Haryana

Bhiwani

CC/201/2021

Dilbag - Complainant(s)

Versus

NIA - Opp.Party(s)

Ranjit Singh

08 Apr 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSED COMMISSION, BHIWANI.

 

                                        Consumer Complaint No. : 201 of 2021                                                  Date of Institution             :  01.10.2021

                                        Date of Decision               :  08.04.2024

 

Dilbag son of Sh. Chhotu Ram R/o village Bamla, Tehsil and District Bhiwani.

                                                                     ….Complainant

 

                                       Versus

 

New India Assurance Company Ltd. Near Ghantaghar Bhiwani, Tehsil and District Bhiwani through its Branch Manager.

          …..Opposite Party

 

COMPLAINT U/S 35 OF THE CONSUMER PROTECTION ACT, 2019.

 

BEFORE:     Mrs. Saroj Bala Bohra, Presiding Member.

Ms. Shashi Kiran Panwar, Member.

 

Present:        Sh. Ranjit Singh, Advocate for complainant.   

         Sh. Sunil Kumar Sharma, Advocate for OP.

 

ORDER

 

SAROJ BALA BOHRA, PRESIDING MEMBER

                  

1.                 Briefly, facts of this case are that complainant was having a Cow of Sahiwal clan, age about 4 years was insured with OP for a sum of Rs.60,000/- by paying a premium of Rs.894/- for a period from 16.03.2020 to 15.03.2021. Before getting it insured, health certificate of the cow was issued vide no.164335 dated 16.03.2020. Complainant has submitted that on 14.03.2021, the cow died. Post mortem was done at Govt. Veterinary Hospital, Bamla on 15.03.2021 and cause of death was heart attack. Complainant informed the OP, representative of OP taken statement of complainant. After that, the cow was buried. Rs.3000/- incurred on it. Thereafter, complainant filed claim with OP through courier dated 17.03.2021 annexing all relevant documents but the claim was not released. Hence, the present complaint has been preferred alleging deficiency in service on the part of OP resulting into monetary loss as well as mental and physical harassment to the complainant.  In the end, prayer has been made to issue directions against the OP to pay Rs.60,000/- alongwith interest @ 18% per annum, to pay Rs.3000/- as bury charges of the cow, to pay Rs.50,000/- towards mental and physical harassment and Rs.20,000/- as legal expenses.

2.                 Upon notice, OP appeared and filed written statement raising preliminary objections qua maintainability, cause of action, locus standi and that concealment of material facts. On merits, it is submitted that the amount of premium policy was deposited or confirmed as per our 64 B.V.B. on 12.08.2020. New Policy commenced from 12.03.2020 to 11.03.2021. As per death certificate, death was occurred on 14.03.2021 i.e. after the expiry of insurance policy, so the claim was repudiated by the OP. As such, denied for any deficiency in service or harassment to the complainant at the hands of OP. In the end, prayed for dismissal of the complaint with costs.

5.                 In the evidence of complainant, his affidavit Ex. CW1/A alongwith  documents Annexure C-1 to Annexure C-7 have been filed and closed the evidence.

6.                 On behalf of OP, documents Ex. D-1 to Ex. D-6 were tendered in evidence of OP and closed the same.

7.                 We have heard learned counsels for the parties and gone through the record minutely.

8.                 At the outset, the dispute raised by OP insurance company is that on the day of death of the cow, it was not covered under insurance policy. For this purpose, whether the cow was under insurance coverage or not, we have perused the insurance policy placed on record by OP as Ex. D-2 which reveals that the period of insurance policy to the cow was from 16.03.2020 to 15.03.2021 for a sum assured of Rs.60,000/-.  From post mortem report (Ex.D-5), it is clear that the date of death of the buffalo was on 14.03.2021 at 10:30 A.M. The observation of Dr. S.K. Aggarwal, Investigator, General Insurance Companies made in his report (Ex.D-4) is very material to mention here that “After having conducted the spot verification of the died cow in question, I am of the view that cow in question has died suddenly and was well cared before death and there does not seem to be any negligence on the party of anyone and there does not seem to be any discrepancy  in the claim and claim is genuine and payable as per the terms and conditions of the policy, Looking to the health status of the died animal its market value must be around Rs.60,000/- at the time of death.”

 9.                After hearing learned counsels for the parties, going through the record and in view of the above discussion, we have observed that on the day of death of cow, it was covered under insurance policy and the OP insurance company wrongly and illegally repudiated the claim of complainant which amounts to deficiency in service as well as unfair trade practice on their part because of which complainant has to suffer monetary loss as well as mental and physical harassment.  Hence, the complaint is allowed and OP is directed to comply with the following direction within 40 days from the date of passing of this order:-

(i)       To pay a sum of Rs.60,000/- (Rs. Sixty thousand) to the complainant alongwith simple interest @ 9% per annum from the date of filing of this complaint till actual realization.

(ii)      To pay a sum of Rs.20,000/- (Rs. Twenty thousand) as compensation for harassment.

(iii)     Also to pay a sum of Rs.5500/- (Rs.Five thousand five hundred) as litigation expenses.

                    In case of non-compliance, the OP shall liable to pay simple interest @ 12% per annum on all the aforesaid awarded amounts for the period of default.

                    Further, the complainant shall be entitled to the execution petition under section 71 of Consumer Protection Act, 2019 and in that eventuality, the opposite party may also be liable for prosecution under Section 72 of the said Act which envisages punishment of imprisonment, which may extend to three years or fine upto rupees one lac or with both. Certified copies of this order be sent to parties concerned, free of costs, as per rules. File be consigned to the record room, after due compliance.

Announced.

Dated:08.04.2024

 

                              (Shashi Kiran Panwar)          (Saroj Bala Bohra)

                                                Member                           Presiding Member

       District Consumer

       Disputes Redressal

       Commission, Bhiwani. 

 

 

 

Present:        Sh. Ranjit Singh, Advocate for complainant.   

         Sh. Sunil Kumar Sharma, Advocate for OP.

 

                 Arguments heard. Vide our separate order of even date, the complaint is allowed. File be consigned to the record room after due compliance.

Dated:08.04.2024