Orissa

Jagatsinghapur

CC/85/2023

Lokanath Khatua - Complainant(s)

Versus

Sr. Branch Manager United India Insurance Co.Ltd - Opp.Party(s)

Mr.M.C.Swain

14 Dec 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION JAGATSINGHPUR
JAGATSINGHPUR
 
Complaint Case No. CC/85/2023
( Date of Filing : 23 Mar 2023 )
 
1. Lokanath Khatua
Vill- Chakradharpur, PO- Paradeepgarh, PS- Kujang, Dist- Jagatsinghpur
...........Complainant(s)
Versus
1. Sr. Branch Manager United India Insurance Co.Ltd
10, Satya Nagar, Bhubaneswar- 751007
2. Block Veterinary Officer
At/P.O./P.S.- Kujang, Dist- Jagatsinghpur
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. PRAVAT KUMAR PADHI PRESIDENT
 HON'BLE MRS. MADHUSMITA SWAIN MEMBER
 
PRESENT:
 
Dated : 14 Dec 2023
Final Order / Judgement

ORDER BY HON’BLE PRESIDENT- MR. P.K. PADHI:

                                                                                  JUDGMENT

            Complainant has filed this consumer complaint U/s.35 of C.P. Act, 2019 seeking the following reliefs:

            “Direct the opposite party No.1 to pay policy amount Rs.30,000/- with 12% interest to the complainant with compensation and cost of litigation of Rs.10,000/-”.

             The case of the complainant is that he has insured his cow vide ear tag No.380024048718 on dt.19.9.2015 with United India Insurance Co. Ltd., (O.P. No.1) at the cost of Rs.30,000/- on the payment of one time insurance premium through Block Veterinary Officer, Kujang (O.P. No.2), accordingly the cow is insured for a one year i.e. 19.9.2015 to 18.9.2016. That due to bad luck of complainant his insured cow died on 26.5.2016 at 08.15 AM due to illness and the complainant has notice to Block Veterinary Officer, Kujang immediately. After receiving the call BVO came to complainant’s house on same day and post mortem the said cow and supplied the post mortem report along with other documents to opposite party No.1 to settle the claim of the complainant but to no avail till date, hence the complainant had filed this complaint. 

            In spite of receiving notice of this Commission opposite parties has not filed their written version. Hence both the opposite parties are set ex-parte.

            Heard the Advocate for complainant. Perused the material on record, it is found that the complainant by virtue of insurance of his cow under plan of Govt. has acquired the status of a Consumer Protection Act. Out of such pleadings of the complainant and documents available in the record it is an admitted case that complainant has hired the services of the opposite party No.1 under a Govt. sponsored benevolent scheme as such entitled to sum assured in terms of the contract. The complainant insured his cow vide tag No.380024048718 and paid premium amount against insurance value of Rs.30,000/- is genuine. So we are impressed beyond doubt that opposite party No.1 has committed deficiency of service read with unfair trade practice hence would not be prejudiced if be fixed with accountability of nonpayment of sums with cost of the proceeding in the ends of justice.

            In the result the complaint is allowed against opposite party No.1 with a cost of Rs.2,000/-. The opposite party No.1 is directed to pay insured amount of Rs.30,000/- with cost so fixed to the complainant within 30 days from the date of receipt of this order, failing which the opposite party No.1 shall pay interest @ Rs.10% per annum on the awarded amount till date of payment.

            Pronounced in the open Commission on this 14th Dec., 2023.

 

 
 
[HON'BLE MR. PRAVAT KUMAR PADHI]
PRESIDENT
 
 
[HON'BLE MRS. MADHUSMITA SWAIN]
MEMBER
 

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