By. Sri. P. Raveendran, Member:-
Brief of the complaint:- The complainant's cow was insured with opposite party on 25.11.2007, the cow died and the Veterinary Surgeon conducted postmortem on the same day and the death of the cow was intimated to the opposite party and he contacted opposite party on 04.01.2010, 13.10.2010 and 24.02.2010 but the opposite party has not give the insured amount. This is deficiency in service on the part of opposite parties. Hence it is prayed that to give direction to the opposite parties to pay the insurance amount of the cow bearing ear tag No.2652 died on 23.11.2010 and the cost of the complaint.
2. Opposite party appeared and filed their version. In the version opposite party stated that the complainant has not furnished the policy number and not produced claim form, postmortem certificate of cow bearing ear tag No.28642. The complainant is silent of actual cause of death and period of illness. There is no deficiency of service on the part of the opposite party. Hence the complainant is not entitled to get any relief. On the basis of above contention the Forum may disallow the petition with cost to the opposite party.
3. On considering the complaint and version the following points are to be considered:-
1. Whether the complaint is barred by limitation?
2. Whether there is any deficiency in service on the part of opposite parties?
3. Relief and Cost.
4. Point No.1 :- To prove complainant's case he has filed his chief affidavit and Exts.A1 to A5 documents were marked. Ext.A1 is the cattle insurance policy. Ext.A2 is the premium receipt. Ext.A3 is the claim form and Ext.A4 is the Postmortem Certificate and Ext.A5 is the repudiation letter issued by opposite party to the complainant. The repudiation letter produced by the complainant is dated 03.06.2008. It is clear that the complainant already submitted a claim form before the opposite party and the same is rejected by opposite party and the same is informed to the complainant on 03.06.2008. So the cause of action of the complaint is started on 03.06.2008 that means the complaint has to file complaint before this Forum before 02.06.2010 but the complaint is filed on 18.10.2011 ie after one year four months and 16 days. No delay condontion petition is filed before us stating the reason. Hence we come to the conclusion that the complaint is barred by limitation.
5. Points No.2 and 3 :- Since Point No.1 is against the complainant we are not discussing points No. 2 and 3 in detail.
In the result the complaint is dismissed. No Order as to cost.
Pronounced in Open Forum on this the day of 30th March 2012.
Date of Filing:18.10.2011.
