Madhya Pradesh

StateCommission

A/17/2056

MUKESH SAHU - Complainant(s)

Versus

STATE BANK OF INDIA - Opp.Party(s)

SH.PRAMOD S.TOMAR

11 Oct 2021

ORDER

M. P. STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BHOPAL

PLOT NO.76, ARERA HILLS, BHOPAL

                              

                                    FIRST APPEAL NO. 2056 OF 2017

(Arising out of order dated 09.08.2017 passed in C.C.No.01/2017 by the District Commission, Damoh)

 

MUKESH SAHU.                                                                                             …          APPELLANT.

 

Versus

                 

1. BRANCH MANAGER, STATE BANK OF INDIA

    BRANCH KHADERI, TEHSIL-BATIAGARH DISTRICT-DAMOH

 

2. BRANCH MANAGER, THE NEW INDIA ASSURANCE CO.LTD.

    BRANCH-DAMOH                                                                                       …         RESPONDENTS.                                    

                                                                    

BEFORE:

 

                  HON’BLE DR. (MRS) MONIKA MALIK      :      PRESIDING MEMBER

                  HON’BLE SHRI S. S. BANSAL                  :      MEMBER   

 

                                      O R D E R

11.10.2021

 

          Shri Pramod Singh Tomar, learned counsel for the appellant.

            Shri Yash Vidyarthi, learned counsel for the respondent no.1.

            Shri A. K. Sharma, learned counsel for the respondent no.2.

           

As per Dr. Monika Malik : 

                        This appeal by the complainant/appellant is directed against the order dated 09.08.2017 passed by the District Consumer Disputes Redressal Commission, Damoh (for short ‘District Commission’) in C.C.No.01/2017 whereby the complaint filed by the complainant has been dismissed.

2.                     The case of the complainant is such that he had obtained loan from respondent no.1 under Prime Minister Employment Scheme from which he had purchased two buffaloes on 10.10.2008 for a sum of Rs.21,500/- each bearing tag nos.77072 & 77071.  Both buffaloes were insured with the opposite party no.2/respondent no.2-insurance company via opposite party no.1/respondent no.1- bank w.e.f 10.10.2008 to 10.10.2013. The complainant stated that retagging of one of his buffaloes was done and opposite party no.2 was informed in this regard.  One of his buffaloes died on 28.08.2010 and the other one died on 12.01.2013 regarding which the

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opposite parties were informed and duly filled claim form was submitted in this regard.  The opposite party no.2/respondent no.2-insurance company denied the insurance claim of the deceased buffaloes.  The complainant therefore, filed a complaint before the District Commission, seeking relief.

3.                     The District Commission dismissed the complaint on the ground that the insurance claim with respect to buffalo bearing tag no.77075 has been given to the complainant and the claim of the other buffalo bearing tag no.77076 was not payable for want of its insurance.

4.                     Heard. Perused the record.

5.                     Challenging the aforesaid order, learned counsel for the complainant/appellant argued that the retagging of the buffalos was done on 08.11.2010 and new tag nos. viz. 77072 and 77071 were given. Thereafter again retagging of buffalo bearing tag no.77071 was done on 05.03.2012 and new tag no was given as 77075 which is also mentioned in the policy. He argued that the District Commission ought to have observed that the complainant is seeking claim of the buffalo which was insured with the insurance company. The complainant/appellant along with appeal memo has filed an application under Order 41 Rule 27 of CPC, accompanied with documents.  He argued that the appellant had also placed insurance policy with respect to the said buffalo, on the basis of which claim deserves to be paid by the insurance company.

6.                     We have carefully perused the application filed by the complainant/appellant under Order 41 Rule 27 of CPC and the documents along with the said application. Document ‘P-2’ is the certificate of the Veternary Officer confirming the insurance of buffalo. In the letter dated 05.03.2012 of Office of the Veternary Hospital, Batiagarh, District-Damoh addressed to Branch Manager, the New India Assurance Co.Ltd, (P-4) there is a mention that retagging of buffalos bearing tag nos.77071 & 77285

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was done on 05.03.2012 and new retagged numbers viz 77075 & 77076 were given. The appellant has also put forward a letter from insurance company addressing the State Bank of India with respect to claim of buffalo and also claim form of deceased buffalo and post-mortem report.

7.                     On due consideration of the aforesaid documents accompanied with application under Order 41 Rule 27 of CPC, we are of a considered opinion that the documents deserve to be taken on record since the aforesaid documents were not earlier in the record of the District Commission and therefore no observation has been made in the aforesaid regard in the impugned order.  Also, we are of a view that the matter deserves to be remanded back to the District Commission for decision afresh.

8.                     In view of the aforesaid, it is directed that the matter be remanded back to the District Commission. Record of the case be sent to the District Commission at the earliest. Copy of application filed under Order 41 Rule 27 of CPC along with accompanied documents be also sent to the District Commission along with record and its original be retained in this appeal.   

9.                     Parties are directed to appear before the District Commission on 12.11.2021.

10.                   The District Commission is directed to proceed further in the matter, in accordance with law.  Needless to mention that observations made hereinabove shall not come in way of the District Commission, while passing the order.

11.                   With the aforesaid observations and directions, this appeal stands disposed of. However, no order as to costs.

 

                   (Dr. Monika Malik)                              (S. S. Bansal)           

                   Presiding Member                                  Member