Present:       Sri                                                

                                               Sri                                                 

                                      AND

Monday the 26^th May, 2008.

CONSUMER COMPLAINT NO. 29/2007

Between:

BHAGYASREE DWAKRA MAHILA PODUPU SANGEM

Rajapally,

Smt.Samudrala

Narsampet Warangal District.

… Complainant

AND

1. State Bank of Hyderabad,

2. The Oriental Insurance    

… Opposite Parties

Counsel for the Complainant               : Sri. 

Counsel for the Opposite Party                      : Sri.

This complaint coming for final hearing before this Forum, the Forum pronounced the following Order.

                                               : ORDER  ::

     Sri

 

This is a complaint filed by the complainant i.e.

 

The brief averments contained in the complaint filed by the complainant are as follows:

 

01.     The case of the complainant is that, the complainant son applied for the sanction of loan in the year, 2003 for the purchase of sheep for rearing to D.R.D.A. through the Opposite Party No.1 Bank.  With the said loan amount, the complainant   Since the sheeps were purchased with the loan, it was mandatory to take cattle insurance policy for the sheep.  Opposite party No.1 Bank has deducted an amount of Rs.27  Again on 13-01-2004 the opposite party No.1 Bank deducted an amount of Rs.15,525/- from the account of the complainant   So all the 184 sheeps covered the insurance policy, but to the misfortune of the complainant   24-01-2004.  The   The complainant 29-04-2004, then the complainant filed this case before this Forum. 

 

02.     The opposite party No.1 stated that after deducting amount for the Insurance Premium of 184 sheeps they sent it to the opposite party No.2, but opposite party No.2 they are saying that, some of the sheeps died prior to the commencement of the insurance policy   some  of  the sheep  died

  In this case it is clear cut that, nearly 33   The death certificate issued by Veterinary Assistant Surgeon,   shows that six (6) sheep died on 22-01-2004 due to starvation and lameness as a consequence of blue tongue disease resulting in oral Lesions,   The death certificate issued prior to 02-01-2004 has no relevance to the policy issued by the opposite party No.2.  Even after the death of the sheep after 02-01-2004 (15 in number) the complainant has not intimated to the opposite party No.2 about the death of the 15 sheep.  It is mandatory on the part of the complainant to intimate immediately on the opposite party No.2 about the death of the sheep enabling the opposite party No.2 to conduct a spot survey about the cause of death and other circumstances regarding the death of the sheep.  So the complainant has not given chance for examining to the 15 sheep to Opposite party No.2 and further as per Ex.A-19 it is clear that delay intimation by five months and insurer have given any chance to the insurance for physical verification of the sheep out of 48 deceased, 33 were died even prior to commencement of the policy, remaining 15 sheep death were intimated from belated steps as per the policy condition the claim is not admissible.

 

03.     The complainant in support of her claim filed her Affidavit in the form of chief examination and marked Exs.A-01 to A-23.  On behalf of opposite party Sri  

04.     Now the point for consideration whether the complainant is entitled to get an amount of Rs.98,000/- interest @ 18% per annum from 27-04-2004 till its realisation and damages of Rs.20,000/-, to award of Rs.5,000/- towards costs from the opposite parties. 

 

05.     After arguments of the both side counsels our reasons are like this.   This contents of the Ex.A-  i.e. the (1) delayed intimation by 5 months,  (2) You have not given any chance to the insurers for physical verification of the Sheep, (3) Out of 48 deceased animals, 33 died prior to the commencement of the policy.  For the remaining 15, the deaths were intimated very belaidly, (4  As per policy conditions, the claim is not admissible. It is the duty of the complainant that, after the death of sheep i.e. 15 immediately to give intimation and further as per Ex.A-19 he has given intimation within delay of five months.  As per the Counter allegation there is a delay of 70 days from the date of alleged death of sheeps, the said claim was repudiated on the ground that, out of 48 sheeps died, 33 were died prior to the commencement of the policy i.e. on 02-01-2004 and with regard to the death of 15   We also accept the same contention because there is an inordinate delay and as per Ex.A-19 and as per policy conditions the claim is not admissible.  The opposite party No.2 is advised to submit that, the policy of insurance commences only from time to time an amount of premium actually receipt by the insurer only as per the provision of Sec.64 V.B. of Insurance Act, 1938.  So what ever the policy was issued from 1.00 P.M. on 02-01-2004 to midnight of 01-01-2007 after receipt of the premium and the opposite party No.2 is not responsible in the alleged deduction of the premium by the opposite party No.1 from the account of the complainant on 20-11-2003.  In this case there is an inordinate delay and there is no chance given by the complainant to the insurance for physical verification of the sheep.  So this claim is not at all admissible in law and the complainant is not entitled to claim anything from the opposite party No.2.  The case of the opposite party No.1 is also sent to the premium amount to the opposite party No.2, so the opposite party No.1 is not liable to pay any compensation since it is a delayed claim and there is no spot physical verification of the sheep by the complainant to the insurance company.

 

  any compensation amount to the complainant.  Hence this point is decided in favour of opposite parties against the complainant.

 

POINT No.2 WHAT RELIEF:

 

          The main point is decided in favour of the opposite parties against the complainant.  This point is also decided in favour of the opposite parties against the complainant. 

 

          In the result this complaint is dismissed but without costs.

 

(Dictated to the Stenographer transcribed by him corrected and pronounced by us in the open Forum today i.e.  26^th May, 2008).

 

                                                                                                                   Member                    President,

       District Consumer Forum, Warangal.

 

APPENDIX OF EVIDNECE

WITNESSES EXAMINED

 

                          ON BEHALF OF O.P.

Affidavit of Complainant                                                     ---

 

EXHIBITS MARKED

ON BEHALFOF COMPLAINANT

 

 

 

1.     Ex.A-  is the Xerox copy of the Death Certificate, dated 28-12-2003.

2.     Ex.A-  is the Xerox copy of the Death Certificate, dated 13-12-2003.

3.     Ex.A-  is the Xerox copy of the Death Certificate, dated 05-12-2003.

4.     Ex.A-  is the Xerox copy of the Death Certificate, dated 16-12-2003.

5.     Ex.A-  is the Xerox copy of the Death Certificate, dated 04-12-2003.

6.     Ex.A-  is the Xerox copy of the Death Certificate, dated 29-11-2003.

7.     Ex.A-  is the Xerox copy of the Death Certificate, dated 05-12-2003.

8.     Ex.A-  is the Xerox copy of the Death Certificate, dated 29-11-2003.

9.     Ex.A-  is the Xerox copy of the Death Certificate, dated 26-11-2003.

10.Ex.A-10 is the Xerox copy of the Death Certificate, dated 11-03-2004.

11.Ex.A-11 is the Xerox copy of the Death Certificate, dated 24-01-2004.

12.Ex.A-12 is the Xerox copy of the Death Certificate, dated 22-01-2004.

13.Ex.A-13 is the Xerox copy of the Death Certificate, dated 16-01-2004.

14

     Purchasing Committee Form, dated 15-11-2003.

     15

16

    

17

     Pass Book No.52115699092.

18     27-03-2004.

19.Ex.A-20 is the Original Letter of Death Claim of Sheep under 29-04-2004.

20

21

22

23

    

 

ON BEHALF OF Opposite parties

                                                  NIL  --