ORDER BY HON’BLE MEMBER- MRS. M. SWAIN:

                                                                                                  JUDGMENT

                        Complainant has filed this consumer complaint U/s.35 of C.P. Act, 2019 seeking following reliefs;

            “Direct the opposite party No.1 to pay a sum of Rs.25,000/- towards death claim of the cow and Rs.10,000/- towards mental agony and Rs.10,000/- towards cost of the litigation”.

            The case of the complainant is that he has insured his cow vide policy No.55010547190400000607 and ear tag No.310010824321 on dt.10.11.2019 with New India Assurance Co. Ltd. (O.P. No.1) at the cost of Rs.25,000/- on payment of one time insurance premium through Addl. Veterinary Asst. Surgeon, Kujanga (O.P. No.2) accordingly the cow is insured for one year i.e. 10.11.2019 to 09.11.2020. The bad lock of the complainant is that, his insured cow died on 20.11.2019. The bad lock of the complainant the insured cow was ill and the complainant bring it to notice of AVAS, Kujanga immediately. After receiving the call the AVAS came to the complainant’s house and treated the said cow but in spite of his entire attempt the cow expired. After death of the cow the AVAS conducted postmortem on the said cow and supplied the postmortem report along with other documents to opposite party No.1 to settle the claim of the complainant but of no avail till date, hence this complaint.

            The opposite party No.1 received the Regd. notice but takes no steps, hence set ex-parte.

            The opposite party No.2 submit his written version that the complainant had a healthy cow insured under New India Assurance Co. Ltd. on 10.11.2019 and also deposited the required amount of premium according to scheme but unfortunately the cow of the complainant died on 20.11.2019. The cow has been insured under Govt. NLM Livestock Insurance Scheme, 2019- 2020 on 10.11.2019 for amount of Rs.25,000/- as per milk yield of the above cow whose policy No.55010547190400000607. The same cow was died on 20.11.2019 whose claim form and postmortem report suggesting cause of death, death certificate form as supplied by company, ear tag, colour photograph of the dead cow along with owner, first written statement of the owner about the death of cow (FIR) farmers copy of cow card has been submitted to company vide letter No.72 dt.24.3.2020 through CDVO Office, Jagatsinghpur.

            Heard the complainant. Opposite party No.2 has not taken any steps when the matter taken up. Perused the materials on record. It is found that the complainant by virtue of insurance of his cow under plan of Govt. has acquired the status of a consumer within the meaning of the Consumer Protection Act. Out of such pleadings of the complainant and opposite party No.2 it seems to be an admitted case that complainant has hired the services of the opposite party No.1 under a Govt. sponsored benevolent scheme as such entitled to sum assured in terms of the contract. So we are impressed beyond doubt that opposite party No.1 has committed deficiency of service read with unfair trade practice hence would not be prejudiced if be fixed with accountability proceeding in the ends of natural justice.

            In the result this complaint is allowed ex-parte against opposite party No.1 (New India Assurance Co. Ltd.) with a cost of Rs.2,000/-. The opposite party No.1 is directed to pay insured Rs.25,000/- with cost so fixed to the complainant within 30 days from the date of this order. Accordingly the consumer complaint is disposed of.