Haryana

Charkhi Dadri

CC/182/2022

Sunder Singh - Complainant(s)

Versus

Divisional Manager/ authorized person, The New India Assurance Company Limited - Opp.Party(s)

Sh. Jagdish Sheoran

18 Sep 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, CHARKHI DADRI

                              

                                                                   Complaint No.: 182 of 2022.

                                                                   Date of Institution: 22.07.2022.

                                                                   Date of Decision: 18.09.2024.

Sunder Singh son of Sh. Har Narayan, resident of village Jeetpura, Tehsil Badhra, District Charkhi Dadri (Haryana)

                                                                    ….Complainant.  

                                      Versus

1. The New India Assurance Company Limited, Divisional Office-312700, NH-5/R/2, Badshah Khan, Faridabad through Divisional Manager/authorized person.
2. The New India Assurance Company Limited, Branch Office, Opposite Civil Hospital, Ghantaghar Chowk, Bhiwani (Haryana) through Manager/authorized person.

                                               

…...Respondent.

                   COMPLAINT UNDER SECTION 35 OF

                   THE CONSUMER PROTECTION ACT,

 

Sitting:        Hon’ble Shri Manjit Singh Naryal, President,

                   Hon’ble  Shri Dharam Pal Rauhilla, Member,

 

Present:       Sh. Jagdish Sheoran, Advocate for complainant.  

Sh. Sanjay Sharma, Advocate for OP.

                  

ORDER

                   The case of the complainant in brief, is that he was owner of a Cow of Jarsi Breed which was insured from OPs for a sum of Rs.60,000/- vide cover note No. 455134 for the period w.e.f. 10.12.2020 to 09.12.2021 and tag bearing No.102176-018325 was issued by the OPs. Unfortunately the Cow of complainant died during the subsistence of insurance policy and Post Mortem of cow was conducted by the Govt. Veterinary Surgeon, Government Veterinary Hospital, Harodi, District Charkhi Dadri vide PMR No.11 dated 01.10.2021. It is further alleged that complainant informed the OPs regarding death of Insured Cow. Thereafter surveyor visited the house of the complainant to enquire about the matter and obtained signature on some blank paper and assured that the claim amount would be paid and after completion of all the formalities. He had submitted claim form but the claim of the complainant was repudiated by OP vide letter dated 05.05.2022. The complainant further alleged that due to the act and conduct of the OPs, he had to suffer mental agony, physical harassment and financial losses. Hence, it amounts to deficiency in service on the part of OPs and as such, he had to file the present complaint.

2.                On appearance, the OPs filed the contested written statement alleging therein that on receipt of information regarding the death of insured Cow, the surveyor was deputed to verify the death of insured Cow. As per report,  it revealed that  the complainant had sold his cow to one Rajesh Kumar without giving any information to the OPs as well as name of the vendee was not changed in the said insurance policy. Hence the complainant has no insurable interest on the insured cow. As such the claim of the complainant was not found to be genuine. Hence, the claim of the complainant was rightly rejected and informed him vide letter dated 05.05.2022. So, there is no deficiency in service on the part of OPs and complaint of the complainant is liable to be dismissed with costs.

3.                The complainant in support of his case has filed his affidavit Ex.CW1/A and tendered the documents Ex.C1 to Ex.C5 and closed his evidence on dated 07.02.2023.                  

4.                The Counsel for the OP no.1&2 has filed affidavit Ex.RW1/A and tendered the documents Ex.R1 to Ex.R5 and closed the evidence on 08.01.2024.

5.                We have heard the arguments of learned counsel for both the parties and have gone through the entire evidence placed on record by the parties very carefully and minutely.

6.                The ld. Counsel for the complainant contended that the claim of the complainant was wrongly closed by the respondent vide letter dated 05.05.2022, so it has no effect on the rights of the complainant, hence, he is legally entitled to claim the compensation.

7.                After hearing the learned counsel for both the parties and having gone through the material available on the records, we are of the considered view that the complaint of the complainant deserves acceptance, as there is deficiency in service on the part of the OPs.  It is admitted fact that complainant was owner of the Cow which was insured from OPs for a sum of Rs.60,000/- and tag bearing No. 102176-018325 issued by the OPs. It is also admitted fact that the Cow of complainant died during the subsistence of insurance policy and Post Mortem was conducted by the Veterinary Surgeon, Govt. Veterinary Hospital, Harodi vide PMR No.11 dated 01.10.2021.  The OPs had not placed on record any evidence/document in favour of its averment that the insured cow was sold to one Shri Rajesh.

8.                In our view, the plea taken by the respondent that the complainant has no insurable interest as cow was sold to one Sh. Rajesh Kumar is not acceptable and tenable because the post mortem report  (Ex.C1) of the cow conducted by the Veterinary Surgeon of Govt. Veterinary Hospital, Harodi  reveals that the cow having Ear Tag No. 102176-018325 had died on 01.10.2021 and the name of the owner of the insured Cow in the post mortem report is Sunder Singh S/o Harnarayan (complainant).  No contrary evidence has been produced by the OPs to disprove the above said fact, whereas it is fully proved from the post mortem report and the documents of insurance that the name of owner of the insured Cow is Sunder Singh and insured cow died on 01.10.2021 i.e. during the subsistence of insurance policy and the tag number was also the same.  Hence, in view of these circumstances, the complaint of the complainant is allowed with costs and OPs are directed: -

1. To pay Rs. 60,000/- along with interest @ 9 % p.a.  from the date of filing of this complaint i.e. 22.07.2022  till its realization.
2. To pay Rs. 3,000/- as compensation on account of mental pain and agony and Rs. 3,000/- as litigation expenses.

9.                The above order be complied within 45 days from the date of this order failing which further interest @12% will be paid by the OP for the delayed period.

                      Certified copies of the order be supplied to the parties free of costs.  File be consigned to the record room, after due compliance.