Haryana

Yamunanagar

CC/246/2012

Meena Devi W/o phool Chand - Complainant(s)

Versus

National Insurance Co.Ltd. - Opp.Party(s)

Gurmukh Singh

25 Feb 2016

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, YAMUNA NAGAR

                                                                                                      Complaint No. 246 of 2012.

                                                                                                      Date of institution: 06.03.2012

                                                                                                      Date of decision:  25.02.2016.

Smt. Meena Devi aged about 30 years wife of Shri phool Chand, resident of village Bhogpur, PO Hartan, Distt. Mustfabad, Distt. Yamuna Nagar.                                                                                                                                                                               

                                                                                                                                                                    …Complainant.

                                                   Versus

 

1.  National Insurance Company Ltd. Divisional Office, New fountain Chowk, Workshop Road, Yamuna Nagar through its Branch Manager.                                                                                      
2. Punjab National Bank, Kheri Lakha Singh, Sub Tehsil Radaur, Yamuna Nagar through Manager.                                                                                                                                                                                                                                                                                                                                                                                              …Respondents

Before:               SH. ASHOK KUMAR GARG, PRESIDENT

                          SH. S.C.SHARMA, MEMBER

 

Present: Sh. Gurmukh Singh, Advocate, counsel for complainant.   

              Sh. V.K.Sharma, Advocate, counsel for OP No.1.

              OP No.2 ex-parte vide order dated 25.7.2012.    

 

ORDER

 

1.                     Complainant Meena Devi has filed the present complaint under section 12 of the Consumer Protection Act 1986 praying that respondents (hereinafter referred as OPs) be directed to pay Rs. 24,500/- as insured amount alongwith compensation as well as litigation expenses.

2.                     Brief facts of the present case, as alleged by the complainant, are that complainant being a family below poverty line had purchased two buffalos with the financial assistance from Punjab national Bank Branch Kheri Lakha Singh and at the time of purchase of these buffalos these cattle’s were got insured by the said bank from OP National Insurance Co. vide cover note No. G40/420911181778 w.e.f. 27.8.2010 to 26.9.2013 for three years against loss of insured cattles covering the risk of theft and death or any other loss of the cattles. The premium was paid to the OP Insurance Company by the complainant through the bank itself at the time of financial assistance. The complainant paid installments to the bank upto January, 2012. Two buffalos of complainant alongwith one calf which were tethered in the court yard of the house of complainant were stolen in the night of 17/18.1.2012, which the complainant noticed in the morning and she alongwith other villagers searched every where but insptie of hard efforts, she could not trace out the same. In this regard, the complainant reported the matter to the Gram Panchayat Bhogpur and then informed the Punjab National Bank, Kheri Lakha Singh immediately in writing on the same day and then lodged a complaint to police post at Kheri Lakha Singh vide DDR No. 5 dated 21.1.2012 regarding the theft of her buffalos and calf. The complainant lodged her claim with the OP Insurance Company but they repudiated the claim of complainant vide letter dated 27.2.2012 on the ground that the alleged loss does not fall within the scope of insurance policy as per terms and conditions of the policy. The version of the OP Insurance company made in impugned letter dated 27.2.2012 is totally wrong and illegal because the buffalos and calf of the complainant were stolen and she has suffered great loss which are duly covered under the terms of policy and the cattles have not so far been traced out and recovered by the police till date. Hence this complaint.

3.                     Upon notice, OP No.1 appeared and filed its written statement but OP No.2 failed to appear despite service, hence he was proceeded ex-parte vide order dated 25.7.2012. OP No.1 filed its written statement by taking some preliminary objections such as complaint is not maintainable, no deficiency in service on the part of OP No.1, complainant has not come to this Forum with clean hands and on merit it has been mentioned that the buffalos of complainant were insured with the OP Insurance Company covering the death of animal due to disease or accident only for the period from 27.9.2010 to 26.9.2013 as per policy Annexure R-1. However, it is submitted that as per the DDR, the theft of the animal took place which does not fall within the scope of insurance policy and reported loss is not payable as per terms and conditions of the policy. Thus, the claim of the complainant was closed as “ No Claim” and repudiated vide letter dated 27.2.2012 (Annexure R-2).  Lastly stated that the claim of the complainant has been rightly repudiated. Hence, there is no deficiency in service on the part of Op No.1 and requested for dismissal of complaint. 

4.                     To prove the case counsel for the complainant tendered into evidence affidavit of complainant as Annexure CW/A and documents such as Photo copy of claim repudiation letter dated 27.02.2012 as Annexure C-1, Photo copy of letter dated 25.1.2012 written by PNB, Kheri Lakha Singh as Annexure C-2, Photo copy of letter dated 18.1.2012 as Annexure C-3, Photo copy of receipt dated 21.1.2012 as Annexure C-4, Photo copy of DDR No.5 dated 21.1.2012 as Annexure C-5, Photo copy of insurance cover note as Annexure C-6, Photo copy of description of buffalo as Annexure C-7  and closed the evidence on behalf of complainant.  

5.                      On the other hand, counsel for OP No.1 filed affidavit of Sh. Parveen Arora, Administrative Officer as Annexure RW/A and documents such photo copy of insurance policy as Annexure R-1, Photo copy of repudiation letter as Annexure R-2, Photo copy of terms and conditions of insurance policy as annexure R-3 and closed the evidence on behalf of OP No.1. 

6                             We have heard learned counsel for both the parties and have gone through the pleadings as well as documents carefully and minutely placed on the file. Arguments advanced by the learned counsel for the parties have also been observed and if we go through repudiation letter dated 27.2.2012 Annexure C-1/R-2, it would reveal that the claim of the complainant was repudiated by OP Insurance company on the ground that the loss alleged in the DDR does not fall within the scope of insurance policy and the reported loss is not payable as per terms and conditions of the policy. If we examine the insurance policy Annexure C-1/R-2, it would be clear that no claim would be paid if the animals shall be stolen.

7.                     Learned counsel for the complainant vehemently argued that buffalos of the complainant were stolen by unknown person and same were covered under the policy in question and in this regard the complainant lodged a complaint with the police post at Kheri Lakha singh vide DDR No.5 dated 21.1.2012 (Annexure C-5) and prayed that the claim of the complainant is genuine one and Ops be directed to pay the insured amount.

8.                     On the other hand, counsel for OP No.1 vehemently argued that the buffalos, of the complainant were not covered as per exclusion clause No.6 of the terms and conditions of the Insurance Policy and the claim of the complainant has rightly been repudiated vide letter dated 27.2.2012 Annexure R-2 and prayed that claim of the complainant is totally false and manipulated, hence deserves dismissal. 

9.                     We have examined the documents, affidavit produced by the parties. The complainant has claimed compensation with regard to her buffalos bearing tag No. NIC-00629 and NIC/00636 which were stolen by unknown person.  In order to determine the matter in controversy between the parties we shall have to find out whether the terms and conditions of the insurance policy have been complied with by the complainant. Annexure R-2 is the copy of insurance policy which reveals that the theft of animals could not be covered.  The complainant is bound by the terms and conditions of the insurance policy which is a contract between the parties.

10.                   Taking into consideration all the aforesaid facts and circumstances of the case, we find no deficiency in service on the part of OP No.1 as the stolen animals were not covered under the policy in question and the complaint of the complainant thus deserves dismissal.

11.                   For the reason and finding recorded above, we find no merit in the present complaint and the same is hereby dismissed. In the facts and circumstances of the case, we leave the parties to bear their own costs. Copies of this order be sent to the parties concerned free of costs as per rules. File be consigned to the record room after due compliance.

Announced in open court: 25.02.2016.

                                                                                                                                                                                                                                                                             (ASHOK KUMAR GARG)

                                                                                    PRESIDENT

 

 

                                                                                   (S.C.SHARMA)

                                                                                          MEMBER