The case of the complainant is that to maintain his livelihood he had purchased cow for earning by selling milk and insured his cow cow bearing Tag No.310033206013 under the guidance of the O.PNo.2, 3 and 4 in respect of policy No 55010547190400000500 which covered from 30.08.2019 to 29.08.2020 with New India Assurance Co Ltd O.P.No.1, but unfortunately the aforesaid cow died on dtd.05.03.2020 affected by disease. As the complainant insured his cow with the O.P.No.1 approached the O.Ps to release his insurance amount, but as the insurance company did not provided him the necessary documents of insurance paper, it became very difficult to settle the death claim of the complainant. But in vain by wondering and knocking the doors of O.Ps ultimately the complainant filed this case regarding the matter before Hon’ble Commission. He prayed for release of insurance amount of Rs.20,000/- with 15% interest per annum till realization. He further clams Rs.50,000/- towards compensation and Rs.5,000/- towards cost of litigation form the O.Ps.
Being noticed, all O.Ps appeared except O.P.No.1 before this Commission and assured to afford their best for early payment of insurance claim of dead cow whose value prior to illness amount to Rs.20,000/- according to letter No.1115 dtd.09.06.2020 by C.D.V.O, Boudh .On dtd.17.08.2022 the O.P.No.1 (SR. Divisional Manager, New Assurance Co Ltd, Berhampur) sent through Regd.Post bearing letter to this Commission with payment voucher No.220000685 having detail regarding payment of cheque amounting Rs.20,000/- in favour of the complainant’s Saving account. The O.P.No.3 and complainant himself has confirmed about the above payment with proof of bank statement. Further , the O.P.No.1 expressed that claim of the complainant has been settled at their end as payment is made after obtaining required papers from the concerned V.A.S. Whereas, O.P No1 has not submitted any clarification regarding not providing of necessary insurance documents in time to beneficiary as well as so delayed payment of insured amount that is after two and half years.
Though insured amount is paid by the O.P.No.1 and confirmed by the complainant still the complainant with dissatisfaction prayed before the commission to compensate him with at least a relief of Rs.8000/- for delayed payment , harassment , mental agony and litigation charges of Rs.2,000/- instead of his earlier prayer.
Findings
We observe that, Weather there exist of unfair trade practice, as the O.P no 1 not provided necessary insurance papers to beneficiary in time.
Weather there exists deficiency of service, as the O.P No .1 responded the matter and paid the insured amount after a long gap of two and half years the beneficiary could not avail his claim in proper time.
Whether the relief as sought for be granted, as he got the insured money after two and half year being a poor farmer this amount is very high for his survival and to continue his livelihood .Hence, it is unbearable to maintain his family expenditure as he became unemployed, harassed mentally, physically in addition to this he face a lot problem for litigation expenses in the court. So the complainant liable to get relief.
ORDER
Based on the above facts, findings and circumstances, we concluded and directed the O.P.No.1 to pay Rs.8,000/- towards compensation for delayed payment, mental harassment and agony and Rs.2,000/- for cost of ltigiaotn to the complainant within one month form the date of this order,. The case against O.P.No.2, to 4 is dismissed without cost.
Free copy of the order be supplied to the parties, if applied for.
Pronounced in the open court this the 27th day of December, 2022.
