Case No.80/2015   

IN THE MATTER OF

Manveer Singh  S/o Sri Shivram R/o Gram Hastpur Tehsil Iglas Distt. Aligarh

(Through: Advocate Ved Prakash Sharma)

                                                         V/s

1. Divisional United India Insurance Company Ltd. Kuber Abode HIG-B/96 Swran Jayanti Nagar, Ramghat Road, Aligarh

                                            (Through: Advocate R.P. Gupta)

2. Branch Manager, Gramin Bank of Aryavart , Branch Hastpr, Aligarh

CORAM

 Present:

1. Shri Hasnain Qureshi, President
2. Shri Alok Upadhayay, Member
3. Smt. Purnima Singh Rajpoot, Member

PRONOUNCED by Shri Hasnain Qureshi, President

JUDGMENT

1. The present complaint has been filed by the complainant before this commission for  the following reliefs-

(a) Op be directed to pay assured sum Rs.30000/ of the insured buffalo with interest.

(b) Op be directed to payRs.5000/ incurred by the complainant.

(c) Compensation for mental agony and economic damages at Rs.20000/

(d) Cost of the case Rs.10000/.

2. The Complainant stated that he had purchased a buffalo for Rs.30000/ financed by Op no2 and insured with Op no1. At the time of insurance ear tag no UIIC 1255 was given. The buffalo had suddenly fallen ill on 18.1.2014 and died at about l P. M. On the  same day complainant went to the office of Op no.2 but the office was closed on that day. Next day complainant informed  the Op no.2 and then Op no.1 appointed investigator who inspected the spot and the veterinary doctor also reached there and conducted postmortem. Complainant filed the claim which was repudiated on dated  26.09.2014 on the false ground of cutting the ear before the inspection of the spot.
3.  Op no.1 submitted in WS that on 18.1.2014 surveyor of the company was informed through  op no.2 who inspected the spot on 19.1.2014 and it was found that the ear of the buffalo  was cut prior to spot inspection and false claim was moved by the complainant. 
4. Complainant has filed his affidavit and papers in support of his pleadings.  Op has also filed his affidavit and papers  in support of his pleadings
5. We have perused the material available on record and heard the parties counsel.
6. The first question of consideration before us is whether the complainant is entitled to any relief?
7. In view of the pleadings of parties the dispute of identity of the insured buffalo is involved and complainant has to establish the identity of the buffalo. There is no satisfactory proof that the buffalo was having ear tag in the ear at the time of death. Thus it cannot be said that the dead buffalo was insured and therefore complainant is not entitled to the assured sum.
8.   The question formulated is decided against the complainant.
9.  We hereby dismiss the Complaint.
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.