PER MR.B.S.WASEKAR, HON’BLE PRESIDENT
1) The present complaint has been filed by the complainant u/s 12 of the Consumer Protection Act, 1986. According to the complainant, her husband Mr.Bapu Bajirao Kale was an agriculturist holding Gut No.174 at village Jainakwadi, Taluka-Baramati District-Pune. He died accidentally on 23rd February, 2012 by fall. She submitted insurance claim under the Government scheme of Shetkari Apghat Vima Yojana. Her claim was not satisfied therefore she has filed this complaint for insurance claim of Rs.1 Lakh with interest.
2) The opponent appeared and filed written statement. It is submitted that the complaint failed to submit required documents. As there are no documents as per requirement of the agreement, the complainant is not entitled for insurance benefit. There is no deficiency in service on the part of the opponent therefore the complaint is liable to be dismissed with cost.
3) After hearing both the parties and after going through the record, following points arise for our consideration.
POINTS
Sr.No. | Points | Findings |
1) | Whether there is deficiency in service ? | No |
2) | Whether the complainant is entitled for the relief as claimed ? | No |
3) | What Order ? | As per final order |
REASONS
4) As to Point No.1 & 2 :- The complainant has produced the revenue record, showing that her husband was holding agricultural land and he was farmer. The claim submitted by the complainant was repudiated by the opponent vide letter dated 14/08/2012 on the ground that, the required documents were not submitted. It is submitted by the learned advocate for the opponent that, even before this forum the complainant has not submitted the required document as per government circular and tri-party agreement. It appears that information was not given to the police station at all. As per Government Resolution and agreement, it is necessary to submit documents i.e. F.I.R./Police Patil Report, Inquest Panchanama and Post Mortem Report. These documents were not submitted before the opponent. The complainant also failed to produce these documents before this Forum with the complaint. As there are no documents, there is no compliance of Government Resolution and agreement. Therefore, the complainant is not entitled for the insurance benefit. Hence, we proceed to pass the following order.
ORDER
- Complaint stands dismissed.
- Parties are left to bear their own costs.
- Inform the parties accordingly.
Pronounced on 04th July, 2016
