BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SIRSA.
Consumer Complaint no. 120 of 2022
Date of Institution : 04.02.2022.
Date of Decision : 03.09.2024.
Harsh son of Shri Surender Kumar, resident of village Madho Singhana, Tehsil and District Sirsa.
……Complainant.
Versus.
The New India Assurance Company Limited, NH-5/R-2. NR Badshan Khan Chowk NIT Faridabad- 12001 through its authorized person.
...…Opposite party.
Complaint under Section 35 of the Consumer Protection Act, 2019.
Before: SH. PADAM SINGH THAKUR …………PRESIDENT
SMT. SUKHDEEP KAUR………………MEMBER.
SH. OM PARKASH TUTEJA…………..MEMBER
Present: Sh. S.S. Godara, Advocate for complainant.
Opposite party already exparte.
ORDER
The complainant has filed the present complaint under Section 35 of the Consumer Protection Act, 2019 against the opposite party (hereinafter referred as OP).
2. In brief, the case of the complainant is that he is running a dairy in the village and having a number of cows and usually got his cows insured under Pandit Deen Dayal Upadhyaya Samuhik Pashudhan Bima Yojna time to time from different insurance companies empanelled under this scheme. That in the same manner, the complainant had got insured his five mulching cows from the op under the aforesaid scheme vide policy no. 31270047202700093358 for the period 14.12.2020 to 13.12.2021. It is further averred that at that time, the op through its medical experts got checked the health of insured cows and after due satisfaction, the policy was issued to the complainant and tags bearing different numbers as detailed in the policy were installed in the ears of the insured cows and different sums were assured according to the health and breed of cows. That unfortunately on 22.12.2020 one of the insured cow having tag number 160020017126 (HF/Black white) had become ill and cow was taken to Government Veterinary Hospital Village Madho Singhana, District Sirsa for treatment but even after providing the best treatment, the cow expired on 18.01.2021 and post mortem was conducted by the doctors of above said hospital vide PMR No. 25391 dated 18.01.2021. The deceased cow was having the aforesaid tag in the ear even at the time of death as well as at the time of post mortem. It is further averred that intimation regarding death of insured cow was supplied to the op through written representation dated 18.01.2021 and also lodged his claim with the op and submitted all the necessary documents to the op but claim of complainant has been declined. The complainant is legally entitled to the sum assured amount of Rs.60,000/- and complainant a number of times contacted the op in this regard but the op did not pay any heed to the requests of complainant. The complainant also got served a legal notice to the op on 10.09.2021 but to no effect and as such op has caused deficiency in service and unnecessary harassment to the complainant and has adopted unfair trade practice. Hence, this complaint.
3. Notice of the complaint was issued to the op through registered cover but as after stipulated period none appeared on behalf of op, therefore, op was proceeded against exparte.
4. The complainant in exparte evidence has tendered his affidavit Ex. CW1/A and documents Ex.C1 to Ex.C16.
5. We have heard learned counsel for complainant and have gone through the case file.
6. From the certificate of insurance under cattle/ livestock master policy Ex.C1, it is evident that cow with identification tag no. 160020017126 mentioned at serial number 04 was insured with the op for sum insured amount of Rs.60,000/- for the period 14.12.2020 to 13.12.2021. According to complainant himself on 22.12.2020 i.e. within eight days of insurance, the said insured cow of complainant had become ill and was taken to Government Veterinary Hospital, Madho Singhana for treatment but even after providing the best treatment, the cow expired on 18.01.2021. The document regarding treatment of cow of complainant is also placed on file by him as Ex.C4. However, in the above said certificate of insurance Ex.C1, it is clearly mentioned that Death due to Diseases contracted prior to and within 15 days of commencement is not payable. Since the insured cow of the complainant became ill within eight days after insurance and ultimately died due to disease as per post mortem report Ex.C3, therefore, as per terms and conditions of the policy, the complainant is not entitled to any compensation from op.
7. In view of our above discussion, we do not find any merit in the present complaint and same is hereby dismissed but with no order as to costs. A copy of this order be supplied to the parties as per rules. File be consigned to the record room.
Announced: Member Member President,
Dated: 03.09.2024. District Consumer Disputes
Redressal Commission, Sirsa.
