Agriculture Ins. Co. Of India Ltd. V/S Khivn Singh s/o Surjan Singh

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Khivn Singh s/o Surjan Singh filed a consumer case on 14 Dec 2015 against Agriculture Ins. Co. Of India Ltd. in the StateCommission Consumer Court. The case no is A/1111/2015 and the judgment uploaded on 17 Dec 2015.

Rajasthan

StateCommission

A/1111/2015

Khivn Singh s/o Surjan Singh - Complainant(s)

Versus

Agriculture Ins. Co. Of India Ltd. - Opp.Party(s)

Pramod Kumar

14 Dec 2015

ORDER

State Consumer Disputes and Redressal Commission

Rajasthan

Jaipur

First Appeal No. A/1111/2015

(Arisen out of Order Dated 21/08/2015 in Case No. 572/2015 of District Churu)

1. Khivn Singh s/o Surjan Singh

kotvad Tibba Teh. Churu

Churu

Rajasthan

...........Appellant(s)

Versus

1. Agriculture Ins. Co. Of India Ltd.

Sanghi upsana towers IVth floor c-98 c- scheme Near ahinsa circle Jaipur

Jaipur

Rajasthan

2. Agriculture Ins. co. of India Ltd.

13 th Floor Ambadeep Building 14 K.G.Marg New Delhi -1

Delhi

Delhi

3. Central CO-OPERATIVE BANK Ltd.

Near Ghantaghar churu

Churu

Rajasthan

4. Govt. of Rajasthan Through Colloctrater

churu

Churu

Rajasthan

...........Respondent(s)

BEFORE:
	HON'BLE MRS. JUSTICE Smt Nisha Gupta PRESIDENT
	kailash Chand Soyal MEMBER

For the Appellant:

For the Respondent:

ORDER

BEFORE THE CONSUMER DISPUTES REDRESSAL COMMISSION,RAJASTHAN,JAIPUR BENCH NO.1

FIRST APPEAL NO: 1111/2015

Kheev Singh s/o Surjan Singh r/o Kotvad Tibba Tehsil & District Churu. Rajasthan

Vs.

Agriculture Insurance Co. of India Ltd. Sadhi Upasana
Towers, 4^th floor, C-98, C-Scheme, Near Ahinsa Circle, Jaipur (Rajasthan) through Regional Manager, & ors.

FIRST APPEAL NO: 1112/2015

Karni Singh s/o Bhopal Singh r/o Kotvad Tibba Tehsil & District Churu. Rajasthan

Vs.

Agriculture Insurance Co. of India Ltd. Sadhi Upasana
Towers, 4^th floor, C-98, C-Scheme, Near Ahinsa Circle, Jaipur (Rajasthan) through Regional Manager, & ors.

2

FIRST APPEAL NO: 1113/2015

Sayar Kanwar d/o Samudra Singh r/o Kotvad Tal Tehsil & District Churu. Rajasthan

Vs.

Agriculture Insurance Co. of India Ltd. Sadhi Upasana
Towers, 4^th floor, C-98, C-Scheme, Near Ahinsa Circle, Jaipur (Rajasthan) through Regional Manager, & ors.

FIRST APPEAL NO: 1114/2015

Rajendra Singh s/o Samudra Singh r/o Kotvad Taal Tehsil & District Churu. Rajasthan

Vs.

Agriculture Insurance Co. of India Ltd. Sadhi Upasana
Towers, 4^th floor, C-98, C-Scheme, Near Ahinsa Circle, Jaipur (Rajasthan) through Regional Manager, & ors.

3

FIRST APPEAL NO: 1115/2015

Sayar Singh s/o Bhopal Singh r/o Kotvad Taal Tehsil & District Churu. Rajasthan

Vs.

Agriculture Insurance Co. of India Ltd. Sadhi Upasana
Towers, 4^th floor, C-98, C-Scheme, Near Ahinsa Circle, Jaipur (Rajasthan) through Regional Manager, & ors.

FIRST APPEAL NO: 1116/2015

Bhanwar Singh s/o Durjan Singh r/o Kotvad Taal Tehsil & District Churu. Rajasthan

Vs.

Agriculture Insurance Co. of India Ltd. Sadhi Upasana
Towers, 4^th floor, C-98, C-Scheme, Near Ahinsa Circle, Jaipur (Rajasthan) through Regional Manager, & ors.

4

FIRST APPEAL NO: 1117/2015

Maanaram s/o Huntaram r/o Kotvad Tibba Tehsil & District Churu. Rajasthan

Vs.

Agriculture Insurance Co. of India Ltd. Sadhi Upasana
Towers, 4^th floor, C-98, C-Scheme, Near Ahinsa Circle, Jaipur (Rajasthan) through Regional Manager, & ors.

FIRST APPEAL NO: 1118/2015

Virendra Singh s/o Hanuman Singh r/o Kotvad Taal Tehsil & District Churu. Rajasthan

Vs.

Agriculture Insurance Co. of India Ltd. Sadhi Upasana
Towers, 4^th floor, C-98, C-Scheme, Near Ahinsa Circle, Jaipur (Rajasthan) through Regional Manager, & ors.

5

FIRST APPEAL NO: 1119/2015

Raghuveer Singh s/o Narayan Singh r/o Kotvad Taal Tehsil & District Churu. Rajasthan

Vs.

Agriculture Insurance Co. of India Ltd. Sadhi Upasana
Towers, 4^th floor, C-98, C-Scheme, Near Ahinsa Circle, Jaipur (Rajasthan) through Regional Manager, & ors.

FIRST APPEAL NO: 1120/2015

Raghuveer Singh s/o Bhopal Singh r/o Kotvad Taal Tehsil & District Churu. Rajasthan

Vs.

Agriculture Insurance Co. of India Ltd. Sadhi Upasana
Towers, 4^th floor, C-98, C-Scheme, Near Ahinsa Circle, Jaipur (Rajasthan) through Regional Manager, & ors.

6

FIRST APPEAL NO: 1121/2015

Vikram Singh s/o Raghuveer Singh r/o Kotvad Taal Tehsil & District Churu. Rajasthan

Vs.

Agriculture Insurance Co. of India Ltd. Sadhi Upasana
Towers, 4^th floor, C-98, C-Scheme, Near Ahinsa Circle, Jaipur (Rajasthan) through Regional Manager, & ors.

FIRST APPEAL NO: 1122/2015

Manohar Singh s/o Raghuveer Singh r/o Kotvad Taal Tehsil & District Churu. Rajasthan

Vs.

Agriculture Insurance Co. of India Ltd. Sadhi Upasana
Towers, 4^th floor, C-98, C-Scheme, Near Ahinsa Circle, Jaipur (Rajasthan) through Regional Manager, & ors.

7

FIRST APPEAL NO: 1123/2015

Jeevraj Singh s/o Raghuveer Singh r/o Kotvad Taal Tehsil & District Churu. Rajasthan

Vs.

Agriculture Insurance Co. of India Ltd. Sadhi Upasana
Towers, 4^th floor, C-98, C-Scheme, Near Ahinsa Circle, Jaipur (Rajasthan) through Regional Manager, & ors.

Date of Order 14.12.2015

Before:

Hon'ble Mrs. Justice Nisha Gupta- President

Mr. Kailash Soyal -Member

Mr. Pramod Kumar counsel for the appellants

BY THE STATE COMMISSION ( PER HON'BLE MRS. JUSTICE NISHA GUPTA,PRESIDENT):

These matters involved common question of facts and

8

law. Hence are decided by the common order.

The present appeals have been filed against the order dated 21.8.2015 of the learned District Forum,Churu whereby the District Forum has rejected the complaint on the issue of limitation.

The facts are not in dispute that the agriculture crop of the complainant was destroyed due to '0' degree temperature in the year 2008. The contention of the learned counsel for the complainant is that there was no need to file any claim before the Insurance Company and the Insurance Company himself was duty bound to assess the loss and to pay it to the consumer. Admittedly no claim petition was filed for the loss of the consumer and the complaint petition before the court below was filed in the year 2014 and the court below has rightly observed that when the matter has been finally decided by the Apex Court, these complaints are filed.

There is no legal argument to meet with the question of delay on the part of the complainant. Admittedly the complainant issued a notice to the Insurance Company in the

9

year 2014 but earlier he has not tried to ensure his claim by any means even he has not filed any claim petition before the Insurance Company and no notice has been issued. After five years of delay complaints have been filed when matter has been finally decided in favour of agriculturist by the Apex Court. This seems to be delayed one and no explanation has been filed for delay of the matter.

The counsel for the petitioner has relied upon I (2010) CPJ 22 (NC) United India Insurance Company Vs. R.Piyarelal Import & Export Ltd. where the claim was not settled and it was found deficiency in service. Here in the present case admittedly no claim was filed by the petitioner and he has not tried to file any complaint in time before the competent court. Further reliance has been placed on IV ( 2013) CPJ 607 (NC) Devender Singh Vs. Oriental Insurance Co. Ltd. where claim petition was still in consideration of the Insurance Company and it was found to be deficiency. This is not the case here.

Hence, in view of the above the court below has rightly dismissed the petition on the ground of delay and there is no

10

reason to interfere in the order of the court below. The appeals are liable to be dismissed.

(Kailash Soyal) (Nisha Gupta )

Member President

nm

[HON'BLE MRS. JUSTICE Smt Nisha Gupta]

PRESIDENT

[ kailash Chand Soyal]

MEMBER

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