Case No.42/2016   

IN THE MATTER OF

Sonu S/o Late Rajendra Singh R/o Khitkari Tehsil Koil Thana Harduaganj Post Jalali Aligarh

(Through: Advocate Kanchhi Giri)

                                                                        V/s

1. Manager, Sheyas Gramin Bank, Jalali, Aligarh                                  (Through: Advocate Vinod Kumar Sharma)
2. United India Insurance Co. Ltd. Swaran Jaynti Nagar, Aligarh (Through: Advocate R. P. Gupta)
3. Dheerendra Singh Doctor Pashu Chikitsahikari Jalali Aligarh

CORAM

 Present:

1. Shri Hasnain Qureshi, President
2. Shri Alok Upadhayay, 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- 

1. The op be directed to make payment to the complainant the insurance claim Rs 35,000/- with interest.

1. In brief, complainant’s case is that the complainant had purchased a she buffalo on 20.11.2014 financed by the Op no.1 . The buffalo was insured with the Op no.2 on 3.1.2015 and the government token of the buffalo was NI 035232. The token was lost and the information given by the bank to the insurance company and token no. NI 035251 was given by the bank. The buffalo was healthy but the buffalo died on 1.2.2016 in the pandemic breaking out in the village among the animals. The bank and insurance company were informed about the death. The veterinary medical officer did not visit the spot and the dead body of the buffalo was Thekedar of the dead animals. The insurance company avoided the payment of assured sum and hence the case was filed.
2. Op no.1 bank has admitted in WS that the complainant was financed in purchasing the She buffalo and the buffalo was insured with the opno.2 insurance company and Token no. was NI 035332 which was lost another token no. NI 35251 was given by the bank. It was also admitted that the information of the death of the buffalo was given to the bank  insurance Company and veterinary  medical officer. It was stated by the Op no.1 that on receiving information of death of the buffalo on 1.6.2016 the bank manager visited the house of the complainant for inspection of dead buffalo, but the dead buffalo was not shown and it was told by the complainant that the dead body of buffalo was taken by Thekedar and this fact was communicating the insurance company by the bank.   
3. OP no.2 stated in WS that the policy detail have not the given by the complainant and it appears from annexure 3  that the buffalo was insured with The new India Assurance Company and not be the answering the Op no.2 insurance company which has been unnessarayly  impleaded.
4. Complainants have filed his affidavit and papers  in support of his pleadings.  Ops has also filed his affidavit and papers  in support of their  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 complainants is entitled to any relief?
7. Complainant has alleged to insured the buffalo with op no.2 whereas he has file annexure 3 animals health Certificate issued by New India Insurance Company Ltd. It means the buffalo was not with the Op no.2 and complaint is not maintainable and is liable to be dismissed .
8. The question formulated above is decided in against the complainant.
9. We hereby dismissed the complainant.
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