Haryana

Kurukshetra

84/2018

Prem Lata - Complainant(s)

Versus

OIC - Opp.Party(s)

Shyam Singh

05 Sep 2019

ORDER

BEFORE THE DISTRICT CONSUMER DISPTUES REDRESSAL FORUM, KURUKSHETRA.

                                                     Complaint Case No.84 of 2018.

                                                     Date of institution:19.04.2018.

                                                     Date of decision:  05.09.2019.

 

Prem Lata age about 78 years wife of Shri Ajmer Singh resident of Village Jal Behra, District Kurukshetra.

                                                                        …Complainant.

                        Versus

The Oriental Insurance Company Ltd., Railway Road, Kurukshetra- 136118 through its Branch Manager.

….Opposite party.

BEFORE     Smt. Neelam Kashyap, President.

                Ms. Neelam, Member.

                Sh. Sunil Mohan Trikha, Member.

 

Present:     Sh. Shyam Singh, Advocate, for the complainant.   

                Sh. Rohtash Jangam, Advocate for the opposite party.

               

ORDER

                This is a complaint under Section 12 of the Consumer Protection Act, 1986 moved by complainant Prem Lata against Oriental Insurance Company, the opposite party.

2.            Brief facts of the present complaint are that complainant purchased a cow worth Rs.40,000/- and got insured the cow from the opposite party vide cover note No.1072451 on 22.8.2016 with tag No.33904, which  was valid from 23.8.2016 to 22.8.2019.  It is further averred that the said cow died on 4.9.2017 and post mortem report was prepared by the Veterinary Surgeon, H.V.S., G.V.H. Thaska Miraji vide serial No.52345 on 4.9.2017. The veterinary surgeon gave description and cause of death in his report.  It is further averred that thereafter, she informed the OP regarding the death of the cow and lodged its claim with the OP as the same was comprehensively insured with the opposite party and on lodging of the claim the opposite party appointed its surveyor who inspected the spot.  It is further averred that after completing entire formalities when his claim was not paid then she visited the office of opposite party and enquired about her claim and every time when she visited the office of opposite party, she was told that the payment of the claim is under process.  It is further averred that thereafter, all of sudden, she received a letter dated 15.1.2018, mentioning therein irrelevant false and frivolous facts and repudiated his claim vide his letter dated 15.1.2018 on the pretext that the description of the dead cow does not tally with the health certificate.  As per the health certificate the colour of the cow is black whereas as per physical inspection report, it is white and black.  It is further averred that she regularly visited to the opposite party and requested for payment of claim but the opposite party did not pay any heed to the genuine request of the complainant. She has been harassed by the opposite party which amounts to unfair trade practice of the opposite party.  It is further averred that the said repudiation letter is totally null and void and not binding on her rights. Hence, this complaint.

3.             On notice, opposite party appeared and filed written statement raising preliminary objections that complainant has not come to this Forum with clean hands and concealed the true and material facts; that the complainant has no locus standi to file and maintain the complaint;  that the complainant has not attached all original documents;  that the present complaint is nothing but abuse of process of this hon’ble Forum;  that the Hon’ble Forum has no jurisdiction to entertain and try this complaint;  that the present complaint is not maintainable in this present form;  that the complainant is stopped by his own act and conduct to file and maintain the present complaint; that the complainant has no cause of action to file and maintain the present complaint and the complainant has based his claim on total fraud, forgery and cheating. The true facts are that as per documents and claim papers submitted by complainant, the case was got investigated. It is further submitted that hence, the said cow which allegedly died is not insured with the answering op and the colour of said cow does not tally with the health certificate, so that answering op is not liable to pay any compensation to the complainant. The complainant was informed regarding the above said facts and the competent authority has repudiated the claim of complainant as “No claim”. Other preliminary regarding no locus standi, no jurisdiction, maintainability, estoppal, no cause of action are also taken. On merits, the pleas taken in the preliminary objections are reiterated, contents of complaint are denied and prayer for dismissal of complaint made.

4.             Learned counsel for complainant tendered affidavit Ex.CW1/A and documents Ex.C1 to Ex.3. On the other hand, learned counsel for op tendered affidavit Ex.RW1/A, Ex.RW2/A and documents Ex.R-1 to Ex.R-9.

5.             We have heard learned counsels for the parties and have perused the case file carefully.

6.             Learned counsel for complainant has argued that complainant got insured her cow from opposite party on dated 22.08.2016 for a sum of Rs.40,000/- for a period of three years from 23.08.2016 to 22.08.2019. On 04.09.2017 the cow of complainant died. Copy of insurance is Annexure C-1. Annexure C-2 is clearly shows that the Post Mortem Report was prepared by the Veterinary Surgeon, H.V.S., G.V.H. Thaska Miraji vide serial No.52345 on 4.9.2017.  The veterinary surgeon gave description and cause of death in his report. Annexure C-3 is clearly shows that the tag of the cow is same. The ear tag number is 33904. There is no dispute regarding the ear tag of cow. It is great deficiency in service on the part of opposite party. 

7.         Learned counsel for opposite party has argued that the colour of the dead cow is different from the description of health certificate. The counsel for the opposite party argued that there is no deficiency in services.  The claim of complainant was repudiated on the basis of investigator report i.e. Ex.R-4, that is as follows:-

i)      The Cow of Smt.Prem Lata wife of Sh.Ajmer Singh, R/o Village Jalbehra, District Kurukshetra bearing ear tag No.33904 died on 04.09.2017.

ii)      The dead cow was seen by me and the ear tag No. 33904 was found intact in the ear of dead cow.

iii)     The descriptions of dead cow does not tally with the health certificate.  As per health certificate the colour of cow is black whereas as per spot inspection it is white and black.

iv)     Postmortem of dead cow of Smt.Prem Lata wife of Sh.Ajmer Singh, R/o Village Jalbehra, District Kurukshetra was conducted by Vet.Surgeon of Govt.Vet.Hospital, Thaska Meeraji on 04.09.2017.  As per postmortem report the cow had died due to Trypanosoniasis.

v)     Photographs taken by me of the dead cow are enclosed.

 

8.             On perusal of file it is clear that the cow of complainant is insured by the opposite party. The findings of investigator clearly shows ear tag of dead cow was found intact.  The doctor who has conducted the postmortem also mentioned that dead cow tag number is 33904 and not mentioned any doubt regarding tag. Tag is the identity of animal.  So, in this case identity of animal is fully established.  In our view the complainant is entitled to the insured amount of dead cow which was insured with the opposite party.

9.             In view of above, we allow the present complaint and direct the opposite party to pay insured amount of Rs.40,000/- to the complainant within a period of 45 days from the date of receipt of copy of this order, failing which the complainant will be entitled to interest @9% per annum on the insured amount of Rs.40,000/- from the date of order till actual realization. We also direct the op to further pay a sum of Rs.5,000/- as compensation and litigation expenses to the complainant. A copy of this order be supplied to the parties as per rules. File be consigned to the record room.

Announced in open Forum:

Dt.:05.09.2019.  

                                                                        (Neelam Kashyap)

                                                                        President.

 

 

(Sunil Mohan Tirkha),           (Neelam)       

Member                             Member.