Case No.181/2016   

IN THE MATTER OF

Rahul Kumar S/o Sri Bhikki Singh R/o Udaigarhi Post Achana Tehsil Khair Distt. Aligarh

1. Manager, Chola Mandlam M.S. General Insurance Company Ltd. Dair House 2 Floor No.2  N.S.C. Bhos Road Channai 600001 India
2. Branch Manager, Central Bank of India Branch Khair, Aligarh

CORAM

 Present:

1. Shri Hasnain Qureshi, President
2. Shri Alok Upadhayay, Member

PRONOUNCED by Shri Hasnain Qureshi, President

JUDGMENT

1.  The present complaint has been filed by the complainant before this commission for directing the Op to pay the amount Rs.40000/ as damages. 

1. In brief, complainant’s case is he had purchased a buffalo on 4.8.2013 for Rs.34000/ financed by Op no.1 and insured by Op no.2. On 26.7.2015 the buffalo suddenly died at about 10AM. Information was given same day to OP no.2 but no official of the company arrived till 27.7.2015 and after few days the photograph of dead buffalo was taken. Veterinary doctor performed the post mortem.  The insurance policy no. was 3001/00148181/ 000/00 and tag no. was 12C/ 120354. On 13.8.2013 Dr. C.B. Singh had issued health certificate of the buffalo Complainant moved the claim to OP no.2 which was declined.
2. Op no.1 stated in WS that the buffalo was insured by the OP company after explaining the terms and conditions of the policy to the complainant whereby on death of animal immediate notice was required to be given and ear tag had to be submitted and within 14 days veterinary certificate of other doctors have to be furnished. The information was given with the delay of 187 days. Op no.2 filed no Ws.
3. Complainant has filed his affidavit and papers in support of his pleadings.  Op no.1 has also filed his affidavit and papers in support of his pleadings
4. We have perused the material available on record and heard the parties counsel.
5. The first question of consideration before us is whether the complainant is entitled to any relief?
6. Admittedly, the buffalo was insured with the OP no.1.OP no.1 has not challenged the fact of the death of the buffalo and the only objection raised by the OP no.1 is delay in giving information of the death of the buffalo. Complainant has stated on oath that the insurance company was informed on 26.7.2015 the day on which the buffalo died. this  has not been satisfactorily to disbelieve the complainant. Thus it is held that complainant is entitled to be reimbursed against the damages. i.e. price of the buffalo Rs.34000/.    
7. The question formulated above is decided in favour of the complainant.
8. We hereby direct the OP no.1 to pay the complainant Rs.34000/ with penden lite and future interest at rate 9% per annum
9. Op no.1 shall comply with the direction within  45 days failing which OP shall be prosecuted for non-compliance in accordance with section 72 of the Act for awarding punishment against him.
10. 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.
11. File be consigned to record room along with a copy of this judgment