Haryana

Bhiwani

CC/192/2022

Manju Devi - Complainant(s)

Versus

NIA - Opp.Party(s)

Anil Tanwar

22 Aug 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSASL COMMISSION, BHIWANI.

                                                                   Complaint Case No. :  192 of 2022

                                                                     Date of Institution    : 08.09.2022

                                                                     Date of decision:      : 22.08.2024

 

Manju Devi wife of Sh. Manpal R/o village Kharak Kalan, Tehsil and District Bhiwani-127021 (Haryana).

                                                            ...Complainant 

 

                                                    Versus

1.       The New India Assurance Company Ltd., having one of its Branch Office at Circular Road, Bhiwani through its authorized representative.

2.       The New India Assurance Company Ltd., Divisional Office: 312700/NH-5/R/2, Badsah Khan Chowk, Faridabad through its authorized representative.

3.       Canara Bank, Kharak Kalan, Tehsil and District Bhiwani through its Branch Manager.

...Opposite Parties

 

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

Before: -       Mrs. Saroj Bala Bohra, Presiding Member.

                    Ms.  Shashi Kiran Panwar, Member.

Present:        Sh. Anil Tanwar, Advocate for complainant.

Sh. Sanjay Sharma, Advocate for OPs No.1 & 2.

Sh. Kapil Sharma, Advocate for OP No.3.

 

                                                  ORDER

 

SAROJ BALA BOHRA,  PRESIDING MEMBER.

1.                 Brief facts of this case are that complainant got insured a buffalo black colour Murrah Breed, 6 years old, from OP insurance company for a period from 01.03.2021 to 06.03.2022 for sum insured Rs.60,000/- with the financial assistance of OP No.3 vide loan account no.2047230000240. It is submitted that the buffalo died on 12.12.2021. OP insurance company was informed, its surveyor visited the spot. Post mortem of the buffalo was done on the same day at Veterinary hospital, Kharak Kalan. Claim was submitted with OP submitting all necessary documents but the OP insurance company denied the claim. Legal notice dated 09.06.2022 was sent to OP but of no avail. Hence, the present complaint has been preferred alleging deficiency in service resulting into monetary loss as well as mental and physical harassment. In the end, prayer has been made to direct the OPs to pay Rs.1,20,000/- as actual cost of the buffalo alongwith interest @ 24% per annum from the date of death till payment thereof. Further to pay Rs.50,000/- as compensation for harassment besides Rs.20,000/- as litigation expenses. Any other relief to which this Commission deems fit has also been sought.

2.                 Upon notice, OP No.1 & 2 appeared through counsel and filed written statement raising preliminary objections qua maintainability of complaint, cause of action, locus standi, non-joinder and mis-joinder of the parties and suppression of material facts. On merits, It is admitted that for the relevant period, the buffalo was insured for Rs.60,000/-. It is denied that complainant gave any intimation qua death of buffalo and also does not fulfill the requirements for processing the claim. It is urged that the OP insurance co. is ready to settle the claim subject to completion of terms and condition of the insurance policy. In the end, denied for any deficiency in service and prayed dismissal of the complaint with costs.

3.                 OP No.3 filed written statement admitting that complainant is customer of it and borrowed loan.  This OP denied for any deficiency in service on its part and prayed dismissal of the complaint with costs.

4.                 Complainant in evidence, tendered her affidavit Ex.CW1/A alongwith documents Ex. C-1 to Ex.C-7 and closed the evidence.

5.                 On the other side, Ld. counsel for OPs No.1 & 2 tendered in evidence affidavit Ex. RW1/A of Sh. Ajanta Mistry, Authorized signatory   alongwith document Ex. R-1 and closed the evidence.

6.                 Ld. counsel for OP No.3 tendered in evidence affidavit Ex. RW3/A of Sh. Vishesh Saini, Branch Manager and closed the evidence.

7.                 We have heard learned counsel for the parties and perused the record minutely.

8.                 It is admitted by OP insurance company that on the date of death of buffalo, it was insured for a sum assured of Rs.60,000/-. This fact is also being strengthened from insurance policy (Ex. R-1). As per written version of OP insurance company, they are ready to settle the claim subject to completing formalities by complainant in terms of the policy. Complainant in order to prove her case, has placed on record claim form (Ex., C-3) and post mortem report (Ex. C-2), which, in our view are sufficient to proceed further with the claim by OP insurance company but they did not take any cognizance of the matter during pendency of this consumer complaint rather kept tactics to linger on the matter.

9.                 From the above discussion, we are of the confined opinion that the OP insurance company has wrongly and arbitrarily denied claim to complainant. As such, the OP Insurance Company is deficient and negligent in providing proper services to the complaint because of which complainant has to suffer monetary loss as well as mental pains and physical harassment. Thus the complainant is entitled to get IDV of the buffalo from OP insurance company. Accordingly, the complaint is allowed and OPs No.1 & 2, jointly and severally, are 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.10,000/- (Rs. Ten thousand) as compensation  for harassment.

(iii)     Also to pay a sum of Rs.55,00/- (Rs.Five thousand five hundred) as litigation expenses.

                    In case of default, the OPs No.1 & 2 shall liable to pay simple interest @ 12% per annum on all the aforesaid awarded amounts for the period of default.              

                    If this order is not complied with, then the complainant shall be entitled to the execution petition under section 71 of Consumer Protection Act, 2019 and in that eventuality, the opposite party concerned 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:22.08.2024