Punjab

Fatehgarh Sahib

CC/34/2015

Bhag Singh - Complainant(s)

Versus

ICICI Bank ltd - Opp.Party(s)

Sh GS Virk

12 Jan 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, FATEHGARH SAHIB.

Consumer Complaint  No. 34 of 2015

                                           Date of institution : 26/03/2015    

                                              Date of decision    : 12.01.2016

Bhag Singh aged about 60 years, son of Nasib Singh, resident of village Rampur Kalera, Tehsil Bassi Pathana, District Fatehgarh Sahib.

……..Complainant

Versus

1. ICICI Bank Limited, branch Fatehgarh Sahib, District Fatehgarh Sahib through its Branch Manager.
2. Mr. Winner Pal Singh, Customer Service Manager, ICICI Lombard General Insurance Company Ltd., having its office at Space No.1-5, 3^rd Floor, Kunal Tower, 88, Mall Road, Ludhiana, District Ludhiana.
3. ICICI Lombard General Insurance Company Limited, having its Head Office, at ICICI Lombard House 414, Veer Savarkar Marg, Prabhadevi, Mumbai-400025 through its Managing Director/Chairman.

…..Opposite Parties

Complaint Under Sections 11, 12 and  14 of the Consumer Protection Act.                                              

Quorum

Sh. Ajit Pal Singh Rajput, President                                    

  Smt. Veena Chahal, Member                                                

       Sh. Amar Bhushan Aggarwal, Member

Present :  Sh.G.S. Virk, Adv. counsel for the complainant.     

                                 Pt. Narinder Kumar, Adv.Cl. for OPs No.1 & 3.    

                               OP No.2 exparte.

ORDER

 

Ajit Pal Singh Rajput, President.

            Complainant, Bhag Singh aged about 60 years, son of Nasib Singh, resident of village Rampur Kalera, Tehsil Bassi Pathana, District Fatehgarh Sahib, has filed this complaint against the Opposite Parties ( hereinafter referred to as the OPs) under Sections 11,12 and  14 of the Consumer Protection Act. The brief facts of the complaint are as under:

2.         The complainant approached OP No.1 for obtaining a cattle loan and it sanctioned a loan of Rs.90,000/- for the purpose of purchasing two animals. OP No.1 deducted the amount of Rs.18,000/- from the loan amount being insurance of the cattle i.e. one cow and one buffalo for a sum assured of Rs.45,000/- each. The said cow and buffalo were insured vide policy No.4057/72283306/00/000. The said cow bearing tag No. 100020322 died on 24.11.2014. The complainant immediately informed the opposite parties regarding the death of said animal.  The cow was treated from Civil Veterinary Hospital Jai Singh Wala and the postmortem of the said animal was also conducted in the said hospital on 06.12.2014. Thereafter the complainant submitted the death record of the said animal alongwith the claim form and other particulars as required by the OPs. Thereafter the OPs inquired about the death of the said animal through the inquiry officer. Despite repeated requests made by the complainant to the OPs to release the claim, the OPs failed to compensate the complainant and did not pay the insured amount to the complainant. The OPs repudiated the genuine claim of the complainant by stating that ‘death due to mismanagement of farm or stable’, which is totally wrong as he was providing meals and other needy things to the said animal at proper time as the same is the only source of income for him and thus the question of mismanagement does not arise at all. Even, the OPs did not consider the postmortem report in which the cause of death of the said animal has been clearly shown by the doctor. The act and conduct of the OPs amounts to deficiency in service on their part. Hence, this complaint for giving directions to the OPs to pay Rs.45,000/- as insurance amount of the said animal along with interest @ 12% P.A. and Rs.50,000/- as compensation for metal agony, physical harassment and economical loss suffered by the complainant.

3.         Notice of the complaint was issued to the OPs but OP No.2 choose not to appear to contest this complaint. Hence, OP No.2 was proceeded against exparte. The complaint is contested by OPs No. 1 & 3.

4.         In reply to the complaint, OP No.1 raised certain preliminary objections, inter alia, that the complaint is false, frivolous, vague and vexatious in nature; the present complaint is not maintainable for want of cause of action and the same is not maintainable in the present form for want of jurisdiction. As regards the facts of the complaint, OP No. 1 stated that the complainant is not entitled to get any amount from it. The amount, if any, is payable by  OP No.3 being the insurer of the animals. After denying the other  averments made in the complaint it prayed for dismissal for the complaint.

5.                   In reply to the complaint, OP No.3 stated that after getting the information regarding the death of cow, it appointed Mr. Daljinder Singh, Surveyor, who visited the premises of the complainant and got the necessary documents. During the survey the complainant disclosed that the cow was sick from the last 5-6 days and the complainant got treated the animal from Dr. Mohan Singh,  whereas no record regarding the treatment was supplied. The complainant has concocted a false story regarding treatment from alleged Dr.Mohan Singh. In fact, the animal was not treated by the complainant from the competent doctor, which led to death of animal, which is clear cut violation of the clause 8 of the policy. Therefore, the claim was repudiated vide letter dated 08.01.2015 and the intimation of the same was duly given to the complainant.  After denying the other  averments made in the complaint it prayed for dismissal for the complaint.

6.         In order to prove his case, the complainant tendered in evidence his affidavit Ex. C-1, attested copy of policy Ex. C-2, attested copy of treatment certificate Ex. C-3, attested copy of claim form Ex. C-4, attested copy of postmortem certificate Ex. C-5, attested copy of affidavit Ex. C-6, attested copy of repudiation letter  dated 08.01.2015 Ex. C-7 and closed the evidence. In rebuttal OPs No. 1 and 3 tendered in evidence affidavit of Sh. Arashdeep Kumar, Legal Manager, Ex. OP-1, attested copy of letter dated 30.05.2015 Ex. OP-2, affidavit of Meenu Sharma Ex. OP-3, true copies of documents i.e. letter dated 08.01.2015 Ex. OP-4, survey report Ex.OP-5, postmortem certificate Ex. OP-6, treatment certificate Ex. OP-7, policy Ex. OP-8 and closed the evidence.

7.         The ld. counsel for the complainant has submitted that the main controversy involved in the present complaint is that the claim of the complainant had been repudiated by OP No. 3 on the ground of mismanagement of farm (treatment by unauthorized doctor) i.e    Ex.C-7, and based the aforesaid repudiation on the findings given in the surveyor report i.e Ex.OP-5. The ld. counsel pleaded that the said survey report is not based on true facts, in fact the same is a manipulated one. The ld. counsel brought into our notice that the treatment certificate i.e Ex.C-3, claim form i.e Ex.C-4 and Post- Mortem certificate had been signed and stamped by Dr.Manjit Singh, who is a Government Veterinary/Authorized Veterinary doctor in the area. The ld. counsel argued that OP No.3 has not placed on record any evidence, which can prove that the deceased cow of the complainant was treated by some unauthorized Doctor. The ld. counsel made a submission that from the act and conduct of the OPs, it is well established that the claim of the deceased cow was rejected in an arbitrary manner and thus the OPs had committed deficiency of service and the complainant deserves to be compensated.

8.         On the other hand, the ld. counsel for OP No.1 & 3 has submitted that the claim of the complainant has rightly been repudiated by the OP No.3 as the decision is based on the fact finding report of surveyor i.e Ex.OP-5, whereby it has been mentioned that the complainant was unable to produce the treatment record of the deceased animal. The ld. counsel further submitted that in case the complaint of the complainant is accepted he cannot be held entitled to the insured amount as his dues towards the loan are still pending.

9.         After hearing the Ld. Counsel for the parties and going through the pleadings, evidence produced by the parties and the oral arguments and written submissions, we find that there is merit in the submissions made by the Ld. Counsel for the complainant. In our opinion as per the treatment certificate i.e Ex.C-3, claim form i.e Ex.C-4 and Post- Mortem certificate i.e Ex.C-5, had been signed and stamped by Dr.Manjit Singh, who is the only  Government Veterinary/authorized Veterinary doctor in the area. It has been  established that deceased cow of the complainant was treated under the supervision of the authorized Veterinary doctor. Thus in view of the aforestated facts and evidence the surveyor report i.e Ex.OP-5 cannot be accepted. We find that OP No. 3 had committed deficiency of service by not settling the genuine claim of the insured dead animal of complainant.

10.        Accordingly, in view of the above discussions, we partly accept the present complaint and direct OP No. 3 to pay a sum of Rs.45,000/- as per the insurance policy on the life risk of the deceased animal. However if any loan amount is pending against the complainant then the bank i.e OP No.1 is entitled to the said amount.  The complainant is held entitled for a sum of Rs.10,000/- on account of compensation for harassment and mental agony and Rs.3,000/- as litigation cost. OP No.3 is directed to comply with this order within 45 days from the date of receipt of the same. In case OP No.3 is unable to comply with this order they shall be liable to pay 9 % interest per month till its realization.

11.       The arguments on the complaint were heard on 07.01.2016 and the order was reserved. Now the order be communicated to the parties. Copy of the order be sent to the parties free of cost and thereafter the file be consigned to the record room.

Pronounced

Dated:12.01.2016

(A.P.S.Rajput)   

 President

 

(Veena Chahal)                     

   Member

 

      (A.B.Aggarwal)                      

        Member