MR. PRAVAT KUMAR PADHI, PRESIDENT:-
Complainant filed this consumer complaint against the Ops and prayed before this Commission to direct the Op No.1 to pay the insured money of Rs. 40,000/- along with 12% interest per annum and pay Rs. 10,000/- for mental agony and Rs. 10,000/- towards cost of litigation.
The case of the Complainant is that he has insured his cow vide ear tag No. NIA/310033/217784 with New India Assurance Co. Ltd. (OP No.1) at the cost of premium through Chief District Block Veterinary Officer, Garadpur (Op No.2), accordingly the cow was insured.
The Op No.1 has not filed written version. Hence Op No.1 is set ex-parte vide order No. 8 dt. 7.11.23. The Complainant is bound to prove not only the death of alleged cow but also to prove that the cow was treated before the V.A.S, Garadpur and supporting documents.
Heard the Ld. Counsel for the complainant. Op No. 1 has been set ex-parte. Perused the materials found on record. It is found that the Complainant got the status of a consumer within the meaning of the Consumer Protection Act. Out of such pleadings of the complainant it seems to be an admitted case that the complainant has hired the services of the Op No.1 under a Govt. sponsored benevolent scheme as such entitled to sum assured in terms of contract. The Op No.1 did not appear and set ex-parte, V.A.S Garadpur conducted postmortem of cow of the complainant and submit the report and other documents to Op No.1 vide office letter No. 2031 dt. 11.06.2020 but no communication from Op No.1. So we are impressed beyond doubt that Op No.1 has committed deficiency of service read with unfair trade practice, hence would not be prejudiced of be fixed with accountability for nonpayment of sums with cost of this proceeding in the interest of natural justice.
In the result this complaint is allowed on contest against Op No.1 with a cost of 500/-. The Op No.1 is directed to pay insured amounts Rs.40,000/- with cost so fixed to the complainant within 30 days from the date of this order.
With the aforesaid observation and direction the C.C.Case No. 46/2023 is allowed and accordingly disposed off. Issue extract of the order to the parties for compliance.
Pronounced in the open Commission, on this the 6th day of December,2023.
I, agree.
Sd/- Sd/-
MEMBER PRESIDENT
