Haryana

Kurukshetra

CC/199/2021

Jagmal Singh S/o Jagir Singh - Complainant(s)

Versus

New India Assurance Co Ltd - Opp.Party(s)

Jaswinder Singh

09 May 2022

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KURUKSHETRA.

 

                                                                    Complaint No.:    199 of 2021.

                                                                   Date of institution: 19.07.2021.

                                                                   Date of decision:  09.05.2022

 

Jagmal Singh s/o Shri Jagir Singh, r/o village Khairi, PO Bodla, Tehsil Thanesar, District Kurukshetra.

                                                                                                …Complainant.

                                                     Versus

 

The New India Assurance Co. Ltd., Divisional Office-312700, NH-5/5R-2, Badshah Khan Chowk, Faridabad, through its Branch Manager.

...Respondent.

 

CORAM:   NEELAM KASHYAP, PRESIDENT.    

                   NEELAM, MEMBER.

                   ISSAM SINGH SAGWAL, MEMBER.           

 

Present:       Shri Jaswinder Singh, Advocate for the complainant.

                   Opposite Party ex-parte vide order dated 02.11.2021.

 

ORDER:

 

1.                This is a complaint under Section 35 of the Consumer Protection Act, 2019 (for short “Act”).

2.                By way of complaint in hand, complainant alleged that complainant is the owner of health murha breed young buffalo aged 8 years valued Rs.50,000/, which used to give 14 liter milk a day. He insured the said buffalo with the OP on 29.03.2019 having Challan No.160049615460 (wrongly typed as 1600449615460). On 12.04.2019, the said buffalo died and due to this loss, he suffered a loss of Rs.50,000/- and income of Rs.500/- per day. The complainant requested the OP to make the payment of said amount to him, but despite issuance of legal notice dated 13.11.2020 upon the OP, it failed to pay any claim amount to him, due to which, he suffered mental and physical harassment and financial loss, which is an act of deficiency in services on the part of the OP, constraining him to file the present complaint against the OP, before this Commission.

3.                On receipt of complaint, its notice was ordered to be issued against the OP, through registered post, which was put into transit on 06.09.2021. The said notice was delivered upon OP on 09.09.2021, as per Track Consignment Report, but OP failed to appear before this Commission either in person or through any advocate on 02.11.2021 and ultimately, it was ordered to be proceeded against ex-parte on that date, by this Commission.         

4.                 In order to support his case, complainant tendered affidavit Ex.CW1/A along with documents Ex.C-1 to ExC-7 and closed the same.

5.                We have heard the learned counsel for the complainant and gone through the case file carefully.

6.                Learned counsel for the complainant argued that the complainant was the owner of health murha breed young buffalo aged 8 years valued Rs.50,000/, which used to give 14 liter milk a day and insured the same with the OP on 29.03.2019 having Challan No.160049615460. On 12.04.2019, the said buffalo died and due to this loss, the complainant suffered a loss of Rs.50,000/- and income of Rs.500/- per day. The complainant requested the OP to make the payment of said amount to him, but despite issuance of legal notice dated 13.11.2020 upon the OP, it failed to pay any claim amount to him, which is an act of deficiency in service on the part of the OP.

7.                 There is no dispute that the complainant got insured his Murrah black coloured 8 years old buffalo, with the OP insurance company w.e.f. 29.03.2019 to 28.03.2020, for a sum assured of Rs.50,000/-, after paying Rs.2700/-, vide receipt Ex.C3 and Health Certificate Ex.C-4 respectively. There is also no dispute that in this regard, the OP insurance company issued an Ear Tag No.160049615460, to the said buffalo.

8.                As per complainant, the said buffalo was died on 12.04.2019 and in this regard, he requested the OP insurance company various times to release the claim amount of Rs.50,000/-, as per insurance policy in question, but they failed to release the same.

9.                To support his contentions, the complainant produced documents Ex.C-1 to Ex.C-7 on the case file. From the perusal of Health Certificate, issued by the OP insurance company as Ex.C-4, Post Mortem Report issued by Animal Husbandry & Dairying Department, Haryana as Ex.C5 as well as photographs of died buffalo, produced by the complainant himself as Ex.C-2, it is evident that the description and other particulars mentioned in these document of the buffalo, such as, Tag number and date of death of buffalo etc. are tallied with each other. The buffalo was died on 12.04.2019, and the insurance policy in question was valid from 29.03.2019 to 28.03.2020, meaning thereby, the buffalo was died well within the existence period of one year of the policy in question. To support his contentions, the complainant produced his affidavit Ex.CW1/A along with documents Ex.C-1 to Ex.C-7, whereas, on the other hand, the OP failed to appear before this Commission despite receipt of notice of complaint by this Commission. Non-contesting the complaint, by the OP, despite receipt of notice, by this Commission, means, OP had has nothing to say in its defence and non-contesting of complaint, by the OP, makes version of complainant plausible. The preponderance of probability of evidence is in favour of complainant.

10.               Keeping in view the above facts and circumstances of the case, we found that the buffalo of complainant, having Tag No.160049615460 was died on 12.04.2019 and as per insurance policy in question, the OP failed to pay the sum insured of Rs.50,000/-, to the complainant, which is an act of deficiency in service on the part of the OP insurance company.

11.              In view of our above discussion, we accept the present complaint against the OP and direct the OP to pay the claim amount of Rs.50,000/-, to the complainant. The OP is further directed to pay Rs.10,000/- to the complainant, as compensation for mental agony and physical harassment, caused to the complainant, due to an act of deficiency in service, on the part of the OP along with Rs.5,000/- as litigation expenses. The OP is further directed to make the compliance of this order within a period of 45 days from the date of preparation of certified copy of this order, failing which, the award amount of Rs.50,000/- shall carry on interest @6% simple per annum, from the date of this order, till its actual realization, and the complainant shall be at liberty to initiate proceedings under Section 71/72 of the Act, against the OP. Certified copy of this order be supplied to the parties concerned, forthwith, free of cost as permissible under Rules. File be indexed and consigned to the record-room, after due compliance.

Dated: 09.05.2022.

    

                                                                                        (Neelam Kashyap)               

(Neelam)                    (Issam Singh Sagwal)                   President,

Member.                    (Member).                                     DCDRC, Kurukshetra.           
 

 

 

 

 

Typed by: Sham Kalra, Stenographer.