w w w . L a w y e r S e r v i c e s . i n



M/s. Star Packaging v/s Indian Oil Corporation Ltd. & Others


Company & Directors' Information:- STAR INDIA PRIVATE LIMITED [Active] CIN = U72300MH1994PTC076485

Company & Directors' Information:- PACKAGING INDIA PRIVATE LIMITED [Amalgamated] CIN = U74950TN1989PTC046718

Company & Directors' Information:- R T PACKAGING LTD [Active] CIN = U74999HR1993PLC032169

Company & Directors' Information:- B & A PACKAGING INDIA LIMITED [Active] CIN = L21021OR1986PLC001624

Company & Directors' Information:- M H PACKAGING (INDIA) LIMITED [Active] CIN = U25202GJ2005PLC046041

Company & Directors' Information:- PACKAGING INDIA PRIVATE LIMITED [Not available for efiling] CIN = U99999PY1989PTC000652

Company & Directors' Information:- A J PACKAGING LIMITED [Active] CIN = U74999TG1995PLC020965

Company & Directors' Information:- N L PACKAGING PRIVATE LIMITED [Active] CIN = U21090MH2010PTC201464

Company & Directors' Information:- B. H. PACKAGING PRIVATE LIMITED [Active] CIN = U21014MH2009PTC195516

Company & Directors' Information:- S. S. T. PACKAGING PRIVATE LIMITED [Active] CIN = U21098WB2016PTC209238

Company & Directors' Information:- R S M PACKAGING PRIVATE LIMITED [Active] CIN = U25202DL2005PTC135632

Company & Directors' Information:- G S N PACKAGING PRIVATE LIMITED [Active] CIN = U51909WB2011PTC162126

Company & Directors' Information:- L. N. PACKAGING PRIVATE LIMITED [Active] CIN = U25209TG1998PTC028902

Company & Directors' Information:- M. D. PACKAGING LIMITED [Active] CIN = U25202DL1996PLC078981

Company & Directors' Information:- P K PACKAGING PRIVATE LIMITED [Active] CIN = U36900AS2020PTC020340

Company & Directors' Information:- K. B. PACKAGING PRIVATE LIMITED [Strike Off] CIN = U25202MH2006PTC164868

Company & Directors' Information:- S J PACKAGING PRIVATE LIMITED [Active] CIN = U74899DL1995PTC074048

Company & Directors' Information:- A A PACKAGING PRIVATE LIMITED [Active] CIN = U21014WB2009PTC135731

Company & Directors' Information:- P. N. PACKAGING PRIVATE LIMITED [Active] CIN = U74999MH2017PTC301297

Company & Directors' Information:- M H PACKAGING PRIVATE LIMITED [Active] CIN = U25202DL2005PTC136943

Company & Directors' Information:- G N PACKAGING PRIVATE LIMITED [Active] CIN = U21014TG1997PTC026517

Company & Directors' Information:- K R PACKAGING PRIVATE LIMITED [Active] CIN = U74950DL2002PTC115664

Company & Directors' Information:- L N P PACKAGING PRIVATE LIMITED [Active] CIN = U74990TN2010PTC076015

Company & Directors' Information:- S. L. PACKAGING PRIVATE LIMITED [Active] CIN = U21014WB2007PTC117459

Company & Directors' Information:- A K S PACKAGING COMPANY PRIVATE LIMITED [Strike Off] CIN = U74899DL1991PTC044470

Company & Directors' Information:- N. G. PACKAGING PRIVATE LIMITED [Active] CIN = U21014DL2010PTC200148

Company & Directors' Information:- J D PACKAGING PRIVATE LIMITED [Active] CIN = U25202MH1999PTC121188

Company & Directors' Information:- INDIAN PACKAGING COMPANY PRIVATE LIMITED [Under Liquidation] CIN = U21014WB1995PTC072865

Company & Directors' Information:- S A PACKAGING PRIVATE LIMITED [Active] CIN = U74899DL1994PTC061750

Company & Directors' Information:- D. I. PACKAGING PRIVATE LIMITED [Active] CIN = U21098DL2006PTC156833

Company & Directors' Information:- S R G PACKAGING PRIVATE LIMITED [Active] CIN = U74950DL2003PTC119676

Company & Directors' Information:- P S PACKAGING PVT LTD [Active] CIN = U25202HR1997PTC033807

Company & Directors' Information:- R M PACKAGING PVT LTD [Active] CIN = U19202WB1990PTC048606

Company & Directors' Information:- P G PACKAGING PRIVATE LIMITED [Active] CIN = U21000MP2010PTC024928

Company & Directors' Information:- R P J PACKAGING PVT LTD [Active] CIN = U74950WB1990PTC048639

Company & Directors' Information:- S AND S PACKAGING PRIVATE LIMITED [Active] CIN = U21014UP1993PTC015459

Company & Directors' Information:- STAR COMPANY LIMITED [Strike Off] CIN = U67120WB1927PLC005620

Company & Directors' Information:- R V L PACKAGING INDIA PVT LTD [Amalgamated] CIN = U18101MH1997PTC109511

Company & Directors' Information:- M R PACKAGING PRIVATE LIMITED [Active] CIN = U27200WB2020PTC242251

Company & Directors' Information:- K N R PACKAGING INDIA PRIVATE LIMITED [Active] CIN = U02102TZ2004PTC011024

Company & Directors' Information:- K V M PACKAGING PRIVATE LIMITED [Active] CIN = U74899DL1989PTC035862

Company & Directors' Information:- R. V. PACKAGING PRIVATE LIMITED [Active] CIN = U36900HR2020PTC086930

Company & Directors' Information:- A S R PACKAGING PRIVATE LIMITED [Active] CIN = U02102TZ1999PTC008829

Company & Directors' Information:- M I PACKAGING PRIVATE LIMITED [Active] CIN = U21014GJ2010PTC060865

Company & Directors' Information:- P K PACKAGING PRIVATE LIMITED [Strike Off] CIN = U74950HR2002PTC034840

Company & Directors' Information:- A.T. PACKAGING PRIVATE LIMITED [Strike Off] CIN = U74950HR2006PTC036419

Company & Directors' Information:- G A S PACKAGING PRIVATE LIMITED [Active] CIN = U51909MH1998PTC117485

Company & Directors' Information:- L AND S PACKAGING PRIVATE LIMITED [Strike Off] CIN = U60100TG1996PTC025522

Company & Directors' Information:- H G J PACKAGING PRIVATE LIMITED [Strike Off] CIN = U21015UP1986PTC008177

Company & Directors' Information:- A N PACKAGING PRIVATE LIMITED [Active] CIN = U25202DL2005PTC140765

Company & Directors' Information:- R S L PACKAGING PVT LTD. [Strike Off] CIN = U21022WB1989PTC046929

Company & Directors' Information:- R M K PACKAGING PRIVATE LIMITED [Converted to LLP] CIN = U25202MH1989PTC050463

Company & Directors' Information:- S R PACKAGING PVT LTD [Strike Off] CIN = U74950GJ1995PTC025896

Company & Directors' Information:- D V S PACKAGING PRIVATE LIMITED [Active] CIN = U25202DL2005PTC138480

Company & Directors' Information:- I S R PACKAGING PRIVATE LIMITED [Active] CIN = U21012UP1991PTC012975

Company & Directors' Information:- L R PACKAGING PRIVATE LIMITED [Active] CIN = U21020DL2014PTC267118

Company & Directors' Information:- H P PACKAGING PRIVATE LIMITED [Active] CIN = U25209DL2006PTC156771

Company & Directors' Information:- P & T PACKAGING PRIVATE LIMITED [Active] CIN = U74950HR2010PTC040270

Company & Directors' Information:- STAR T V PRIVATE LIMITED [Strike Off] CIN = U51395UP1985PTC007023

Company & Directors' Information:- M P PACKAGING CO PVT LTD [Strike Off] CIN = U25202MP1982PTC001970

Company & Directors' Information:- R C PACKAGING PRIVATE LIMITED [Strike Off] CIN = U28129MH1998PTC115353

Company & Directors' Information:- STAR OF INDIA LIMITED. [Strike Off] CIN = U99999CH1946PLC001119

Company & Directors' Information:- G S PACKAGING PVT LTD [Active] CIN = U21029OR1988PTC001981

Company & Directors' Information:- J S PACKAGING PVT LTD [Strike Off] CIN = U21022WB1988PTC044146

Company & Directors' Information:- V J PACKAGING COMPANY PRIVATE LIMITED [Strike Off] CIN = U25202DL2005PTC136286

Company & Directors' Information:- N S PACKAGING PRIVATE LIMITED [Active] CIN = U51909DL1998PTC096663

Company & Directors' Information:- H. L. PACKAGING PRIVATE LIMITED [Strike Off] CIN = U74120DL2008PTC173885

Company & Directors' Information:- M M PACKAGING PRIVATE LIMITED [Strike Off] CIN = U21040OR2004PTC007615

Company & Directors' Information:- A. S. STAR PRIVATE LIMITED [Active] CIN = U74999RJ2016PTC056637

Company & Directors' Information:- N M PACKAGING PRIVATE LIMITED [Amalgamated] CIN = U25202MH1998PTC115143

Company & Directors' Information:- D-G-R- PACKAGING PRIVATE LIMITED [Active] CIN = U74999MH2016PTC283816

Company & Directors' Information:- P. J. PACKAGING PRIVATE LIMITED [Active] CIN = U74999MH2017PTC302513

Company & Directors' Information:- J S R PACKAGING PRIVATE LIMITED [Strike Off] CIN = U21029DL2004PTC127947

Company & Directors' Information:- J C PACKAGING PRIVATE LIMITED [Strike Off] CIN = U21029DL2004PTC128333

Company & Directors' Information:- S T PACKAGING PRIVATE LIMITED [Active] CIN = U25202DL2005PTC143979

Company & Directors' Information:- R S T PACKAGING PRIVATE LIMITED [Active] CIN = U74140DL2014PTC273027

Company & Directors' Information:- N D PACKAGING PRIVATE LIMITED [Active] CIN = U74999DL2004PTC128047

Company & Directors' Information:- STAR O & M PRIVATE LIMITED [Active] CIN = U74999DL2015PTC281303

Company & Directors' Information:- J W M PACKAGING PRIVATE LIMITED [Active] CIN = U74899DL2004PTC130600

Company & Directors' Information:- K. D. STAR PRIVATE LIMITED [Active] CIN = U45201GJ2011PTC067973

Company & Directors' Information:- J K PACKAGING PVT LTD [Active] CIN = U74950GJ1995PTC025819

Company & Directors' Information:- A S M PACKAGING PRIVATE LIMITED [Strike Off] CIN = U25202DL2005PTC135655

Company & Directors' Information:- M M PACKAGING LTD [Strike Off] CIN = U21015CH1988PLC008879

Company & Directors' Information:- STAR LTD. [Dissolved] CIN = U99999MH1921PTC000957

    First Appeal No. 731 of 2015 in Complaint No. 14 of 2011

    Decided On, 03 November 2015

    At, National Consumer Disputes Redressal Commission NCDRC

    By, THE HONOURABLE MR. JUSTICE V.B. GUPTA
    By, PRESIDING MEMBER & THE HONOURABLE MR. PREM NARAIN
    By, MEMBER

    For the Appellant: Sanjiv Sagar, Advocate. For the Respondents: -----.



Judgment Text

1. Delay condoned.

2. Appellant/Complainant has preferred this appeal against impugned order dated 31.07.2015, passed by Consumer Disputes Redressal Commission, Rajasthan, Jaipur (for short, State Commission) in Consumer Case No.14/2011.

3. Appellant filed a consumer complaint on the averments that it is a proprietorship firm and is engaged in manufacturing of corrugated boxes, paper rolls and paper sheets in its premises. The appellant’s unit is adjacent to the depot of Indian Oil Corporation Ltd. (IOCL). A huge fire took place on 29.10.2009 in the depot of IOCL, which caused huge damage and loss to the appellant’s firm. An FIR was lodged in the matter. The appellant submitted it claim to the IOCL on 4.11.2009 with a copy of the assessment of loss to the extent of Rs.10,92,400/- + Rs.1,65,000/- done by the appellant’s surveyor. The respondent no.2 (RIICO), issued a public notice on 11.12.2009 for providing ad-hoc relief to the units, which suffered loss due to the incident. The appellant in response to the aforesaid notice got the loss assessed by an IRDA Surveyor, who assessed the loss to the extent of Rs.10,60,326/-. The IOCL had obtained a third party indemnification policy from the New India Assurance Company Ltd. / Opposite Party No.3, but despite completing the formalities and sending various reminders, respondents did not settle the claim.

4. Hence, complaint was filed against the respondents, praying that appellant be awarded an amount of Rs.10,13,826/- the actual loss, alongwith interest at the rate of 18% per annum from 29.10.2009 till its actual payment and Rs.10,00,000/- as compensation for harassment and deficiency in service plus Rs.20,00,000/- against compensation for economic loss and Rs.25,000/- for cost of proceedings i.e. in all Rs.40,38,826/-.

5. The IOCL, Respondent No.1 in its reply submitted, that appellant has neither bought any goods nor hired any services for consideration from it and there is no privity of contract between the appellant and respondent no.1. It had obtained an Umbrella Public Liability Policy form the insurance company to cover third party claims arising out of accidents. The IOCL paid Rs.50 crores as a gesture of goodwill to proportionally make good any losses suffered by the units as a result of fire that took place in its depot. The claim submitted by the appellant was forwarded to the insurance company, but it could not be settled for want of documents from the appellant. The IOCL is not liable to indemnify the appellant for any loss and hence, the complaint be dismissed.

6. The RIICO, Respondent No.2 herein, in its reply has stated that appellant is a commercial unit and hence, it is not competent to file the complaint. Though, a fire took place on 29.10.2009 in the IOCL depot and it releases Rs.50 crores as ad hoc relief to the units, which suffered loss in the fire. The State Government authorized respondent no.2 for disbursement of ad hoc relief as per directions of the High Court in various writs pending before it. Rs.25,000/- were instantly given to the appellant. As per the assessment of loss made by the surveyor of the appellant, who assessed the loss to the extent of Rs.9.31,000/- an amount of Rs.3,80,391/- i.e. 40.85% determined by the committee, was paid to the appellant on 23.04.2010. The appellant does not come within the definition of consumer and hence, the complaint be dismissed.

7. The Insurance Company, Respondent No.3 in its reply has submitted that IOCL and other petroleum companies had obtained an Umbrella Public Liability Insurance Policy and appellant has not been insured under the policy. There is no privity of contract between the appellant and the insurance company and hence, it is not a consumer vis--vis IOCL. The policy taken by IOCL seeks to indemnify against any liability fastened upon it in pursuance of any legal suit or action brought against it and there is no judgment yet of any liability against the IOCL. Moreover, General Condition No.9.9A of the policy provides that the insurance company is not liable to indemnify the claimant, if it is insured by any other policy. In the present matter, the appellant has obtained an insurance policy from the Universal Sompo General Insurance Company Ltd. and hence, insurance company is not liable to indemnify the appellant. The insurance company has paid an amount of Rs.36,000/- against the loss.

8. The authorized surveyor assessed the loss to appellant to the extent of Rs.69,000/- on reinstatement value and to the tune of Rs.60,000/- on the market value, whereas the appellant has already received a sum of Rs.25,000/- + Rs.3,80,391/- against the damage caused on account of the incident, in addition to Rs.36,000/- paid by insurance company. Thus, appellant had already received compensation in excess to the damage as assessed by the surveyor. The appellant is seeking unjust enrichment at public expenses, though it has already been compensated. Further, the insurance company is not liable under the Exclusion Clause No.8 for the loss arising out of deliberate, willful or intentional non-compliance of any statutory provisions and intentional disregard of the insured’s technical or administrative management to take all reasonable steps to prevent the loss. In the present matter, the police submitted charge sheet No.123/2010 against the officers of the IOCL, which shows gross disregard of the statutory provisions for the safety of the depot and hence, the complaint be dismissed.

9. The State Commission, vide impugned order dismissed the complaint.

10. We have heard learned counsel for the appellant and gone through the record.

11. State Commission in its impugned order observed;

'12. Thus, it is amply clear that the complainant has not only been compensated by its own Insurance Company by making a payment of Rs.36,000/-, but the RIICO (OP No.2) has also made a payment of Rs.3,80,391/- + Rs.25,000/- i.e. Rs.4,05,391/- against the loss to its premises due to fire that took place at the Depot of IOCL. As discussed earlier, Mr. Manoj Bhargava, complainant’s surveyor assessed the loss to the extent of Rs.10,13,826/- and Nav Bharat Nirman Company, another surveyor of the complainant assessed the loss to the extent of Rs.10,92,400/- against the repairs and reconstruction. On the other hand the Protocol Surveyor, the IRDA licenced surveyor assessed the loss to the extent of Rs.69,000/- on the reinstatement value basis and Rs.60,720/- on the market value basis. As discussed earlier, the Survey Report submitted by the Insurance Company is more reliable and which has not been controverted by the complainant and therefore, there is nothing on record to disbelieve the Survey Report of Protocol Surveyor, who assessed the loss only to the extent of Rs.69,000/-. It is noteworthy to mention here that the complainant’s Insurance Company itself indemnified the complainant only to the extent of Rs.36,000/- against the claim of Rs.1,50,000/- by the complainant and he has further been compensated to the extent of Rs.4,05,391/- by the RIICO as ad hoc relief and thus, the complainant has already received compensation in excess to the loss suffered by it. Therefore, we are in agreement with the contention of the learned counsel for the OPs that the complaint cannot be allowed to unjustly enrich itself at the cost of public exchequer.

13. It is true that as per the public notice dated 11.12.2009 of RIICO (OP No.2), the ad hoc relief has not to affect individual insurance/ third party claims of the units. But we are of the view that this term and condition of the notification can only bind the State Government or the RIICO, but not the Insurance Company as the latter is not a privy to the notification. We are in agreement with the contention of the learned counsel for the Insurance Company that when the complainant has already been compensated out of money (Rs.50 crore) provided by the IOCL, then the former cannot be re-compensated for the same loss under the Public Liability (Industrial Risks) Insurance Policy held by the IOCL, particularly when it has received a compensation in excess to the loss sustained by it in the incident. For the aforesaid reasons, the complainant is not entitled to get any damages/compensation from the Opposite Parties and the present complaint of the complainant is liable to be dismissed.'

12. Appellant in the present case has admittedly, received certain amounts as compensation provided by I.O.C.L, Government and State Government. Learned counsel for appellant during the course of arguments has fairly conceded that appellant has already received certain compensation from above authorities. However, appellant for reasons best known to her has not mentioned all these relevant and important facts in her complaint. Thus, it is manifestly clear, that appellant has concealed the material facts and has approached the State Commission with unclean hands. The insurance company, under these circumstances, rightly repudiated the claim of the appellant.

13. It is well settled, that when a litigant approaches any judicial fora with unclean hands and conceal the material facts, then he/she is not entitled to the relief sought for. Reference in this regard can usefully be made to the observations made by Hon’ble Suprme Court in Dalip Singh Vs. State of U.P (2010) 2 SCC 114, wherein it observed ;

'1. For many centuries Indian Society cherished two basic values of life i.e. 'satya' (truth) and 'ahinsa' (non-violence). Mahavir, Gautam Buddha and Mahatma Gandhi guided the people to ingrain these values in their daily life. Truth constituted an integral part of the justice-delivery system which was in vague in the pre-Independence era and the people used to feel proud to tell truth in the courts irrespective of the consequences. However, post-independence period has seen drastic changes in our value system. The materialism has overshadowed the old ethos and the quest for personal gain has become so intense that those involved in litigation do not hesitate to take shelter of falsehood, misrepresentation and suppression of falsehood, misrepresentation and suppression of facts in the court proceedings.

2. In the last 40 years, a new creed of litigants has cropped up. Those who belong to this creed do not have any respect for truth. They shameles

Please Login To View The Full Judgment!

sly resort to falsehood and unethical means for achieving their goals. In order to meet the challenge posed by this new creed of litigants, the courts have, from time to time, evolved new rules and it is now well established that a litigant, who attempts to pollute the stream of justice or who touches the pure fountain of justice with tainted hands, is not entitled to any relief, interim or final.' 14. In view of the suppression of the material facts, the present appeal is liable to be thrown at the threshold. Accordingly, we dismiss the present appeal on the ground, that appellant has not approached the fora below with clean hands and has concealed and suppressed the material facts, with cost of Rs.10,000/- (Rupees Ten Thousand only). 15. Appellant is directed to deposit the cost by way of demand draft in the name of ‘Consumer Legal Aid Account’ of this Commission within four weeks from today. 16. In case, appellant fails to deposit the cost within the prescribed period, then it shall also be liable to pay interest @ 9% p.a. till realization. 17. List on 11.12.2015 at 2.00 p.m. for compliance.
O R