Orissa

Jharsuguda

CC/10/2018

Hirakanta Urma S/O- Late Sankirtan Urmaa - Complainant(s)

Versus

Branch Manager, Punjab National Bank, - Opp.Party(s)

Self

11 Sep 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

 

CONSUMER COMPLAINT CASE NO. 10 OF 2018

Hirakanta Urma,

S/O. Gudhiali, PO- Dudelsingha,

PS- Banharpali, Block- Lakhanpur,

Dist: Jharsuguda, Odisha………………………….…….…………Complainant.

                                                 

Versus

 

1. Branch Manager,

Punjab National Bank, Bandhbahal Branch,

            At/PO- Bandhbahal,

            Dist- Jharsuguda (Odisha)

 

2. Oriental Insurance Co.,

At/PO- Kali Mandir Road,

Dist- Jharsuguda (Odisha).

 

3. Assistant Surgeon,

Veternity, Belpahar

At/PO- Belpahar,

Dist. Jharsuguda(Odisha)...……….…....…….…..…….……..Opp. Parties

 

Counsel for the Parties:-

For the Complainant                                               Self.

For the Opp. Party No.1                                          K.C.Agrawal, Adv. & Associates.

For the Opp. Party No.2                                          A.K.Mishra, Advocate

For the Opp. Party No.3                                          Self                            

 

Date of Order: 11.09.2018

 

                                                                                                 Present

                                                                            1. Shri Sundar Lal Behera, President.

                                                                            2. Shri Santosh Kumar Ojha, Member.

                                                                            3. Smt. Anamika Nanda, Member (W).

 

Shri Santosh Kumar Ojha, Member: - The matter of disputes in brief is that, the complainant had taken loan from the O.P No.1 for the purpose of dairy farm and house for amount of Rs.2,00,000/- only on dtd.24.01.2012 and had purchased 04 numbers of cows which were insured by O.P No.2.  Against the insurance the O.P.No2 issued ear tags to every cows vide Nos. 2969, 2961, 2983, and 456902. The insurance premiums were deducted from the account of complainant amounting Rs.7,564/-  on dtd. 23.08.2013 and Rs.2,300/- only on dtd. 22.11.2014. Out of those cows, two numbers of cows have died on dtd. 20.05.2016 having ear tag No. 2969/55090 and the other one on dtd. 11.06.2016. The complainant reported the incident to the O.Ps and as per the instruction of O.P.No.1 the complainant informed to O.P.No.2 for claim of insurance. The O.P No.2 did not give insurance claim due to wrong recordings of ear tags of dead cows. The ear tags Nos. recorded by the O.P No.2 are 2921, 2925, and 2927 which are not properly matching. Due to non-settlement of insurance claim the complainant put in harassment and there are a sum of Rs. 45,274/- only is still pending for repayment to O.P No.1. The abovementioned negligent activities of the O.Ps bound the complainant to knock the door of this Hon’ble Forum for proper relief.

            The O.P No.1 and 2 filed their Written Versions through their learned Advocates and O.P NO.3 filed his written version personally. The O.P NO.1 elaborated the facts of loan and issuance of insurance and submitted that the complainant was provided loan of Rs.1,80,000/- only on different dates as on dtd. 24.01.2012, dtd. 30.05.2012, 08.06.2012 and dtd. 24.03.2014 for purchasing of cows for dairy farm. The complainant initially purchased three numbers of cows, ear tagging was done by the O.P.No.3 on dtd. 10.11.2012 vide Nos. 2969, 2961 and 2983. The O.PNo.1 entrusted the O.PNo.2 for insurance policy of said three cows by mentioning said three ear tag Nos. but instead of mentioning the said three ear tag numbers the O.P No.2 mentioned 2921, 2925 and 2927 in the Ear Tag Description of insurance policy bearing No 345604/47/2014/34 dtd. 07.11.2013 issued in the name of complainant.  There is no any allegation against the O.P.No.1 and it is the O.P NO.2 who has repudiated the insurance claim. The O.P No.2 submitted that, the as per proposal of the O.P No.1 they have insured the cows bearing ear tag No.2921, 2925, 2927 and 456902 in the Insurance Policy vide No. 345604/47/2014/34 valid from dtd. 07.11.2013 to 06.11.2016 and another policy vide No. 345604/47/2015/43 valid from dtd. 31.12.2014 to 30.12.2017. After issuance of insurance policy they neither received any information about the death of cows nor claim form either from the complainant or the O.P No.1 or the O.P No.3. The O.P No.2 submitted that there is no question of repudiation of claim is arise as well as rending deficiency of service. The O.P No.3 (the Vety. Asst. Surgeon, Belpahar) submitted that as per the application of complainant dtd. 20.05.2016 he conducted Post Mortem Examination and sent the dead intimation letter to the O.P. NO.1. The ear tag number provided to the complainant was properly matching. The O.P No.3 had not conducted the Post Mortem Examination to the cow mentioned as dead on dtd. 11.06.2016 due no intimation. On such grounds the O.Ps prayed the case to be dismissed. 

Matter of disputes heard from the parties in length and gone through the case record with documents attached. It is not disputed that the complainant had taken loan from the O.P.No.1 for diary farm and purchased 04 Nos. of cows and insured with the O.P.NO.2 and ear tags were provided to all the cows. It is also not disputed that the cows mentioned by the complainant have died within the insurance policy period. But the complainant could only prove on one cow only to be died. The sole question arise on the point of the ear tags those which have provided to the cows of complainant is not matching as per the ear tag numbers mentioned in the insurance policy

The insurance policy schedule “Livestock (Cattle) Insurance” bearing No. 345604/47/2014/34 was valid from dtd. 07.11.2013 to midnight of 06.11.2016 in the name of Hira Kanta Urma (complainant) in which three numbers of Cross Bred Milch Cow (female) were insured having ear tag Nos. ET644801 TAG-NIA-2921 having insurance premium Rs.2927/- only Sum Insured Rs.28,700/- only,  ET644801 TAG-NIA-2925 having insurance premium Rs.1,836/- only Sum Insured Rs.18,000/- only and ET644801 TAG-NIA-2927 having insurance premium Rs.1,836/- only Sum Insured Rs.18,000/- only. And in another insurance policy schedule “Livestock (Cattle) Insurance” insurance policy bearing No. 345604/47/2015/43 was valid from dtd. 31.12.2014 to midnight of 30.12.2017 in which out of 5 Nos. of insured one cow of complainant is also insured having ear tag No. 456902 insurance premium Rs.2,040/- only Sum Insured Rs.20,000/- only. All the ear tags are endorsed with “No Tag No Claim”. The complainant has filed the original ear tag bearing No. 2969 / 55090 before the forum which is kept with the case record. But regarding another dead cow the complainant failed to file any ear tag.

On the above mentioned circumstances, it is cleared that two numbers of cows of complainant had died out of those, only one ear tag the complainant could file. As per the insurance policy condition “No Tag No Claim” the complainant is entitled to get insurance claim of only one cow having proper ear tag. It is also found that no claim form was filled up by the complainant. While the complainant visited to the O.P No.2 for settlement of insurance claim, the O.P No.2 simply ignored due to the ear tag numbers were mismatching as per the insurance policy certificate, where the insurance policy was issued by the O.P No.2 himself mentioning wrong ear tag numbers. Due to such negligent activities, the complainant put in immense harassment and tortured mentally. The O.P.No.1 has financed the cows of complainant and remitted the premium amounts to the O.P.No.2 as well as the O.P.No.3 after verification has conducted post mortem to the dead cow and reported. The activities of O.P.No.1 and O.P.No.3 are not found any guilty on their performances. The negligent activities of the O.P.No.2 shows clearly committing deficiency in service towards the complainant, hence the complaint petition is allowed with following directions to the O.P.No.2.

 

ORDER

1. The O.P.No.2 is hereby directed to issue Claim Form to the complainant within 07(seven) days from the date of receipt of this order. The complainant is also directed to submit the Claim Form to the O.P.No.2 with due procedures.
2. The O.P.No.2 is hereby further directed to settle the insurance claim of complainant within 30(thirty) days after receiving the filed up Claim Form from the complainant and pay a sum of Rs.28,700/- (Rupees twenty eight thousand seven hundred) only towards sum insured of having insurance premium amounting Rs.2,927.40P(Rupees two thousand nine hundred twenty seven and forty paise) only along with pay a sum of Rs.5,000/- (Rupees five thousand) only towards harassment, mental agony including litigation costs to the complainant, failing which the O.P.No.2 shall be liable to pay interest at the rate of 12% per annum on aforesaid awarded amounts till realization.

            Accordingly the case is disposed of.

Order pronounced in the open court today the 11^th day of September’ 2018. Free copy of this order shall be supplied to the parties as per rule.

 

                                                          I Agree                                  I Agree.                                                                                      

                                         

                                                       A.Nanda, Member (W)          S. L. Behera, President             S.K.Ojha, Member            

 

                                                            Dictated and corrected by me

 

                                                                                                         S.K.Ojha, Member