Punjab

Fatehgarh Sahib

CC/23/2015

Mall Singh - Complainant(s)

Versus

ICICI Lombard - Opp.Party(s)

Sh G.S sandhu

29 Feb 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, FATEHGARH SAHIB.

Consumer Complaint  No. 23 of 2015

                                           Date of institution : 18.02.2015                                                  Date of decision    : 29.02.2016

Mall Singh son of Sh. Chanan Singh resident of village Bholia P.O. Naraingarh Tehsil Amloh District Fatehgarh Sahib.

……..Complainant

Versus

1. ICICI Lombard General Insurance Company Limited, having its Office at Space No.1-5, 3^rd Floor, Kunal Tower, 88, Mall Road, Ludhiana-141001, through its Customer Service Manager.
2. ICICI Bank Branch Amloh Tehsil Amloh, District Fatehgarh Sahib, through its Branch Mananger.

…..Opposite Parties

Complaint Under Sections 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.Sandhu, Adv. counsel for the complainant.                        Sh.Vinay Sood, Adv.Cl. for OP No.1.                                                   Pt. Narinder Kumar, Adv.Cl. for OP No.2.

ORDER

 

By Amar Bhushan Aggarwal, Member

                      Complainant, Mall Singh son of Sh. Chanan Singh resident of village Bholia P.O. Naraingarh Tehsil Amloh District Fatehgarh Sahib, has filed this complaint against the Opposite Parties (hereinafter referred to as the OPs) under Sections 12 and 14 of the Consumer Protection Act. The brief facts of the complaint are as under:

2.                   The complainant took a loan of Rs.3,80,000/- from OPs and  got insured his seven cows and paid Rs.42,697/- as premium on 21.04.2012.  The OPs issued insurance cover for the period from 16.05.2012 to 15.05.2015 i.e. for three years.  Thereafter on 26.02.2013, out of said seven cows, one cow bearing tag No.100002861 has died. The complainant immediately informed the OPs and also sent the death record of said cow along with cause of death mentioned in the same by Dr. Amrik Singh, Veterinary Officer, C.V.H. Amloh. The OPs inquired about the death of cow and the inquiry officer sent a report that the cow has died due to acute heart failure. But the OPs did not pay the insured amount to the complainant inspite of repeated requests and thereafter OPs issued a letter to the complainant for submission of the documents mentioned in the said letter. The complainant again submitted all the relevant documents to the OPs and requested to release the claim. The complainant also served a legal notice to OPs to release the claim but all in vain. The act and conduct of the OPs is clear cut deficiency in service and unfair trade practice on their part. Hence this complaint for giving directions to the OPs to pay the insurance amount and further to pay Rs.50,000/- as compensation for harassment, Rs.5000/- as counsel fee and Rs.500/- as misc. expenses.

3.                   The complaint is contested by the OPs.  In reply to the complaint OP No.1 raised certain preliminary objection, inter alia, that the present complaint is false, vexatious and has been filed with a malafide intention to harass OP No.1; the present complaint is not maintainable and the same is liable to be dismissed; this Forum has no territorial jurisdiction to try and decide the present complaint and the present complaint is bad for mis-joinder and non-joinder of necessary parties. As regards to the facts of the complaint OP No.1 stated that on receipt of the information from the complainant OP had investigated the matter and the complainant was asked to submit all the claim documents at the earliest. But despite repeated requests and reminders he failed to submit all claim documents. As such, the claim was rightly closed on 22.07.2013 for non submission of the documents. There is no deficiency in service on its part. After denying the other averments made  in the complaint, it prayed for dismissal of the complaint.

4.                   In reply to the complaint OP No.2 stated that the complainant obtained a loan of Rs.3,80,000/- from it and the same is repayable in 36 installments of Rs.12,993/- each. The amount of insurance was paid by the complainant to OP No.1 and the cow was insured with OP No.1. It has no concern with the payment of claim and the amount if any, is payable by OP No.1 being the insurer.  There is no deficiency in service on its part. It is further stated that in case any amount is ordered to be paid by the OP No.1, then the same is payable to OP No.2 as the cattle was under hypothecation with it. After denying the other averments made in the complaint, it prayed for dismissal of the complaint qua it.

5.                   In order to prove the case the complainant tendered in evidence his affidavit Ex. C-8 and attested copies of documents i.e. loan account statement Ex. C-1, post mortem certificate  Ex. C-2, legal notice Ex. C-3, original postal receipt Ex.C-4, Legal notice dated 17.12.2014 Ex. C-5, postal receipt Ex. C-6 and claim form for cattle insurance Ex. C-7 and closed the evidence. In rebuttal OP No.1 tendered in evidence affidavit of Meenu Sharma Ex. OP1/1, true copies of documents i.e. copy of letter dated 01.04.2013 Ex. OP1/2, letter dated 15.04.2013 Ex. OP1/3, letter dated 06.05.2013 Ex. OP1/4, postal receipts Ex. OP1/5 to OP1/7, letter dated 22.07.2013 Ex. OP1/8, postal receipt Ex. OP1/9 and terms and conditions Ex. OP1/10 and closed the evidence. OP No.2 tendered in evidence affidavit of Arashdeep Kumar, Legal Manager Ex. OP2/1, certified copy of letter dated 30.05.2015 Ex. OP2/2 and closed the evidence.

6.                   Written arguments were not submitted neither by the complainant nor the OPs. The Ld. Counsel for the complainant argued that he immediately informed the OPs about the death of Cow alongwith cause and record of death and death certificate issued by veterinary officer of Civil Veterinary Hospital, Amloh. The OPs have not paid the insurance amount inspite of repeated requests and visits to the OPs Office. All the required documents were submitted and legal notice was also served but even then the insurance claim has not been paid. The Ld. counsel for the complainant pleaded for acceptance of his complaint.

7.                   The Ld. counsel for OP No.1 pleaded that the claim has not been repudiated. The claim had been closed on 22.07.2013 for non-submission of documents and that there was no deficiency in service on its part and pleaded for dismissal of complaint.

8.                   The Ld. counsel for OP No.2 argued that OP No.2 has no concern with the payment of claim and there was no deficiency in service on the part of OP No.2. He further pleaded that in case any amount is to be ordered to be paid by OP No.1, then the same is payable to OP No.2 as the cattle was under hypothecation with it. OP No.2 prayed for dismissal of the complaint qua it.

9.                   After hearing the Ld. counsel for the parties and going through the pleadings, evidence produced by the parties and the oral arguments, we find that there is no proof as to the submission of claim along with the necessary documents with OP No.1. Hence, we dispose of the complaint with the direction to the complainant to submit the claim on the prescribed proforma along with necessary documents demanded by OP No.1. We also direct OP No.1 to settle the claim within one month after receipt of the claim along with documents. Liberty is also granted to the complainant to approach this forum again on the same cause of action, if he is not satisfied with the decision of OP No.1. There is no order as to costs. Parties to bear their own cost.

10.                 The arguments on the complaint were heard on 24.02.2016 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:29.02.2016

(A.P.S.Rajput)                          President

 

(Veena Chahal)                        Member

 

      (A.B.Aggarwal)                       Member