Haryana

Ambala

CC/141/2020

Anjali Sharma - Complainant(s)

Versus

NIA Co Ltd - Opp.Party(s)

MS Anjali

01 Jun 2022

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, AMBALA.

 

                                                                        Complaint case no. :     141 of 2020.

                                                                        Date of Institution :     04.08.2020.                                                    

                                                                        Date of decision     :     01.06.2022.    

Anjali Sharma age 21 years daughter of Shri Sunil Sharma resident of Village & Post Office Gokalgarh, Sub-Tehsil Mullana, District Ambala, Aadhar Card No.596010367396- Mobile Number-9466214681.

                                                                             ……. Complainant.

                                                Versus

1. The New India Assurance Company Limited, 172-C, Laxmi Niwas, 1^st Floor, Rai Market, Ambala Cantt. through its Manager.
2. The New India Assurance Company Limited, Divisional Office 312700, NH-5/R-2, Badshah Khan Chowk, Faridabad-121001 through its Manager.
3. The New India Assurance Company Limited, Head office: New India Assurance Building, 87, Mahatma Gandhi Road, Fort, Mumbai-400001 through its Manager.
4. Manish Kumar son of Lajja Ram resident of Village Brahmin Majra, P.O. Kalpi, Sub-Tehsil Mullana, District Ambala POS/Agent of The New India Assurance Company Limited.

                                                                           ….…. Opposite parties.

Before:        Smt. Neena Sandhu, President.

Shri Vinod Kumar Sharma, Member.          

                            

Present:       Shri S.K.Sharma, Advocate for the complainant.

Shri Dev Batra, Advocate, counsel for the OPs No.1 to 3.

OP No.4 already exparte.   

 

Order:        Smt. Neena Sandhu, President

Complainant has filed this complaint under Section 35 of the Consumer Protection Act, 2019 (hereinafter referred to as ‘the Act’) against the Opposite Parties (hereinafter referred to as ‘OPs’) praying for issuance of following directions to them:-

1. To pay the insured amount of Rs.66,000/-, to the complainant.  
2. To pay interest @ 18% per annum on the insured amount w.e.f 03.08.2019, till its realisation.
3. To pay Rs.1,00,000/- as compensation for the mental agony and physical harassment suffered by the complainant.
4. To pay Rs.22,000/-, as litigation expenses.
382.  

Any other relief which this Hon’ble Commission may deem fit.

 

2.       Brief facts of the case are that complainant owned one hale and hearty black coloured buffalo of 4 years of age and used to give 10 Ltrs. Milk per day. On 03.03.2019,complainant got insured her buffalo with The New India Assurance Company Limited, vide cover-note No.105806, for the period from 03.03.2019 to 02.03.2020, for sum insured of Rs.66,000/- and at the time of insurance, Tag No.160016/357486 was affixed, to the buffalo. At the time of insurance the buffalo was also checked by the veterinary Surgeon and she was found quite healthy. Unfortunately, the buffalo of the complainant died on 03.08.2019 at about 8:30 PM, at the residence of the complainant. On the next day i.e 04.08.2019, complainant intimated the OP No.4 and also to the doctor. Doctor visited the house of the complainant and after checking the buffalo declared her dead. Complainant intimated the OPs about the death of her buffalo and also lodged the claim with them. OPs assured the complainant that they will settle the claim within a period of 15 days and will credit the insured amount of Rs.66,000/-, in the bank account of complainant, but OPs did not pay her the insurance claim. She visited the office of the OPs several times and requested them to pay the claim amount, but they did nothing. Hence the present complaint. 

3.       Upon notice, OPs No.1 to 3 appeared and filed written version raised the preliminary objections with regard to jurisdiction and cause of action etc. On merits, it is stated that due to surge in the Covid-19 cases, there was lockdown in the country. During this period Insurance Regulatory & Development Authority of India (IRDA) had asked all the insurance companies to deal with the all the cashless medical claims for the COVID 19 hospitalization cases on priority. On normalisation of the situation, insurance company after doing the needful had credited the amount of Rs.66,000/-, in the account of the complainant on 14.10.2020 i.e. before 29.10.2020, the date fixed for appearance of the OPs, before the Hon’ble Commission, as such, it has not committed any deficiency in service. Rest of the averments of the complainant were denied by answering OPs and prayed for dismissal of the complaint with special costs.

  4.      Upon notice, the opposite party No.4 did not appear before this Commission and proceeded against ex parte vide order dated 20.09.2021.

5.       Learned counsel for the complainant tendered affidavits of complainant as Annexure C-A & C-B respectively alongwith documents Annexure C-1 to C-14 and closed the evidence on behalf of complainant. On the other hand, learned counsel for the OPs No.1 to 3 tendered affidavit of Shri K.K.Sachdeva, Sr. DM, The New India Assurance Company Limited, D.O, Ambala Cantt. as Annexure OP-A alongwith documents Annexure OP-1 & OP-2 and closed the evidence on behalf of OPs No.1 to 3.  

6.       We have heard the learned counsel for the complainant and learned counsel for the OPs No.1 to 3 and have also gone through the record very carefully.

7.       Learned counsel for the complainant has submitted that the duly insured buffalo of the complainant died on 03.08.2019. He lodged the claim with the insurance company but when it did not pay her the claim amount then on 04.08.2020, she filed the complaint against the OPs, before this Hon’ble Commission. However, on 14.10.2020, the insurance company credited the amount of Rs.66,000/-, in her account i.e. after the filing of the complaint. Thus, complainant is entitled to get compensation for the mental agony and physical harassment suffered by her and also litigation expenses. 

8.       On the contrary, learned counsel for the OPs No.1 to 3 has submitted that due to surge in the Covid-19 cases, there was lockdown in the country. During this period Insurance Regulatory & Development Authority of India (IRDA) had asked all the insurance companies to deal with the all the cashless medical claims for the COVID-19 hospitalization cases on priority. On normalisation of the situation, insurance company had credited the amount of Rs.66,000/-, in the account of the complainant on 14.10.2020 i.e. before 29.10.2020, the date fixed for appearance of the OPs, before the Hon’ble Commission, as such, OPs No.1 to 3 have not committed any deficiency in service and prayed that the present complaint filed against them may be dismissed, with costs.  

9.       On 27.08.2020, the complaint filed by the complainant was admitted by this Commission and notice against the OPs was issued for 29.10.2020, for appearance. From the payment Voucher, Annexure OP-1, it is abundantly clear that the insurance company paid Rs.66,000/-, to the complainant on 14.10.2020, i.e before the date of appearance of the Insurance Company, before this Commission. Taking this fact into consideration that during this period there was lockdown in the country due to surge in the Covid-19 cases and the Insurance Company had paid the claim amount to the complainant prior to its appearance, before this Hon’ble Commission, thus, we do not hesitate to conclude that the Insurance Company has not committed any deficiency in service. The complaint filed by the complainant is devoid of merits, consequently, we dismiss the same. The parties are left to bear their own costs. Certified copy of the order be supplied to the parties concerned, forthwith, free of cost as permissible under Rules. File be indexed and consigned to the Record Room.

Announced on: 01.06.2022.

 

 

 

          (Vinod Kumar Sharma)                      (Neena Sandhu)

              Member                                         President

 

 

 

Present:       Shri S.K.Sharma, Advocate for the complainant.

Shri Dev Batra, Advocate, counsel for the OPs No.1 to 3.

OP No.4 already exparte.  

 

                   Vide our separate detailed order of even date, the present complaint has been dismissed. In view of the detailed order passed in the complaint case, the application dated 04.08.2020, filed by the complainant alongwith the complaint and the application dated 08.02.2021, filed by the counsel for the OPs No.1 to 3, stand disposed off accordingly. File be consigned to Record Room, after due compliance.

 

Announced on:01.06.2022.

 

 

 

          (Vinod Kumar Sharma)                      (Neena Sandhu)

              Member                                         President