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M/s. Viking Garments, (A Partnership Firm) v/s United India Insurance Company Ltd.


Company & Directors' Information:- D R GARMENTS (INDIA) PRIVATE LIMITED [Active] CIN = U18101GJ2005PTC046010

Company & Directors' Information:- R. R. GARMENTS LIMITED [Active] CIN = U51900MH1995PLC095544

Company & Directors' Information:- S G GARMENTS LIMITED [Active] CIN = U18101WB2004PLC098193

Company & Directors' Information:- K K P GARMENTS PRIVATE LIMITED [Active] CIN = U65921TZ1994PTC005334

Company & Directors' Information:- B K GARMENTS PRIVATE LIMITED [Active] CIN = U18101DL2001PTC109850

Company & Directors' Information:- THE INDIA COMPANY PRIVATE LIMITED [Active] CIN = U74999TN1919PTC000911

Company & Directors' Information:- N K GARMENTS PRIVATE LIMITED [Active] CIN = U18101DL2000PTC107093

Company & Directors' Information:- K. D. GARMENTS PRIVATE LIMITED [Active] CIN = U18109WB2005PTC101896

Company & Directors' Information:- G AND A GARMENTS PVT LTD [Strike Off] CIN = U18101PB1995PTC016121

Company & Directors' Information:- V H GARMENTS PRIVATE LIMITED [Active] CIN = U52322MH2008PTC181066

Company & Directors' Information:- M S GARMENTS PRIVATE LIMITED [Active] CIN = U74899DL1991PTC046660

Company & Directors' Information:- S. S. GARMENTS PRIVATE LIMITED [Active] CIN = U18101DL1996PTC083315

Company & Directors' Information:- R K GARMENTS PRIVATE LIMITED [Active] CIN = U18100GJ1994PTC023240

Company & Directors' Information:- VIKING PVT LTD [Strike Off] CIN = U27310OR1983PTC001267

Company & Directors' Information:- G. M. GARMENTS PRIVATE LIMITED [Active] CIN = U18109DL2006PTC152683

Company & Directors' Information:- D AND D GARMENTS PRIVATE LIMITED [Active] CIN = U74899DL1975PTC007923

Company & Directors' Information:- INDIA CORPORATION PRIVATE LIMITED [Active] CIN = U65990MH1941PTC003461

Company & Directors' Information:- J S GARMENTS (INDIA) PRIVATE LIMITED [Active] CIN = U74900WB2009PTC135262

Company & Directors' Information:- K. B . GARMENTS PRIVATE LIMITED [Active] CIN = U18109WB2011PTC166954

Company & Directors' Information:- A K GARMENTS PRIVATE LIMITED [Active] CIN = U17120DL2015PTC282847

Company & Directors' Information:- D P GARMENTS PRIVATE LIMITED [Strike Off] CIN = U18101DL2004PTC129479

Company & Directors' Information:- V S GARMENTS PRIVATE LIMITED [Active] CIN = U18101DL2005PTC143084

Company & Directors' Information:- P AND P GARMENTS PVT LTD [Under Process of Striking Off] CIN = U18101DL2005PTC143556

Company & Directors' Information:- V S GARMENTS PRIVATE LIMITED [Active] CIN = U18101HR2005PTC068124

Company & Directors' Information:- L. H. GARMENTS PRIVATE LIMITED [Strike Off] CIN = U17121KA2011PTC060761

Company & Directors' Information:- K R GARMENTS PRIVATE LIMITED [Strike Off] CIN = U17111WB1998PTC087046

Company & Directors' Information:- T & A GARMENTS PVT LTD [Strike Off] CIN = U52321TN1993PTC025318

Company & Directors' Information:- P. S. GARMENTS PRIVATE LIMITED [Active] CIN = U18204DL2007PTC164238

Company & Directors' Information:- S. A. GARMENTS PRIVATE LIMITED [Active] CIN = U17121DL2007PTC165007

Company & Directors' Information:- T S GARMENTS PRIVATE LIMITED [Active] CIN = U51494DL1996PTC076668

Company & Directors' Information:- GARMENTS INDIA PVT LTD [Strike Off] CIN = U51909GJ1979PTC003310

Company & Directors' Information:- I G S GARMENTS PRIVATE LIMITED [Strike Off] CIN = U18101DL2004PTC128723

Company & Directors' Information:- M. P. GARMENTS PRIVATE LIMITED [Active] CIN = U17291DL2007PTC164129

Company & Directors' Information:- K. S. GARMENTS PRIVATE LIMITED [Active] CIN = U18101DL2007PTC164404

Company & Directors' Information:- B G GARMENTS PRIVATE LIMITED [Active] CIN = U74899DL2005PTC142488

Company & Directors' Information:- S P GARMENTS PRIVATE LIMITED [Strike Off] CIN = U18101DL2003PTC120709

Company & Directors' Information:- P N GARMENTS PRIVATE LIMITED [Strike Off] CIN = U51311DL2004PTC127524

Company & Directors' Information:- J B GARMENTS PRIVATE LIMITED [Strike Off] CIN = U18101PB1996PTC017533

Company & Directors' Information:- UNITED GARMENTS PRIVATE LIMITED [Active] CIN = U18109DL2011PTC214654

Company & Directors' Information:- V P GARMENTS PRIVATE LIMITED [Strike Off] CIN = U18109DL2012PTC233293

Company & Directors' Information:- S T GARMENTS PRIVATE LIMITED [Active] CIN = U18109DL2015PTC277043

Company & Directors' Information:- P L GARMENTS PRIVATE LIMITED [Active] CIN = U17120DL2013PTC248417

Company & Directors' Information:- M. K. GARMENTS PRIVATE LIMITED [Active] CIN = U17291DL2007PTC164395

Company & Directors' Information:- R A GARMENTS PRIVATE LIMITED [Converted to LLP and Dissolved] CIN = U18101DL2003PTC123385

Company & Directors' Information:- C S GARMENTS PRIVATE LIMITED [Active] CIN = U18101DL2005PTC134787

Company & Directors' Information:- B L GARMENTS PRIVATE LIMITED [Active] CIN = U18101DL2005PTC136912

Company & Directors' Information:- B D S GARMENTS PRIVATE LIMITED [Active] CIN = U18101DL2005PTC137898

Company & Directors' Information:- T G GARMENTS PRIVATE LIMITED [Strike Off] CIN = U18101DL2005PTC143392

Company & Directors' Information:- G P S GARMENTS PRIVATE LIMITED. [Active] CIN = U18101DL2006PTC149330

Company & Directors' Information:- G P GARMENTS PRIVATE LIMITED [Active] CIN = U18101DL2007PTC161067

Company & Directors' Information:- I B GARMENTS PRIVATE LIMITED [Active] CIN = U51909DL2013PTC257044

Company & Directors' Information:- G P S GARMENTS PRIVATE LIMITED. [Active] CIN = U74110DL2006PTC149330

Company & Directors' Information:- A G GARMENTS PRIVATE LIMITED [Active] CIN = U51300DL2013PTC257609

Company & Directors' Information:- V R V GARMENTS PRIVATE LIMITED [Strike Off] CIN = U51311DL2008PTC182256

Company & Directors' Information:- M V GARMENTS PRIVATE LIMITED [Strike Off] CIN = U74899HR2005PTC141797

Company & Directors' Information:- A AND R GARMENTS PRIVATE LIMITED [Strike Off] CIN = U17120HR2013PTC049037

Company & Directors' Information:- V K GARMENTS PRIVATE LTD [Strike Off] CIN = U18101DL1981PTC012410

Company & Directors' Information:- P M P GARMENTS PRIVATE LIMITED [Strike Off] CIN = U18101DL2005PTC134811

Company & Directors' Information:- A S GARMENTS PRIVATE LIMITED [Active] CIN = U17212CH1992PTC012350

Company & Directors' Information:- V R GARMENTS PVT LTD [Strike Off] CIN = U18101CH1991PTC011345

Company & Directors' Information:- S B GARMENTS PRIVATE LIMITED [Strike Off] CIN = U51311DL2005PTC141954

    Revision Petition No. 2171 of 2012

    Decided On, 26 April 2013

    At, National Consumer Disputes Redressal Commission NCDRC

    By, THE HONOURABLE MR. JUSTICE K.S. CHAUDHARI
    By, PRESIDING MEMBER & THE HONOURABLE DR. B.C. GUPTA
    By, MEMBER

    For the Petitioner: Satish Kumar, Advocate. For the Respondent: M.N. Singh, Advocate.



Judgment Text

Dr. B.C. Gupta, Member

This revision petition has been filed under Section 21(b) of the Consumer Protection Act, 1986 against the order dated 06.02.2012 passed by the Haryana State Consumer Disputes Redressal Commission, Panchkula (hereinafter referred to as 'State Commission') in First Appeal No. 15 of 2006, vide which the appeal filed by the respondent-United India Insurance Co. Ltd., against the order dated 18.11.2005 passed by the District Forum was accepted and the order of the District Forum in consumer complaint No. 308/03 was set aside.

2. The brief facts giving rise to the revision petition are that the petitioner/complainant deals in manufacturing and exporting of furnished leather, leather garments and leather goods at Ambala and he had obtained an insurance policy from the respondent concerning the transportation of goods in question. The complainant sent goods to M/s. Krishma Enterprises in USA in the month of July, 2001. The value of the leather garments has been stated to be Rs. 400320, i.e. 8340 US $. The said consignment was moved through a company called Swiss Cargo Limited, but the goods did not reach M/s. Krishma Enterprises in USA. The complainant lodged a complaint before the respondent/opposite party on 08.01.2002, but the opposite party vide letter dated 27.11.2002 repudiated the claim on the ground that it was the duty of the Swiss Cargo Limited to deliver the goods to the right person and since the goods had reached USA, there was no deficiency of service on the part of the respondent. A complaint was filed by the petitioner before the District Forum and vide order dated 18.11.2005, the District Forum accepted the complaint and directed the opposite party to pay Rs. 4,00,320/- with interest @ 10% per annum from the date of booking i.e. July, 2001 till its realization. An appeal was filed against this order and the learned State Commission, vide impugned order accepted the same, set aside the order of the District Forum and dismissed the complaint. The learned State Commission held that the goods had reached the port of destination at Chicago, USA and hence the opposite party had already discharged its liability.

3. During the course of arguments before us, the learned counsel for the petitioner has drawn our attention to a copy of the insurance policy in question, saying that as per the terms and conditions of the policy, the risks are covered from the ‘door to door’. In the present case, M/s. Krishma Enterprises, USA had not received the goods in question and this fact was very clear from the material available on record. There is a letter dated 10.06.2003 addressed by Shri Balkrishan Singh Tulley to the petitioner, saying that the shipment was never delivered to them.

4. Learned counsel for the respondent however, stated that under the Marine Transit Insurance Policy issued in favour of the petitioner, the clause ‘Door to Door' means that the goods were to be sent from Ambala to Chicago. The destination of goods is the port and not the party in question. The learned counsel invited our attention to a letter sent by the respondent / opposite party to the petitioner on 27.11.2002, in which it has been stated that the petitioner had not produced any evidence of correspondence with the buyer regarding non-delivery of the consignment, nor furnished any claim of the buyer for not receiving the consignment and for placing of a fresh order for sending the same material. It has also been stated in the said letter that M/s. Swiss Cargo had owned their fault and hence the insurance company was not liable under the terms and conditions of the policy.

5. We have examined the entire material on record and given our thoughtful consideration to the arguments advanced before us. It is very clear from the facts of the case that the goods in question never reached the consignee i.e. M/s. Krishma Enterprises, USA. The handling agent-M/s. Swiss Cargo Limited have also admitted that the goods never reached the ultimate consignee. It has been stated in the revision petition that M/s. Swiss Cargo Ltd., admitted the claim of the petitioner and agreed to pay a sum of 3600 US Dollars for the loss of goods in question. It is very clear therefore, that the insurer needs to be compensated for the loss of goods under the terms and conditions of the policy. Now coming to the phrase 'door to door', there is no doubt in our mind that this phrase means ultimate destination. We fail to agree with the co

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ntention of the respondent / opposite party that ‘door to door’ means the port of destination only. The goods have to be carried to the ultimate recipient and if they do not reach him, it amounts to loss of goods in question. We therefore, do not agree with the conclusion arrived at by the State Commission and hence the order of the State Commission is set aside. 6. This revision petition is accepted and the order passed by the District Forum is upheld with no order as to costs.
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