BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SIRSA.
Consumer Complaint no. 100 of 2021
Date of Institution : 03.05.2021
Date of decision : 22.04.2022
Amrik Singh aged about 44 years son of Shri Karnail Singh, resident of village Jagmalwali, Tehsil and District Sirsa.
……Complainant.
Versus.
1. The New India Assurance Company Ltd. Divisional Office, Faridabad- 312700 through its authorized person.
2. Hindustan Insurance Brokers Ltd. (201-202), Bhanote Chamber, 3rd Floor, Ram Baag, New Delhi- 110055 through its authorized person.
...…Opposite parties
Complaint under Section 35 of the Consumer Protection Act, 2019.
Before: SHRI PADAM SINGH THAKUR………….PRESIDENT
SMT. SUKHDEEP KAUR…………….MEMBER
SHRI SUNIL MOHAN TRIKHA ……MEMBER.
Present: Sh. M.S. Beniwal, Advocate for the complainant.
Opposite parties already exparte.
ORDER
In brief, the case of complainant is that complainant being the owner of a buffalo got the same insured from opposite parties (hereinafter referred as OPs) vide policy No. 31270047190400000459 and Tag No. 160048246797. That as per terms and conditions of the policy, in case of death of the insured buffalo, the complainant was entitled to get his claim indemnified under the policy. It is further averred that unfortunately in the month of March, 2020, the buffalo of complainant became ill and he took the buffalo to Government Veterinary Polyclinic, Village Badal Punjab for treatment. The doctor duly checked up the buffalo and advised some medicines. The complainant gave medicines to the buffalo as per the advise of the doctor and also took care of the buffalo properly but despite that, the buffalo could not recover and died on 3.4.2020. The post mortem of deceased buffalo was got conducted by him from Veterinary Surgeon, GVH, Rori. It is further averred that after the post mortem of the buffalo, the complainant informed the ops about the death of his buffalo through live stock claim form and supplied all the necessary documents alongwith post mortem report to the ops and lodged his claim under the said policy. The ops assured him that his claim shall be paid within a short period but neither ops indemnified his claim nor rejected the same and they also did not supply any information in this regard to the complainant. That complainant also made a representation to the ops at their Faridabad Branch on 9.10.2020 but no response to the same was also received by complainant. It is further averred that complainant thereafter got issued a legal notice dated 26.2.2021 to the ops but to no effect. That act and conduct on the part of ops clearly amounts to deficiency in service and unfair trade practice on account of which complainant has suffered unnecessary harassment and mental agony. Hence, this complaint.
2. Notice of the complaint was issued to the ops through registered covers. After waiting for stipulated period, since none appeared on behalf of ops, they were proceeded against exparte.
3. Complainant has tendered his affidavit Ex.C/A and copy of live stock claim form Ex.C1, detail of insurance Ex.C2, copy of post mortem report Ex.C3, copy of health certificate Ex.C4, photostat copy of tag Ex.C5, copy of tests report Ex.C6 and copy of legal notice Ex.C7.
4. We have heard learned counsel for the complainant and have perused the case file carefully.
5. The complainant in order to prove his complaint has furnished his affidavit Ex.C/A in which he has reiterated all the contents of his complaint. According to complainant, he got insured his buffalo from the opposite parties vide policy No.31270047190400000459 and tag No.160048246797 for the period 29.11.2019 to 28.11.2020 and said insured buffalo fell ill in the month of March, 2020 but despite best treatment the buffalo could not be saved and died on 3.4.2020. The complainant has also placed on file copy of live stock claim form Ex.C1, the perusal of which reveals that complainant duly informed the opposite parties about death of his insured buffalo bearing Tag No. 160048246797. The complainant has also placed on file detail of the insured buffalo as Ex.C2 including cover note no.136583 vide which the buffalo was issued with the ops. From the post mortem report Ex.C3, it is evident that insured buffalo died on 3.4.2020 and post mortem examination on its body was conducted by Veterinary Surgeon, HVSII, GVH, Rori, Sirsa. Further from the copy of health certificate Ex.C4, it is evident that buffalo of complainant was insured with the ops from 29.11.2019 to 28.11.2020 and it is proved on record that said insured buffalo of complainant died on 3.4.2020 i.e. during the period of policy in question. The complainant has also placed on file copy of test report Ex.C6 and prescription slip of buffalo dated 29.2.2020 regarding treatment of buffalo. The complainant duly lodged his claim with the opposite parties after submitting relevant documents alongwith live stock claim form but ops have failed to indemnify the claim of complainant. The complainant also got issued legal notice upon ops but despite that ops have failed to pay the genuine claim of complainant and complainant has also placed on file copy of legal notice as Ex.C7.
6. From the above said evidence placed on file by complainant, it is duly proved on record that dead animal i.e. buffalo of complainant having tag no.160048246797 was insured with the opposite parties. But despite death of insured buffalo and claim form submitted by complainant and despite legal notice, the ops did not bother to indemnify the loss caused to the complainant to the tune of Rs.70,000/- as his above said buffalo was insured for an amount of Rs.70,000/-. Even the ops have failed to appear before this Commission to contest the present complaint rather opted to be proceeded against exparte. Therefore, ops have caused deficiency in service and unfair trade practice towards the complainant on account of which complainant has suffered unnecessary harassment and mental agony.
7. Keeping in view of our above discussion, we allow the present complaint and direct the opposite parties to pay insured amount of the dead buffalo i.e. Rs.70,000/- to the complainant and also to further pay composite compensation of Rs.10,000/- for harassment, mental agony including litigation expenses to the complainant. The ops are directed to comply with this order within a period of 45 days from the date of receipt of copy of this order, failing which the ops will be liable to pay interest @7% per annum on the above said principal amount of Rs.70,000/- from the date of this order till actual payment. A copy of this order be supplied to the parties free of costs. File be consigned to the record room.
Announced. Member Member President,
Dated: 22.04.2022. District Consumer Disputes
Redressal Commission, Sirsa.
