By. Sri. Jose. V. Thannikode, President:-
The complaint is filed under section 12 of the Consumer Protection Act against the opposite party to get the balance amount of the claim which is deducted by the opposite party and to get the cost and compensation due to the unfair trade practice.
2. Brief of the complaint:- The complainant insured his cow with opposite party for an assured sum of Rs.30,000/- from 2013 onwards. On 08.09.2014 the cow died and the Doctor from Padichira Veterinary Hospital conducted postmortem and the claim form is submitted in the prescribed form to the opposite party. But till October 2014 No response were received from the opposite party. But at the end of October 2014 opposite party requested the complainant to come to the office of opposite party. When the complainant approached the opposite party, they collected the signed voucher with revenue stamp and told that the amount of claim will be transferred to your account within November first week and on 13.11.2014 it was noticed the Rs.28,500/- is credited in the complainant's account. On enquiry by the complainant about the lesser amount the Manager(opposite party) said that they sanctioned the claim only after deducting 5% of the sum assured. The complainant asked to produce the Circular to that effect is not responded by the opposite party.
3. Hence the complainant prayed before the Forum to direct the opposite party to give the remaining amount of Rs.1,500/- and Rs.2,000/- for his expenses and loss of cooli and Rs.500/- as cost of the proceedings.
4. Notice were served to opposite party and opposite party entered in appearance and filed version stating that this opposite party submits that there is no deficiency of service on the part of this opposite party as alleged in the complaint. This opposite party submits that this complaint is not maintainable as per law,facts and circumstances of this case. Further stated that the cow bearing ear tag No.3476 112 was insured with this opposite party for Rs.30,000/-. The claim submitted by the complainant was processed by this opposite party and paid sum of Rs.28,500/- to the complainant, the complainant had accepted the amount without any objection and for full and final satisfaction of the claim. Again submitted that the complainant is not entitled to get sum of Rs.1,500/- towards remaining claim amount, Rs.2,000/- towards cooli and traveling expense Rs.500/- towards cost and Rs.4,000/- towards compensation as prayed in the complaint. This opposite party submits that the complainant filed this complaint in a experimental nature without any bonafides. Hence prayed to dismiss the complaint.
5. Complainant filed proof affidavit and stated as stated in the complaint and he is examined as PW1 and Ext.A1 and Ext.A2 are marked. Ext.A1 is the GOSURAKSHA INSURANCE SCHEME CERTIFICATE issued by the opposite party. Wherein it is not mentioned about the deduction percentage or amount. Ext.A2 is the copy of claim form submitted by the complainant. Opposite party not adduced any oral evidence.
6. On considering the complaint, version, affidavit and arguments the Forum raised the following points for consideration:-
1. Whether there is any deficiency of service or unfair trade practice from the
part of opposite party?
2. Relief and cost.
7. Point No.1:- In the version, opposite party not explained why they have not allowed the full insured sum. If there is any deductions as per law, it should be explained properly. Hence we are in the opinion that without explaining the reason for deduction of Rs.1,500/- from the insured sum it is a clear case of deficiency of service and unfair trade practice from the side of opposite party. The Point No.1 is found accordingly.
8. Point No.2:- Since the Point No.1 is found against the opposite party, he is liable to pay the balance amount of sum assured, compensation and cost of the proceedings and the complainant is entitled for the same.
In the result, the complaint is partly allowed and the opposite party is directed to pay Rs.1,500/- (Rupees One Thousand and Five Hundred) as balance of sum assured and Rs.1,000/- (Rupees One Thousand) as compensation and Rs.500/- (Rupees Five Hundred) as cost of the proceedings to the complainant within one month from the date of receipt of this Order. Thereafter the complainant is entitled for an interest for the whole amount at the rate of 15% per annum.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 10th day of June 2015.
Date of Filing:18.11.2014. PRESIDENT :Sd/-
MEMBER :Sd/-
MEMBER :Sd/-
/True Copy/
Sd/-
PRESIDENT, CDRF, WAYANAD.
APPENDIX.
Witness for the complainant:-
PW1. Baby Joseph. Complainant.
Witness for the Opposite Parties:-
Nil.
Exhibits for the complainant:
A1. Gosuraksha Insurance Scheme Certificate. Dt:24.10.2013.
A2. Copy of Claim Form.
Exhibits for the opposite parties:-
Nil.
Sd/-
PRESIDENT, CDRF, WAYANAD.
a/-
