BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SIRSA.
Consumer Complaint no. 584 of 2022 .
Date of Institution : 15.09.2022.
Date of Decision : 27.03.2024.
Subhash Chander son of Ram Nath, resident of Shiv Chowk, Near Bhagat Singh Park, Sirsa, Tehsil and District Sirsa.
……Complainant.
Versus.
New India Assurance Company Limited, Near New Bus Stand, Sirsa, District Sirsa, through its Branch Manager.
...…Opposite party.
Complaint under Section 35 of the Consumer Protection Act, 2019.
Before: SH. PADAM SINGH THAKUR …………PRESIDENT
MRS.SUKHDEEP KAUR………………MEMBER.
Present: Sh. IPS Fazil, Advocate for complainant.
Sh. Rakesh Bajaj, Advocate for opposite party.
ORDER
The present complaint has been filed by complainant against the opposite party (hereinafter referred as OP) for the indemnification of claim on account of death of insured cow of complainant.
2. In brief, the case of the complainant is that complainant has purchased insurance policy from op through its agent on 22.12.2020 under Pandit Deen Dayal Upadiyaya Samoohik Pashudhan Bima Yojna vide insurance policy No. 31270047202700097525 from op vide which five cows who were giving milk were insured for the period of one year from 22.12.2020 to 21.12.2021. The sum assured amount was of Rs.60,000/- for each cow. One of the cow of complainant was given tag number 160034979614 who died due to heart failure on 28.08.2021 at Dhani Bilaspur, village Ram Nagria, District Sirsa. The post mortem of the deceased cow was conducted by Animal Husbandry and Dairying Department, Sirsa as per PMR No. 20 dated 29.08.2021 in which the Veterinary doctor has clearly opined that above said cow died due to sudden heart failure. It is further averred that complainant reported the matter to the op alongwith requisite documents and Surveyor of op visited the village and prepared the report regarding death of said cow and assured him that compensation will be paid to him as early as possible. That now the op has repudiated the claim of complainant with false excuse that animal of complainant was having different tag which is wrong, incorrect and arbitrary. The complainant moved so many applications to the higher authorities but to no effect. The complainant also approached and requested the op to admit his claim but all in vain and it has refused to admit his claim and has caused unnecessary harassment, mental agony, deficiency in service and also financial loss to the complainant. Hence, this complaint.
3. On notice, op appeared and filed written statement taking certain preliminary objections regarding maintainability, locus standi, suppression of true and material facts, estoppal and that op has repudiated the claim of complainant on the ground that animal was different from the animal insured. On merits, while admitting the factum of insurance of cow, it is submitted that in case of death of insured animal, the claim is to be settled as per terms and conditions of the insurance policy. That on receipt of death intimation of the insured animal, the op appointed the Surveyor and Loss Assessor who visited the spot and inspected the dead animal and took photographs of the dead animal and submitted his report to the op. It is further submitted that after observance of the documents furnished by complainant as well as the Surveyor report and photographs of the dead animal, it was observed that the dead animal is different than the insured animal and therefore, the claim of complainant was repudiated vide letter dated 06.06.2022 which is perfectly legal and valid. Remaining contents of complaint are also denied to be wrong and prayer for dismissal of complaint made.
4. The complainant in evidence has tendered his affidavit Ex. CW1/A. The complainant has also placed on file copy of post mortem report of deceased insured cow during the course of arguments.
5. On the other hand, op has tendered affidavit of Sh. Jugal Kishore, Incharge as Ex.R1 and copies of documents i.e. repudiation letter Ex.R2, photographs Ex.R3 to Ex.R10 and certificate of insurance Ex.R11.
6. We have heard learned counsel for the parties and have gone through the case file.
7. From the copy of certificate of insurance placed on file by op itself as Ex.R11, it is evident that besides five cows of complainant, the cow for which claim has been raised by complainant was also insured by the op for the period 22.12.2020 to 21.12.2021 for the sum insured amount of Rs.60,000/- of each cow. The said cow was inserted tag number as 160034979614 and is mentioned at Sr. No.2 in the said certificate of insurance Ex.R11. The description of the said cow was mentioned in the certificate of insurance as HFX/ Black & white and her age was six years at that time. From the photographs of the deceased cow as Ex.R3 to Ex.R10 placed on file by op itself, it is also evident that description of the deceased cow is same and is matching with the insured cow as mentioned in certificate of insurance and above said tag was also in the ear of the deceased cow. In the photographs, it is clearly evident that deceased cow was also black and white and therefore, op has wrongly and illegally repudiated the genuine claim of complainant on false, frivolous and baseless ground that from the photograph it is evident that deceased cow was different from the insured cow. As such repudiation of the claim of complainant is set aside and complainant is entitled to insured amount of Rs.60,000/- from the op besides compensation for harassment.
8. In view of our above discussion, we allow the present complaint and direct the opposite party to pay the claim amount of Rs.60,000/- to the complainant alongwith interest at the rate of @6% per annum from the date of filing of present complaint i.e. 15.09.2022 till actual realization within a period of 45 days from the date of receipt of copy of this order. We also direct the op to further pay a sum of Rs.10,000/- as compensation for harassment and Rs.5000/- as litigation expenses to the complainant within above said stipulated period. A copy of this order be supplied to the parties as per rules. File be consigned to the record room.
Announced: Member President,
Dated: 27.03.2024. District Consumer Disputes
Redressal Commission, Sirsa.
