BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BHIWANI.
Complaint No.: 240 of 2016.
Date of Institution: 8.11.2016.
Date of Decision: 19.03.2019.
Punam wife of Shri Jai Kishan, resident of village Sanwar, Tehsil Charkhi Dadri, District Charkhi Dadri.
….Complainant.
Versus
1. Bajaj Allianz General Insurance Company Ltd., Block No. 4, 7th Floor DLF Tower-15, Shiwaji Marg, New Delhi-110015.
2. Viney Kumar Kant, Manager, (Haryana Area), Bajaj Allianz General Insurance Company Ltd., Block No. 4, 7th Floor DLF Tower-15, Shiwaji Marg, New Delhi-110015.
3. Branch Manager, Sarva Haryana Gramin Bank, branch village Sanwar, Tehsil & District Charkhi Dadri.
…...Opposite Parties.
COMPLAINT UNDER SECTIONS 12 AND 13 OF
THE CONSUMER PROTECTION ACT, 1986.
Before: - Hon’ble Mr. Manjit Singh Naryal, President.
Hon’ble Mr. Parmod Kumar, Member.
Hon’ble Mrs. Saroj Bala Bohra, Member.
Present: Shri Hanuman, representative for the complainant in person.
Shri Avinash Sardana, Advocate for the OP No. 1.
OP No. 2 already exparte.
None for the OP No. 3.
ORDER:-
PER MANJIT SINGH NARYAL, PRESIDENT
The case of the complainants in brief, is that she has taken loan of Rs.25,000/- from OP No. 3 under Gulab Jal Savyam Sahayata Group and she purchased a Murraha breed buffalo, which was insured with OP No. 1 and the total premium of Rs.12,000/- was paid to the OP No. 1 vide cheque No.258725 dated 28.1.2013. It is alleged that the buffalo was having tag No. O/C/09522 dated 28.1.2013. It is further alleged that the buffalo of the complainant died on 19.1.2015 and Post Mortem was conducted by the Veterinary Surgeon, Sanwar. It is further alleged that the OPs were informed and the PMR report of the buffalo was supplied to OP No. 3. It is further alleged that the official of the Bajaj company visited the spot and also taken some photographs of the buffalo and assured for the payment of insurance amount. It is further alleged that all the documents alongwith PMR were given to OP No. 3 and the Bank has sent the same to OP No. 1. It is further alleged that the complainant has submitted the documents with OP No. 2 on 6.11.2015 and 1.12.2015, but the OPs No. 1 & 2 did not pay the claim amount to the complainant. Hence, there is deficiency in service on the part of the OPs and as such, the complainant has suffered the mental tension, physical harassment and financial losses. Hence, the present complaint.
2. On appearance, the OP No. 1 has filed the contested written statement alleging therein that the insurance policy in question was issued in the name of Gulabjal Self Help Group for a period from 11.2.2013 to 10.2.2014 and as such the complainant is not consumer qua answering OP. It is further alleged that the insurance policy in question was issued for a period from 11.2.2013 to 10.2.2014, whereas the buffalo was alleged to have died on 19.1.2015, as such the buffalo in question was not insured with the answering OP on 19.1.2015 i.e. date of death of alleged buffalo, as such the complaint is liable to be dismissed only on the short ground. It is further alleged that the insurance policy was not issued in the name of complainant and as such complainant not come within the definition of consumer as per Consumer Protection Act. So, there is no deficiency in service on the part of OP and complaint of the complainant is liable to be dismissed with costs.
3. On notice, no one appeared on behalf of the OP No. 2 and he was proceeded as exparte vide order dated 1.3.2017.
4. On appearance, the OP No. 3 has filed the contested written statement alleging therein that the complainant has filed this complaint just to harass the answering OP, as no relief has been claimed against answering OP by the complainant. It is further alleged that the complainant has taken loan of Rs.25,000/- under Gulab Jal Savyam Sahayata Group and group members have taken this loan for the purchase of buffalo. It is admitted that the buffaloes purchased by the group were got insured from Bajaj Allianz Company w.e.f. 28.1.2013 to 27.1.2016 for three years. It is also admitted that the buffalo of the complainant was died and she informed the answering about the death of buffalo and the answering OP informed the Bajaj Allianz company regarding the same. Hence, there is no deficiency in service on the part of the answering OP and prayed for dismissal of complaint with costs.
5. The complainant to prove her case placed on record documents Annexure C-1 to Annexure C-8 and closed the evidence.
4. Ld. counsel for the OP No. 1 to prove their case placed on record duly sworn affidavit of Senior Executive legal as Ex. RW1/A and policy as annexure R1 and closed the evidence. Representative of OP No. 3 has placed on record customer account ledger report from 1.1.2009 to 12.3.2019.
5. We have heard learned counsel for both the parties at length and have gone through the case file very carefully.
6. Learned counsel for the OP No. 1 has contended that the buffalo of the complainant died on 19.1.2015 and insurance was valid w. e. f. 11.2.2013 to 10.2.2014, hence, the complainant is not entitled to any claim.
7. In our view, the plea taken by OP No. 1 that the buffalo of the complainant died on 19.1.2015 and insurance was valid w. e. f. 11.2.2013 to 10.2.2014, is not tenable at all, because it has come on file that buffaloes purchased by the group were got insured from Bajaj Allianz Company w. e. f. 28.1.2013 to 27.1.2016 for three years and this fact is clear from the perusal of Proposal Form Annexure C2. It is also clear from the customer account ledger report for the period w.e.f. 1.1.2009 to 12.3.2019 that Rs.12,000/- has been credited by OP No. 3 to the insurance company as insurance premium. It is admitted fact that the buffalo of the complainant was died on 19.1.2015. It is also admitted fact that the PMR of the buffalo was conducted by the Veterinary Surgeon. The only plea of the OP No. 1 is that the insurance was issued only for the period w.e.f. 11.2.2013 to 10.2.2014 and the buffalo was died on 19.1.2015 and on that date there was no insurance coverage of the died buffalo. Moreover, the complainant has successfully proved her case by placing on record certain documents i.e. affidavit of complainant Annexure C1, proposal form Annexure C2, PMR Annexure C3, claim form Annexure C4, Certificate issued by OP No. 3 Annexure C5, letters Annexure C6 to C8. So, it is clearly proved on record that the OP No. 3 bank has credited the premium amount of Rs.12,000/- to insurance company towards premium of insurance of 10 buffaloes for three years w.e.f. 28.1.2013 to 27.1.2016. In our view, after submission of proposal form and payment premium amount, it is the duty of the OP No. 1 insurance company to issue the policy for three years or to reject the proposal form. But in the present case, the OP No. 1 insurance company has issued the insurance policy only for one year i.e. from 28.1.2013 to 27.1.2014, which is against the proposal form and clearly amounts to deficiency in service on the part of the insurance company. The OP No. 1 has failed to prove on record that as to why they have no issued the insurance policy for three years despite receipt of premium and proposal form. The OP No. 1 even failed to rebut the case of the complainant by placing on record some cogent & convincing evidence to show that as to why they have not issued the insurance policy for three years. It is also pertinent to mention here that even after completion of all the formalities and supplies all the relevant documents well within time by complainant, the OP Company has failed to reimburse the loss of the complainant for which they charged the money from the complainant and for which they allured & assured the general public to provide smooth services of insurance. Thus, there is gross negligence and deficiency in service on the part of OP No. 1 and they cannot be allowed to run away from their responsibility & harassing the poor people.
8. Therefore, in view of the above facts and circumstances, the complaint of complainant is partly allowed with costs. Thus, the OP No. 1 is directed to: -
i. To pay the insured amount of Rs.25,000/- (Twenty five thousand only) alongwith interest @ 9% per annum from the date of filing this complaint till the date of actual payment.
-
iii. To pay Rs.5000/- (Five thousand only) as litigation charges.
The compliance of the order shall be made within 30 days from the date of the order. In case of default, the OP shall liable to pay the interest @ 18% p.a. on total amount as directed above vide clause No. i to iii from the date of default i.e. after 30 days from the date of this order i.e. 19.3.2019. Certified copies of the order be sent to parties free of costs. File be consigned to the record room, after due compliance.
Announced in open Forum.
Dated: 19.03.2019.
(Saroj Bala Bohra) (Parmod Kumar) (Manjit Singh Naryal)
Member. Member. President,
District Consumer Disputes
Redressal Forum, Bhiwani.
