BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.
Consumer Complaint no. 185 of 2018
Date of Institution : 13.06.2018
Date of Decision : 27.03.2019
Ranjit Kaur wife of Shri Chahan Singh resident of village Jhorar Rohi, Tehsil and District Sirsa.
……Complainant.
Versus
Oriental Insurance Company Limited, through its Branch Manager, having its office at Opposite Janta Bhawan, Sirsa.
...…Opposite party.
Complaint under Section 12 of the Consumer Protection Act,1986.
Before: SH. R.L.AHUJA…………………………PRESIDENT
SH. ISSAM SINGH SAGWAL …… MEMBER
MRS. SUKHDEEP KAUR………MEMBER
Present: Sh. Sandeep Chaudhary, Advocate for complainant.
Sh. K.L.Gagneja, Advocate for opposite party.
ORDER
In brief, the case of complainant, is that complainant was owner of one Buffalo of mixed Murrah breed aged 10.6 years, colour Black with identification mark of white patch on forehead, switch tail while, very curved one horn. The complainant got his above said buffalo insured with the opposite party at Sr. No.10 of insurance policy No.261503/47/2016/1806 through Deputy Director Live Stock Insurance Scheme valid w.e.f 09.01.2016 to 08.01.2019 for a sum of Rs. 40,000/- and had paid the premium amount. Before insurance, Health cum Evaluation Certificate was also obtained by op for this buffalo from Veterinary Surgeon GVH Thiraj and a tag No. 1OIC-212986 was inserted in the ear of buffalo and the representative of op took the photograph thereof. On 21.02.2016 at 4:00 P.M. the buffalo died and information was immediately sent to the Veterinary Hospital Thiraj and post mortem was conducted upon the body of buffalo on the same day. Post Mortem Report bearing No.19814 dated 21.02.2016 was prepared by the Veterinary Surgeon GVH Thiraj in this regard. It is further averred that opposite party was immediately informed about this mis-happening and a Live Stock Claim Form cum Valuation Certificate was also furnished with the op through the veterinary surgeon, G.V.H. Thiraj describing the species, breed, sex, colour, physical identification mark, age and tag details etc. of the deceased buffalo. Sub Divisional Officer, Animal Husbandary and Dairy, Sirsa also verified the buffalo of complainant having tag no. OIC-212986 and a report was furnished to this effect. It is further averred that op after receipt of information regarding death of buffalo, had appointed the Surveyor/investigator to investigate the matter and to give the report about the same. Shri Madan Goyal Investigator visited the house of complainant and had collected all the required documents, recorded the statement of complainant, neighbours and numberdar of village Jhorar Rohi. The investigator had thoroughly investigated the matter and also found tag No.OIC-212986 in the ear of dead buffalo and had assured the complainant that he shall get the claim amount within one month of submitting his report. It is further averred that in the last week of August, 2016 the complainant received a letter dated 12.08.2016 regarding clarification of age of buffalo as well as tag in both the ears. After that the complainant had visited the Ops and asked the Branch Manager regarding mistake of age of buffalo in the policy and about one tag only in the ear of dead buffalo and at that time official of the company had obtained the thumb impression of the complainant on some blank papers stating that same are required for disbursing the claim amount. The complainant kept on visiting the Ops but the Ops vide letter dated 27.02.2017 repudiated the claim on the ground that We are not satisfied with tag despite the fact that the claim was pending since 21.02.2016 and the Ops were to settle the claim within stipulated period. The buffalo of the complainant has died during the insurance period, therefore, the Op is legally bound to pay the claim of the dead buffalo. The act and conduct of the OP amounts to unfair trade practice and deficiency in service on its. Hence, this complaint
2. On notice, opposite party appeared and filed written statement wherein it has been submitted that the buffalo of the complainant was insured with the Op by a composite insurance policy alongwith other 9 heads of cattle vide policy No.261503/47/2016/1806 dated 09.01.2016 but all the heads of cattle were insured subject to terms and conditions as specified in the livestock (cattle) insurance policy. The policy was valid from 09.01.2016 to 08.01.2016 and the Veterinary Surgeon, GVH, Thiraj had issued a health cum Evaluation Certificate of insured buffalo and also affixed a tag bearing No.OIC-212986 in the left ear of the buffalo. As per PMR the buffalo died on 21.02.2016 due to obstruction in large intestine. The age of the dead buffalo was recorded in the insurance policy as 6 years whereas in all the claim papers the age of the dead buffalo had been shown as 10 years and 7.5 months. The Op had issued letters to the complainant on 12.08.2016, 26.08.2016, 19.12.2016 and finally on 07.02.2017 asked her to clarify the age of the buffalo and reason for the tags in both the ear of dead buffalo but the complainant only replied that the age of the buffalo might have been wrongly recorded but failed to explain about the tags in both the ears. The claim of the complainant was repudiated and she was informed about the repudiation vide registered letter dated 27.03.2017. It is denied that the Op had ever obtained the signature and thumb impression of complainant on blank papers rather the complainant has requested in writing to settle the claim on sub standard basis. Other contentions have been controverted and prayer for dismissal of the claim has been made.
3. The parties then led their respective evidence by way of affidavits and documents. The complainant has tendered her affidavit Ex.CW1/A and documents Ex.C1 to Ex.C8. On the other hand, the Op has tendered affidavit of Sh.Sanjay Aggarwal, Branch Manager as Ex.R1 and documents Ex.R2 to Ex.R12.
4. We have heard learned counsel for the parties and have perused the case file carefully.
5. The perusal of the evidence of complainant reveals that complainant has furnished her affidavit Ex.CW1/A in which she has reiterated all the averments made in his complaint and has also relied upon documents i.e. investigation report Ex.C1, livestock claim form Ex.R2, copy of livestock claim form cum valuation certificate Ex.C3, copy of policy schedule Ex.C4 & Ex.C5, copy of health cum evaluation certificate Ex.C6, copy of certificate Ex.C7, application for claim Ex.C8. On the other hand, opposite party has furnished affidavit of Sh. Sanjay Aggarwal, Branch Manager Ex.R1, photograph Ex.R2, letters dated 12.08.2016, 26.08.2016, 19.12.2016 and 07.02.2017 Ex.R3 to Ex.R6, copy of repudiation letter Ex.R7, copy of health cum evaluation certificate Ex.R8, reply to the objections Ex.R9 and copy of request of complainant for settling the claim on sub standard basis Ex.R10, post mortem report Ex.R11 and policy schedule Ex.R12.
6. Admittedly, the complainant was the owner of one buffalo of mixed murrha breed aged 10.6 colour black with identification mark of white patch on forehead, switch tail white, very curved one horn and the same was insured with the OP vide policy No.261503/47/2016/1806 through Deputy Director Live Stock insurance Scheme valid w.e.f 09.01.2016 to 08.01.2016 and a tag bear No.OIC-212986 was inserted in the ear of the buffalo. It is also admitted that on 21.02.2016 said buffalo died. Due intimation was given to the OP and claim was lodged and post mortem was also conducted on the dead body of the buffalo on the same day and report was prepared by Veterinary Surgeon, GVT Ghiraj. The OP appointed Sh.Madan Goyal, Investigator, who after investigation, had submitted his report, but however, the claim of the complainant was closed vide letter Ex.R7 with the remarks that they are not satisfied with the tag.
7. Perusal of the policy Ex.C4 reveals that the buffalo of the complainant was insured by Group policy with a tag No.212986 for a sum of Rs.40,000/- on payment of premium of Rs.888/-. Perusal of the post mortem report Ex.R11 reveals that at the time of conducting post mortem report, the Veterinary Surgeon has mentioned that the tattoo/brand name OIC 212986. The report of the investigator Sh.Madan Lal, Ex.C1 also find mention the tag No.OIC 212986 of the dead buffalo which he found during his investigation at the spot.
8. Though during the course of arguments, learned counsel for the OP has strongly contended that in the photograph Ex.R2 there appears to be two tags on the ears of the dead buffalo, but however, this version of the OP does not find any corroboration from any other document. Rather the Doctor, who conducted the post mortem of the dead buffalo at the spot and recorded the post mortem report on the basis of the actual and factual position at the spot and also recorded the identification of the dead buffalo with tag No.OIC 212986. Similarly, the investigator Sh.Madan Lal, who at the instructions of the Op, visited the spot and recorded the statements of the neighbours, as well as of the complainant and has specifically mentioned in his report tag number of the buffalo as 212986 which categorically corroborate the insurance policy which find mention the tag number as 212986. So, it cannot be presumed from the evidence of the parties that the buffalo which died at the house of the complainant was not the same which was insured with the Op with tag No.212986. Non-payment of the claim of the complainant by the OP clearly amounts to deficiency in service and unfair trade practice on the part of OP.
9. In view of the above discussion, we allow the present complaint and direct the opposite party to pay a sum of Rs.40,000/- (insured sum) to the complainant. We further direct the OP to pay a sum of Rs.3,000/- as composite compensation and litigation expenses to the complainant. In case the orders are not complied with within stipulated period, the OP shall pay interest @ 7 % per annum on the awarded amount. Copy be supplied to the parties free of costs. File be consigned to the record room.
Announced in open Forum. President,
Dated:27.03.2019. District Consumer Disputes
Redressal Forum, Sirsa.
Member Member
DCDRF, Sirsa DCDRF, Sirsa
