ORDER

Date of order:    30-03-2017

Upendra Jha, Member       

1.                       This appeal is directed against the order dated 24-08-2014 passed by District Consumer Forum,  Nawada  in Complaint Case No.66 of 2013 by which the appellant is directed to pay the respondent-complainant Rs.             1, 40,000/-(Rupees one lacs and forty thousand only) respondent 2 to Rs.35, 000/- with 7% interest from 04-10-2013, Rs.5000/- compensation to complainant1, Rs.2000/- to complainant-2, litigation cost Rs. 2000/- to complaint one and Rs. 1000/- to complainant-2 within two months otherwise 9% interest will be paid.

2.                    In short the case is that the complainants 1 & 2 taking loam from the P.N.B.   Complainant, Manorama Devi purchased 5 cows and Rajendra Prasad one cow @ Rs. 35,000/- which were insured by the O.P.-appellant. Cows of Manorama Devi died on 21-09-2012, 29-09-2012, 02-09-2012 that the Rajendra Prasad died on 06-09-2012 due to disease. Post Mortem was done. The Insurance   Company was informed. Claim was filed but the claim was not settled. The complainants filed complaint before the District Forum. The O.P.-appellant contested the case. After hearing parties, the District Forum passed the impugned order against which this appeal is preferred.  

3.                          Respective written notes of arguments have been filed by the parties. Heard and perused the District Forum order.

4.                          The counsel for the appellant submits that the complaint was itself not maintainable as joint complaint has been filed of two separate individuals of different indentity.There is gross violation of terms and conditions of policy. Complainants are not consumers. No. evidence under section 13 (4) of the Consumer Protection Act was filed. It is mere allegations. In support no documents has been filed, No tag number is mentioned in the PMR, means death did not take place of insured cows. Delay intimation has not been explained. Physical verification was not done as the bodies were disposed of prior to intimation to the O.P. Then, the District Forum in which these facts have not been considered the order is fit to be set aside and the appeal be allowed.

5.                          The counsel for the respondent submits that the surveyor deputed by the Insurance Company submitted report after 30 days of his deputation without consent of the insured. No notice was served to insured. Due to delay, the complainants intimated the Panchayat Mukhiya of Bargaon and on his written request. Post Mortem was conducted of all cows where were dead. Post Mortem was prepared by the concerned Doctor. The appellant Company was informed   regarding the death of five cows. This fact has not been denied by the appellant. But, no step was taken to settle the claim for a long period. In District Forum, joint complaint was filed, admitted but no revision was filed against admission of the complaint. Now, the appellant cannot raise a new point in appeal. Complainant-2 is the father in law of complainant-1and residing in the same village, same house jointly. On affidavit, complaint was filed, documentary evidence i.e. Policy Bonds, Post Mortem reports, recommendation of Mukhiya, reply given to PNB have been filed. There is no violation of terms and conditions of policy. District Forum after proper consideration has passed the order which is justified. It needs no interference.

6.               Having considered the submissions of parties and on perusal of the order passed by the District Forum, it appears that the District Forum has deeply analyzed the matter and has considered the case in right perspective. It is admitted fact that the cows were insured by the O.P.-appellant each cows @ Rs.35, 000/-. During insurance period, the cows died. Intimation was given to the Bank as well as to the Insurance Company. Post Mortem reports of all dead cows are on the record, which has been conducted by the veterinary Doctor. So, we find almost all documentary evidence to prove the case of the complainants are on the record. There is no violation of terms and conditions of Insurance Policies. The complainants are poor and they belong to rural areas. They purchased cows for livelihood. They are Consumer of the Insurance Company. The District Forum has considered all these points before passing the impugned order. We do not find any illegality in District Forum order and there is no reason to take a different view in this matter. Thus, the District forum order is affirmed and the appeal stands dismissed.

S.K.Sinha                                                                        Upendra Jha

President                                                                           Member

Anita