By Sri. K. Gheevarghese, President:
 

The complaint filed under section 12 of the consumer Protection Act 1986.
 

The sum up of the complaint is as follows:- The Complainant purchased a cow availing a loan from Nalloornad Service Co-operative Bank under the scheme Vidharbha Model Wayanad Package. The cost of the cow was Rs.28,000/- and the cow was insured for the amount of purchase and the period is having coverage of policy. The cow was infected of disease and treatment was given by the Veterinary Doctor. The cow was conceived and due to the disease the calf dead was taken out by sesserian. Even after taking of the calf by sesserian, the cow was undergoing some other ailments and the Complainant had to spent enough amount for treatment of the cow. The Doctor who treated the cow stated that the cow is having permanent total disability. The Complainant on finding the cow in total disability disposed the cow for the meet price of Rs.4,000/-. The claim of the Complainant was for the issuance of the 75% of the sum insured, since the cow was belonging to the Vidharbha Package Scheme, but it was repudiated by the Opposite Party. The Opposite Party sanctioned only Rs. 10,000/-. There may be an order directing the Opposite Party to give the Complainant 75% of the sum insured deducting the claim amount already paid by the insurer. The Opposite Party may be directed to give Complainant Rs.6,000/- towards the loss and hardship along with cost and compensation.

2. The Opposite Party filed version in short it is as follows:- The cow was insured for a sum of Rs.28,000/-. The allegation of the complainant that insured sum of Rs.28,000/- is incorrect. The complainant was given Rs.10,000/- as the full and final satisfaction of the claim. It was as per the terms of the policy and conditions. The claim of the Complainant that she is eligible to get 75% of the sum insured is not correct. As per the terms of the policy and condition, the claimant is entitled to receive 50% of sum insured ie. Rs.10,000/-. There was no delay in the distribution of the claim amount the complaint is to be dismissed with cost.

3. The points in consideration are:-

1. Is there any deficiency in service on the part of the Opposite Party?

2. Relief and cost.

4. Points No.1 and 2:- The points No.1 and 2 can be considered together. The Complainant and Opposite Party filed proof affidavit. Exts. A1 to A3 are the documents produced on the side of the complainant. Exts.B1 to B5 are the documents filed in support of the contentions of the Opposite Party. The complainant has given oral testimony in this case. The dispute in between the Complainant and Opposite Party is in respect of the percentage of the amount that is eligible. The Opposite Party insured the cow for an amount of Rs.20,000/-. The purchase of the cow as per Ext.A1 is under the Vidharbha Modal Wayanad Package. As per Ext.B2 the purchase of the cattle belongs to Wayanad Package Scheme. The benefits of the policy clause 7 in Ext.A1 amplifies that if the cattle belongs to the scheme 75% of the sum insured is to be disbursed to the policy holder. The non issuance of the sum liable to be issued is not disbursed to the complainant in the instant case. We find it as the deficiency in service on the part of the Opposite Party.

5. The Opposite Party already disbursed Rs.10,000/- to the Complainant towards claim amount and it is admitted that the Complainant sold the cow for in price for Rs.4,000/- on selling the cow at meet price in total Rs.14,000/- already received by the Complainant. The eligible amount for the claimant is Rs.15,000/- and considering that Rs.1,000/- yet to be received by the Complainant if the terms and conditions of the policy is to be pertained and cost is also to be paid to the Complainant.

In the result, the complaint is partly allowed. The Opposite Party is directed to give the Complainant Rs.1,000/- (Rupees One thousand only) in addition to the amount already paid along with cost of Rs.500/- (Rupees Five hundred only). The Opposite Party is directed to give the Complainant this amount within one month from the date of receiving this order.

Pronounced in open Forum on this the day of 18^th November 2009.

PRESIDENT: Sd/-

MEMBER- I : Sd/-

MEMBER-II: Sd/-

A P P E N D I X

Witnesses for the Complainant:

PW1. Molly George Complainant.

Witnesses for the Opposite Parties:

Nil.

Exhibits for the Complainant:

A1. Copy of Cattle Insurance Proposal Form dt: 8.7.2008.

A2. Copy of Claim Form dt:8.7.2008.

A3. Copy of Livestock claim – Veterinary Certificate.

Exhibits for the Opposite Parties:

B1. Receipt. dt:15.2.2009.

B2. Cattle Insurance Policy Schedule.

B3. Copy of Claim Disbursement Voucher. dt:24.04.2009.

B4. Settlement Intimation Voucher.

B5. Claim Details Report.