Company in its written statement as most of those pleas were not urged before us. The pleas which were raised on its behalf before us are contained in Paras No. 4(vii) and 4(viii) of the written statement and those paras read as follows : -