BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SIRSA.
Consumer Complaint no. 57 of 2020
Date of Institution : 04.02.2020.
Date of Decision : 30.04.2024.
Mangtu Ram son of Shri Gulzari, resident of village Ludesar, Block Nathusari Kalan, Tehsil Nathusari Chopta, District Sirsa.
……Complainant.
Versus.
1. New India Assurance Company Limited, through its Divisional Manager, NH-5/R2, Badshah Khan Chowk, Faridabad.
2. Nodal Officer/ Veterinary Surgeon, Govt. Veterinary Hospital, Nathusari Kalan, District Sirsa under Pandit Deen Dayal Upadhyaae Pashudhan Bhima Yojna.
3. Ram Chander, Agent of New India Assurance Company Ltd. for Nathusari Kalan Block, District Sirsa.
...…Opposite parties.
Complaint under Section 12 of the Consumer Protection Act, 1986.
Before: SH. PADAM SINGH THAKUR …………PRESIDENT
MRS.SUKHDEEP KAUR………………MEMBER.
Present: Sh. A.K. Gupta, Advocate for complainant.
Sh. R.K. Mehta, Advocate for opposite party no.1.
Opposite party no.2 already exparte.
Sh. Madan Goyal, Advocate for opposite party no.3.
ORDER
The complainant has filed the present complaint under Section 12 of the Consumer Protection Act, 1986 (after amendment u/s 35 of the Consumer Protection Act, 2019) against the opposite parties (hereinafter referred as OPs).
2. In brief, the case of the complainant is that he was having two milk cattle i.e. one cow and one buffalo. The State of Haryana under Pandit Deen Dayal Upadhiyaya Pashudhan Bima Yojna promulgated a scheme for insuring the milk cattle in Haryana against premium of Rs.100/- per cattle and the New India Assurance Company undertook to insure the cattle against the payment of premium subject to health certificate of the cattle to be issued by Veterinary Surgeon. That on 18.02.2019 complainant got insured his above said two cattle and paid a premium of Rs.200/- to the agent i.e. op no.3. The Veterinary Surgeon also issued health certificate after examining the cattle on the same day. The buffalo aged four and half years was tagged with ring no. 160049113157 and insurance certificate was issued covering the insurance w.e.f. 18.02.2019 to 17.02.2020. It is further averred that buffalo of complainant died all of sudden on 06.03.2019. The information was given to the Veterinary Surgeon Nathusari Kalan who informed the company where after one surveyor alongwith Dr. Umed Gosai was appointed by the company who came present and post mortem was conducted by the Veterinary Surgeon Nathusari Kalan on the same day. That complainant was assured that claim would be paid within a reasonable time and all the necessary documents were also supplied by complainant but thereafter complainant did not receive any claim. It is further averred that on 22.11.2019 complainant got served a notice upon ops no.1 and 2 but to no effect. The complainant has been taking rounds to the ops time and again but officials of op no.1 did not pay any heed and have caused deficiency in service and unnecessary harassment to the complainant. Hence, this complaint.
3. On notice, ops appeared. Op no.1 filed written statement taking certain preliminary objections that complaint is not maintainable before this Commission, that this Commission has no jurisdiction to entertain and decide the present complaint as claimed has been lodged with the office of New India Assurance Company Limited Faridabad and same has been repudiated by Faridabad office, where from policy has been issued, hence complaint is not maintainable being matter beyond the territorial jurisdiction of this Commission, hence complaint is liable to be dismissed. Other preliminary objections regarding no deficiency in service, cause of action, estoppal etc. are also taken. On merits, it is submitted that it is specifically wrong that insurance coverage was w.e.f. 18.02.2019 to 17.02.2020, rather same was w.e.f. 20.02.2019 to 19.02.2020 and same was subject to term and conditions of insurance policy. That no premium was paid to the insurance company by either of the party till 19.02.2020. It is further submitted that claim is payable as per term and conditions of insurance policy, norms of company and in this case claim of complainant has been repudiated vide letter dated 18.05.2022 as according to the term and conditions of insurance policy, the company has no liability to make the payment in case of death of cattle/ animal within 15 days from the date of start of risk coverage, in other words, after expiry of 15 days waiting period, the indemnification will start and in this case policy obtained by complainant was effective from 20.02.2019 to 19.02.2020 and insured buffalo died on 06.03.2019 within 15 days of coverage, hence insurance company has no liability. It is further submitted that present complaint has been filed by complainant without waiting the decision of Competent Authority/ answering op, hence present complaint is without any cause of action. However, claim of complainant has been repudiated vide letter dated 18.05.2022 and repudiation is based according to the term and conditions of the policy, which has binding effects upon the insured and insurer. Remaining contents of complaint are also denied to be wrong and prayer for dismissal of complaint made.
4. Initially OP no.2 also appeared and filed written statement submitting therein that claim is to be paid by insurance company and answering op is not necessary party. Remaining contents of complaint qua op no.2 are also denied to be wrong and prayer for dismissal of complaint qua op no.2 made.
5. Op no.3 also filed written statement taking certain preliminary objections that present complaint is not maintainable before this Commission and that there is no deficiency in service on the part of answering op as duty of op no.3 is to collect the premium for insurance from customer/owner and thereafter depositing the same with insurance company being working as agent of insurance company. In this case, answering op collected the premium of Rs.200/- from complainant for insurance of one buffalo and one cow on 18.02.2019 and same was deposited in the bank account of company on the same day i.e. 18.02.2019 and thereafter insurance company issued policy effective from 20.02.2019 to 19.02.2020 covering the risk of one buffalo and one cow of complainant. It is further submitted that complainant has got no cause of action to file the present complaint against answering op as after receipt of premium from complainant same has been deposited in the account of insurance company on the same day and answering op has been impleaded and joined as party wrongly and illegally, hence complaint is to be dismissed with costs qua answering op and that complainant is estopped by his own act and conduct to file the present complaint. On merits, the pleas of preliminary objections are reiterated, contents of complaint are denied and prayer for dismissal of complaint qua op no.3 made.
6. The complainant in evidence has tendered his affidavit Ex. CW1/A and documents Ex.C1 to Ex.C6.
7. On the other hand, op no.1 has tendered affidavit of Sh. Jugal Kishor, Incharge Legal TP HUB as Ex.RW1/A and documents Ex.RW1/2 and Ex.RW2/3. Op no.3 has tendered documents Ex. R3/A and Ex.R3/B.
8. When the case was fixed for evidence of ops, none appeared on behalf of opno.2 and as such op no.2 was proceeded against exparte.
9. We have heard learned counsel for parties and have gone through the case file.
10. The insurance of the buffalo in question of complainant is not disputed but the date of insurance is disputed because complainant has averred that op no.1 insured the buffalo of complainant for the period 18.02.2019 to 17.02.2020 whereas op no.1 as well as op no.3 have alleged that the period of insurance was effective from 20.02.2019 to 19.02.2020. Admittedly the buffalo of complainant died on 06.03.2019 i.e. during the period of policy in question. But the op no.1 has repudiated the claim of complainant on the ground that death of buffalo is within 15 days from the date of start of risk which started on 20.02.2019 and according to op no.1 the risk was to be started after expiry of 15 days waiting period. According to certificate of insurance placed on file by op no.1, the period of insurance is 20.02.2019 to 19.02.2020 whereas from the receipt dated 18.02.2019 Ex.R3/B, it is evident that premium was paid by complainant to op no.1 through op no.3 on 18.02.2019. In this regard, Hon’ble Supreme Court of India in recent judgment in case titled as Reliance Life Insurance Company Ltd. & anr. Versus Jaya Wadhwani, CA No. 35 of 2024 decided on 03.01.2024 has held that “date of issuance of the policy would be the relevant date for all the purposes and not the date of proposal or the date of issuance of the receipt”. As such the law laid down by Hon’ble Supreme Court in that case will prevail on the judgment of the Hon’ble Punjab and Haryana High Court in case titled as Oriental Insurance Company Limited Versus Shakuntla and others FAO 1466 of 2020 (O&M) decided on 27.02.2023 relied upon by learned counsel for complainant.
11. The buffalo of the complainant died on 06.03.2019 i.e. within 15 days of issuance of policy in question which was issued on 20.02.2019. In post mortem report Ex.C6, the Veterinary Doctor has observed that in his opinion animal might have died due to acute tympany leading to asphyxia. The op no.1 has relied terms and conditions of the policy whereby policy does not cover death directly or indirectly due to arising out of or resulting from Disease contracted prior to commencement of risk and any disease within 15 days from the date of commencement of risk as per clause 2 of the policy meaning thereby that death of animal should not be within 15 days from the date of commencement of risk due to any disease. But in the present case, as per post mortem report the buffalo of complainant died within 15 days of issuance of policy due to disease i.e. acute tympany leading to asphyxia and as such as per terms and conditions of the policy, the complainant is not entitled to any compensation from insurance company i.e. op no.1 or from any other ops.
12. 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 President,
Dated: 30.04.2024. District Consumer Disputes
Redressal Commission, Sirsa.
