Complaint Case No. 113/2009

Hasan Khan s/o Lal Mohd. R/o Vill. Mirpur Distt. –Aligarh

                                                    V/s

1. Branch Manager, The United Insurance Company Ltd. Near Malviya    Pustakalaya G.T. Road Aligarh.

2. Branch Manager Shriyash Gramin Bank Branch-Kalai,Distt. Aligarh.

                                                 Judgment

1. This is the case for payment of insurance claim Rupees 12000 with 12 % annual interest on the death of insured buffalo and Rupees 10000 as compensation for harassment and Rs 2500 as litigation expenses.
2. Complaint has stated that he had borrowed loan Rupees 12000 for the buffalo under Swarn Jayanti Gram Swarozgar Yojna from Shriyash Gramin Bank Branch-Kalai, Distt. Aligarh. He had purchased buffalo and got ensured by the insurance company op no. 1.The no. of ear tag was ui080400/17997.The buffalo was suddenly fallen ill and could not be saved despite of treatment given by the veterinary doctor on 2.3.2007. Information was given to the Bank on 02/03/2007 and post mortem was done on the same day. Claim was made to the insurance Company on 20/03/07 but no claim was paid.
3. O.P No.1 submitted in its written statement that it is not clear whether the Bank was informed within time and post mortem was done through Bank or Insurance Company.
4. O.P No.2 submitted in its written statement that the complainant”s buffalo was insured with New India Insurance Company Aligarh which was doing the work of Bank Insurance at the time of buffalo loan. Later on Bank changed the insurance company and United India Insurance Company was appointed for the Bank business. Under the misconception the information of death claim of the buffalo was sent to the United India Insurance Company due to bonafide mistake. When the bank came to know about the mistake, the bank recalled the death claim from United Insurance Company and sent it to the New India Insurance Company who actually insured the buffalo and death claim is still pending with New India Insurance Company.
5. Complainant has filed his affidavit and papers in support of his pleadings.

Ops also filed affidavit and papers in support of his pleading.

6. We have perused the material available on record and heard the complainant’s counsel.
7. First question of consideration before us complainant is entitled for any relief?
8. It is evident that the buffalo of the complainant was not insured with the Op no.1 insurance Company and therefore complainant is not entitled to make claim against the Op no.1 Insurance Company. Accordingly Op no.1 cannot be made liable to pay the claim amount to the complainant. Complaint is liable to be dismissed.             
9. The question formulated above is decided against the complainant.
10. We hereby dismiss the complaint. 
11. A copy of this judgment be provided to all the parties as per rule as mandated by Consumer Protection Act, 2019. The judgment be uploaded forthwith on the website of the commission for the perusal of the parties.
12. File be consigned to record room along with a copy of this judgment.