By Sri. K. Gheevarghese, President:<br /> <br /> <br /> The complaint filed under section 12 of the Consumer Protection Act.<br /> <br /> <br /> The complaint in brief is as follows:<br /> <br /> The Complainant is an unemployed person who got experience Pig Farming and Paltry Farming. The pig farming was started in the beginning with a few porcines later it was developed to considerably large in number. The porcines 51 in numbers were insured by the Opposite Party the insurance coverage was sustainable for the period in between 3.12.2006 and 02.12.2007. The value of the porcines estimated by the Opposite Party was Rs.5,000/- for each one. In different occasions after 23.3.2007, 16 of the insured porcines were died due to a infectious fewer. The porcines which were died were done postmortem. Some of the infected animals were kept on for medical observation at the onset when they were effected of the <br /> - 2 -<br /> disease by the expert in that field. What all treatment were given to the animals it turned to be worthless. In course the pig farm of the Complainant was ceased to exist. The Opposite Party has given the Complainant Rs.4,500/- each for two porcines, out of the sixteen porcines which were died. The insurer cut short Rs. 500/-. The insurer has not given the Complainant the payable amount and the Complainant received the amount in protest. The insurer is not ready to compensate the Complainant the insured sum for the 14 porcines even after repeated demands. The claim form was submitted to the Opposite Party in time. The Opposite Party may be directed to give the Complainant the insured sum Rs.5,000/- each for 14 porcines, Rs.1,000/- is to be given to the Complainant towards the balance amount of the compensation which was already paid along with cost and compensation Rs.25,000/- is also to be paid by the Opposite Party.<br /> <br /> 2. The points in consideration are:<br /> 1. Is there any deficiency in service?.<br /> 2. Relief and cost. <br /> <br /> 3. Points No.1 and 2:- The Complainant is examined in chief as PW1. Ext.A1 to A10 are marked. Ext.A1 is the duplicate schedule of the insurance of the pigs as per which 51 porcines are insured. Each one of them insured for the sum of Rs.5,000/- Ext.A2 is the attested copy of the proposal form. The sum insured is Rs.2,55,000/-. Ext.A3 to A9 are cattle claim form and description of the animal. It also consists of the Postmortem report of the pigs with Tag No.8297/NIC, 8294/NIC, 8271/NIC, 8274/NIC, 8290/NIC, 8264/NIC, 8295/NIC, respectively which all are having the value of Rs.5,000/- prayer to illness. According to the Complainant 16 pigs were died in the infectious disease out of which Rs. 9,000/- as the compensation was given to the Complainant deducting Rs.1,000/- without any reason. In the total number of the porcines claimed as died the Postmortem report available is of 7 animals only. Apart from oral testimony of the complainant there is nothing in evidence to establish that 9 pigs were died due to the disease. The value estimated by the insurer for this 7 animal are Rs.5,000/- per each one. As admitted by the complainant Rs.9,000/- was already paid by the insurer. The non issuance of the insured sum to the Complainant is a deficiency in service. The opposite party has to give the complainant insured sum of Rs.35,000/- towards the 7 pigs wherein the Opposite Party had given Rs.9,000/- to the insured. Deducting the amount already paid Rs.26,000/- is to be given to the Complainant towards the insurance amount along with cost and compensation. <br /> <br /> In the result, the complaint is partly allowed. The Opposite Party is directed to give the Complainant Rs.26,000/- (Rupees Twenty Six thousand only) along with Rs.2,000/- (Rupees Two thousand only) towards the cost and compensation. The Opposite Parties are directed to give the complainant, this amount within one month from the date of this order.<br /> <br /> <br /> Pronounced in open Forum on this the 10th day of March 2008.<br /> <br />