MR LAXMI NARAYAN PADHI, PRESIDENT…           The grievance is that the complainant had purchased a milky cow availing loan of Rs.50,130/- from OP.1 and paid Rs.4045/- towards premium to insured the same with OP.2 vide Tag No.OIC 220500. That on 11.2.15 i.e. within valid insured period the cow in question has died due to pregnancy pain. Hence the complainant said to have approached all the OP.s for the insurance benefit to purchase a new cow, but the OP.s did not respond to her request, hence she prayed before this forum to allow a total sum of Rs.55,000/- as compensation, cost and interest.

2.         The counsel for OP.1 has filed his counter and stated that, this OP sanctioned the loan for the said cow and insured with Oriental Insurance Co.Ltd, and on receipt of claim, the OP.1 expeditiously with war footing efforts settled the claim of complainant with Oriental Insurance Co, and the insurance Co, paid by crediting a sum of Rs.30,000/- in the account of complainant, hence there is no deficiency in service, and the case is liable to dismiss on the above grounds only.

3.         The counsel for OP.2 has also filed his counter and averred that, the insurance claim is related to Oriental Insurance Co.Ltd, and the complainant has wrongly made this OP.2 as party with an intention of undue gain. Hence he prayed to dismiss the case against this OP for misjoinder of parties, imposing exemplary cost of Rs.10,000/- to the complainant.

4.         From the above claim and counters it reveals that, the complainant had procured the said cow being availed a loan from OP.1 and the cow in question was insured by Oriental Insurance Co. Ltd, Jeypore and after due formalities the B.M. Oriental insurance Co, had settled the claim of Rs.30,000/- in favour of complainant and the amount was credited in to the account of complainant on 24.07.2015, but the complainant suppressed the facts before this forum in the entire adjudication. This forum feels that, none of the cause of action accrues against the OP.s qua the insurance company as OP.2, hence we dismiss the case for misjoinder of necessary parties. However the complainant has liberty to file fresh claim with proper parties along with relevant evidences. No costs. Let the free copy be supplied to the parties concerned.

                  Sd/-                                                                               Sd/-

            MEMBER                                                           PRESIDENT, DCDRF,

                                                                                            NABARANGPUR.