Case No.131/2010   

IN THE MATTER OF

Rishi Pal Singh S/o Sri Nirajan Singh R/o Partapur Post Tamkauli Tehsil Ghabhana Distt. Aligarh

(Through: Advocate Subhash Chandar)

                                                         V/s

1. Manager, The Oriental Insurance Company Ltd. Center Point, Samad Road, Aligarh

(Through: Advocate Ved Prakash Sharma)

2. Branch Manager, U.P. Sahkari Gram Vikas  , Branch jawa, Aligarh

(Through: Advocate G.N. Singh Rana)

CORAM

 Present:

1. Shri Hasnain Qureshi, President
2. Shri Alok Upadhayay, Member
3. Smt. Purnima Singh Rajpoot, Member

PRONOUNCED by Shri Hasnain Qureshi, President

JUDGMENT

1. The present complaint has been filed by the complainant before this commission for  the following reliefs-

(a) Ops be directed to pay the assured sum Rs.24000/ on the death of the buffalo with interest.

(b) Ops be directed to pay expenses Rs.5000/.

(c) Ops be directed to pay compensation Rs.20000/ for harassment.

(d) Cost of the case Rs.10000/.

2. The Complainant stated that he had purchased two buffaloes own 2009 faienced by Op no.2 bank. The buffalo bearing ear tag no. OIC/14789 has suddenly died on 12.9.2009. the information to OP bank next day and insurance company was informed on 16.9.2009 by post. Veterinary doctor inspected that buffalo on 13.9.2009 and claim was moved which was made no claim.
3.  Op no.1 admitted in  WS that the buffalo bearing tag no. OIC/14789 was insured with the OP but the information of the death was given by the bank with delay of 4 days from the death whereas the information of death should be given within 24 hour of the death and claim was rightly made no claim.
4. OP no.2 stated in WS that the  complainant had given the information on 13.9.2009 of the death of the buffalo occurred on 12.9.2009 and OP no.2 bank informed the insurance company on 14.9.2009 to proceed for claim.
5.  Complainant has filed his affidavit and papers in support of his pleadings.  Ops have also filed his affidavit and papers  in support of there pleadings
6. We have perused the material available on record and heard the parties counsel.
7. The first question of consideration before us is whether the complainant is entitled to any relief?
8. Admittedly, buffalo bearing ear tag no. OIC/14789 was insured with insurance company. The buffalo had died on 12.9.2009 and bank was informed on 13.9.2009 and the bank had informed the insurance company on 14.9.2009 to proceed for claim. There is no undue delay in giving information to the insurance company and mare delay of one day is not material for the purpose settlement of the claim. The claim was wrongly made no claim. Complainant is entitled for the assured and litigation expenses.
9.  The question formulated is decided in favour of the complainant.
10.  We hereby direct the OP  no.1 Insurance company to pay assured sum RS.24000/ with pendente lite and future interest @ 12% annum till the date of actual payment out of which the amount due to the Op no.2 would be satisfied. Op no1 is also directed to pay litigation expenses Rs.10000/ to the complainant..
11. Op shall comply with the direction within 45 days failing which OP shall be prosecuted for non-compliance in accordance with section 72 of the Act for awarding punishment against him.
12. A copy of this judgment be provided to all the parties as per rule as mandated by Consumer Protection Act, 2019. The judgment be uploaded forthwith on the website of the commission for the perusal of the parties.
13. File be consigned to record room along with a copy of this judgment.