SMT. MOLYKUTTY MATHEW : MEMBER
This is a complaint filed by the complainant U/S 35 of Consumer Protection Act 2019 for an order directing the opposite party No.2 to pay compensation of Rs.22,703/- to the complainant along with Rs.10,000/- as the mental agony and litigation expense occurred to the complainant due to the delay in receiving the insurance certificate by alleging the deficiency in service and unfair trade practice.
The case of the complainant in brief
The complainant is one of the cattle farmer is a beneficiary under the Ayyankali Scheme for cattle farmers. The complainant had insured 2 milking cow with OP No.2 on 29/05/2022 and she had received the insurance certificate only on 13/09/2022. For these 73 days she weighed 10 Liters of milk before OP No.1. But the complainant not obtained the benefit under the Ayyahnkali scheme and she incurred loss to the tune of Rs. 22,703/-. Then the complainant filed a complaint before the Payyannur Municipality on 02/11/2022 and the Secretary, Payyannur Municipality replied the same. The secretary submits that the complainant’s work card registered on 23/09/2022 as register No. KL0256 MO 38-66. So the benefit under the Ayyankali scheme is allowed only on 23/09/2022. ie. the complainant name included in the register. The OP No.2 is not allowed the amount to complainant due to delay in receiving the certificate. The act of the OP No.2 the complainant caused much mental agony and financial loss. So there is deficiency of service on the part of OP No.2. Hence the complaint.
After filing the complaint notice issued to all OPs. All OPs received the notice, OP No.1 and 2 filed their written version before the commission. OP No.3 received the notice and not filed version and not appeared before the commission. Hence OP3 is absent and set ex-parte. OP No.1 contended that he received the premium amount from the complainant and forwarded the same to OP No.3. On 25/06/2022 the OP No.1 paid the premium amount. Moreover OP No.1 submits that collecting the necessary particular and the premium amount from the beneficiaries, there occurred the delay and also informed to complainant. The complainant is getting benefit of the policy from the date of commencement itself. So OP No.1 is not liable to compensate the complainant’s contention. So OP No.1 may be exonerated. OP No.2 contended that he issued cattle Insurance policy in the name of 3rd OP bearing No. 7603004722040000000 covering the period from 29/05/2022 to 28/05/2023. The OP No.2 had insured 5525 cattle including 2 miltch cow of the complainant as serial No.5511 and 5512. It is submitted that since there are 5525 cattle insured as per the policy from all over Kerala this OP has to obtain all the necessary particulars regarding the cattle and there is only the policy document could be issued. There occurred delay on the part of OP No.1 and 3 to provide necessary requirements to this OP and accordingly the policy could be issued only on 13/09/2022. The complainant is getting benefit of the policy from the date of commencement (29/05/2022 itself. So there is no deficiency of service and unfair trade practice on the part of OP2. Hence the complaint is liable to be dismissed.
On the basis of the rival contentions by the pleadings the following issues were framed for consideration.
- Whether there is any deficiency of service on the part of OPs?
- Whether the complainant is entitled for any relief?
- Relief and cost?
The evidence consists of the oral testimony of Pw1 and Ext. A1 to A3 were marked. On OP’s side Dw1 was examined and OP2 filed argument notes also.
Issue No.1 to 3 taken together
The complainant adduced evidence before the commission by submitting his chief affidavit in lieu of his chief examination to the tune of the pleadings in the complaint and denying the contentions in the version. The complainant was cross examined as Pw1 by OP 2. According to the complainant Ext.A1 to A3 were marked on her part to substantiate her case. Ext.A1 is cattle insurance policy, Ext.A2 is the letter given by the Secretary, Payyannur Ksheera Vyavasaya co-operative society. Ext.A3 is the premium paid receipt. As per the chief affidavit of the complainant she submits that “മേപ്പടി പരാതിയിൽ ഒന്നും മൂന്നും എതൃകക്ഷികളായി കാണിച്ച സ്ഥാപനങ്ങൾ എനിക്ക് യാതൊരു നഷ്ടവും വരുത്തിയിട്ടില്ല. അവർക്കെതിരെ എനിക്ക് യാതൊരു പരാതിയുമില്ല. ” In the evidence of Pw1 she deposed that ഈ insurance ൽ കുറച്ച് ആൾക്കാർ premium അടയ്ക്കാൻ വൈകിയതും, പശുക്കളുടെ വിവരണവും doctor certificate ഉം കിട്ടാൻ വൈകിയതാണ് policy certificate അയയ്ക്കാൻ വൈകിയതെന്ന് പറയുന്നു? അറിയില്ല. നിങ്ങൾക്ക് നഷ്ടം സംഭവിച്ചു എന്നതിന് രേഖയുണ്ടോ? ഇല്ല. Ext.A2 നോക്കിയാൽ 25/06/2022 നാണ് OP No.1, OP No.2 വിന് Premium അടച്ചതായി കാണുന്നു എന്ന് പറഞ്ഞാൽ? എനിക്കറിയില്ല. Moreover in the evidence of Dw1 who deposed that as per the policy this OP had insured 5525 cattle including 2 milk cows of the complainant as serial No.5511&5512. There are 5525 cattle insured as per the policy from all over Kerala this OP has to obtain all the necessary particulars regarding the cattle and then only the policy documents could be issued. There occurred delay on the part of OP 1 & 3 to provide necessary requirements to this OP and accordingly the policy would be issued only on 13/09/2022. But the policy period commences from 29/05/2022 onwards and if any incident (injury or death) occurred to the insured cattle she will get the benefit under the policy. The policy certificate is not directly issued to the complainant. OP No.2 issues the policy to OP No.3. The delay if any occurred in issuing the certificate was caused due to the delayed payment of premium amount, delay in receiving the particulars of cattle, delay in receiving veterinary doctors certificate etc.
After perusing the documents and evidence the complainant is not in a position to prove that the OP No.2’s side any deficiency of service and unfair trade practice. So it is clear that there is no deficiency of service and unfair trade practice from the side of OP No.2.
Thus the issue No.1 to 3 found against the complainant.
In the result the complaint is dismissed. No order as to cost & Compensation.
Exhibits.
A1- Cattle Insurance policy
A2- Letter given Secretary Payyannur Ksheer Vyavasaya co-operative milk society
A3- Premium paid receipt
Sd/ Sd/ Sd/
PRESIDENT MEMBER MEMBER
Ravi Susha Molykutty Mathew Sajeesh K.P
(mnp)
/Forwarded by order/
Assistant Registrar
