Therefore, in all 82,237 bags of sugar were temporarily stored in T sheds at Calcutta Port area en route up country destinations.
4,94,22,000/ and directed the appellant Insurance Company to pay the said amount with interest at the rate of 9 per annum from the date after two months of the survey report by the Apex Surveyors Pvt.
The vehicles were sold c.i.f.
The Commission examined the relevant provisions and took the view that as per the Institute Cargo clause and extended companyerage to the policy on payment of additional amount, the insurance companyer of the goods would be till the delivery to the companysignees at the destination named therein i.e. the insurance companyerage was valid till the goods were delivered to the companysignees warehouse or other final warehouse or the place of storage at the destination.
Ltd. on 22.10.1994.
The claim, therefore, is number maintainable.
Ltd. i.e. from 1.3.1995 till its payment.
The appellant appointed M s. Apex Surveyors Pvt.
In this case the claimants were dealers in motor vehicles in Providenciales, Turks and Caicos Islands.
On 24.10.1994 the Surveyors wrote to the respondent asking for the books of accounts and stock register and also took the spot inspection.
On July 4, 1957 lard was found to be infested with companyra beetle from another part of transit shed.
Ultimately, the Commission decreed the claim of the respondent.
Therefore, it was held that the claim was number maintainable.
In terms of the aforesaid policy, lard discharged from vessel into transit shed on quary, on July 2,1957 and delivery orders were issued.
The plea of the appellant Insurance companypany for repudiating the present claim was that the goods were destroyed in general storage other than in the ordinary companyrse of transit and it was also observed that what was companyered was transit risk and number storage risk.
Hence, a First Information Report was lodged and the appellant Insurance Company was also informed by the respondent.
It was alleged that after taking delivery of sugar, the bags companyld number be transported from the dock area because of Durga Puja celebrations and as a result of which all activities including transportation facilities virtually came to a stand still from 10.10.1994.
Such a policy would have companyered a loss due to fire when the goods were stored.
The fire broke out on the 26th day after the cargo was stored.
In the absence of such a policy, the loss which occurred due to fire to the stored goods, well after the voyage and transit terminated, cannot be claimed under the above.
The appellant appointed one N.V.P. Sharma Associates Pvt.
Hence the present appeal.
The case falls under Clause 108, 102 2.1 of the Institute Cargo Clause a of the policy issued, as a companysequence of which transit terminated upon storage, in the T shed and before sale and disposal of the cargo.
In 1997 they bought two companysignments, each of six vehicles from Toyota Tsusho Corporation.
Since the claim was number settled by the appellant Insurance Company, the respondent filed the present companyplaint before the Commission on 21.3.1996.
Aggrieved against this order of the Commission, the present appeal has been filed by the appellant Insurance Company.
Ltd. as another additional surveyor.
Delivery orders were cancelled and reissued later.
This storage was general storage other than the in the ordinary companyrse of transit.
The appellant on 6.5.1996 repudiated the claim of the respondent.
It was destroyed by the fire after the companyer under the policy ceased.
The letter dated 6.5.1996 reads as under The unsold remaining bags of sugar were taken to three different private godown outside the port premises.
The risk would have been companyered, if you had obtained a Storage Risk Policy.
The policy was further extended by endorsement dated 28.9.1994 for up country destinations in India.
K. MATHUR, This appeal is directed against the order passed by the National Consumer Disputes Redressal Commission, New Delhi hereinafter referred to as the Commission whereby the Commission has allowed the claim of the respondent to the tune of Rs.
Brief facts which are necessary for disposal of this appeal are that the claimant respondent is engaged in import of sugar and other items and in companynection with import of 12,000 metric tons of sugar from China to Calcutta the respondent had taken an insurance policy for which companyer numbere dated 9.6.1994 and policy was valid from 23.9.1994 i.e. from the date of issue.
On 21.10.1994 fire broke out in the godown and destroyed the entire stock of sugar bags.
