Karnataka

Chitradurga

CC/67/2015

C.Mahalingappa S/o. Chittappa - Complainant(s)

Versus

The Branch Manager, Karnataka Bank, - Opp.Party(s)

Aytharappa AYR

18 Oct 2016

ORDER

COMPLAINT FILED ON : 10/09/2015

     DISPOSED ON: 07/10/2016

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHITRADURGA

CC. NO. 67/2015 DATED:  18th October 2016

PRESENT :-     SRI. T.N. SREENIVASAIAH,     PRESIDENT                                      B.A., LL.B.,

                        SRI. N. THIPPESWAMY            MEMBER

                                         B.A., LL.B.,                  

COMPLAINANT

C. Mahalingappa, S/o Chittappa, Guddadagollarahatti, Kodihally Post, Hiriyur Taluk, Chitradurga District.   (By Smt/Sri. Aytharappa, A.Y.R, Advocate)

OPPOSITE PARTIES

1. The Branch Manager, Karnataka Bank, Hiriyur Branch, Chitradurga District.   2. The Branch Manager, Universal Sampo General Insurance Co. Ltd., 2a 2nd Floor, 84 Ramsan Complex, P.B. Road, Hosur, Hubli.   3. The Divisional Manager, Universal Sampo General Insurance Co. Ltd., Express I.T. Park, Plot No.EL-94, TTC Industrial Area, MIDC, Mahape-New Mumbai-400710.   (By Smt/Sri. T. Mahabalesh, Advocate for OP No.1 and Sri. K. Mohan Bhat, Advocate for OPs 2 and 3)

SRI. T.N. SREENIVASAIAH. PRESIDENT.

ORDER

 

The complainant has filed this complaint U/s 12 of C.P. Act 1986 against the opposite parties (here in called OPs) to direct the OPs to pay Rs.6,00,000/- along with interest at the rate of 12% p.a and to grant Rs.25,000/- towards pain and court costs.

 2.    Brief facts of the case of the complainant is that, he approached OP No.1 to obtain sheep business loan from OP No.1 and OP No.1 advanced loan of Rs.30,00,000/- for the purpose of 1000 sheep and goats.  Complainant has taken insurance policy from OP No.2 and 3 through OP No.1 for 1000 sheep and goats under policy No.3016/50850451/00/000 dated 03.10.2013.  Complainant has taken all preventive measures on the life of the said sheep and goats.  In spite of the same, out of 1000 sheep and goats, 150 sheep and goats were died.  Complainant initially submitted only 135 tag numbers to OP No.1 along with positive photos and PM reports and requested to settle the claim.  Subsequently, complainant submitted another representation furnishing 15 tag numbers and other relevant documents to the OP No.1 on 07.01.2015 claiming compensation in all for 150 goats and sheep for unnatural death.  The present market value of the goat is Rs.5,000/- and sheep value is Rs.4,000/-.  As on the date of death of sheep and goats, the policy was in force.  The complainant informed the death of sheeps and goats on 11.04.2014 and submitted documents like tags, PM reports and Photos etc. to OP No.1 and requested to send the same to OP No.2 and 3 to release the claim amount of Rs.6,00,000/- but, the OPs have not released the said amount nor replied to the complainant.  Complainant got issued legal notice on 05.05.2015 requesting the OPs to settle the claim.  OPs neither settle the claim nor replied to the said notice, which is a deficiency of service and prayed for allow the complaint with cost. 

3.     On service of notice, OPs appeared through their respective counsels and filed their respective version. 

OP No.1 filed version and admitted that, it has advanced loan of Rs.30,00,000/- for purchase of sheep and goats but, denied that the complainant has taken all kind of steps to prevent the death of said sheep and goats and it has no knowledge about death of 150 sheep and goats.  It is denied that, the present value of a goat is Rs.5,000/- and the value of a sheep is Rs.4,000/-.  The notice issued by the complainant has been suitably replied.  It is submitted that, complainant has obtained loan of Rs.30,00,000/- from OP No.1 for the purpose of sheep rearing by executing documents and he is a defaulter in repayment of the said loan amount.  The contract of insurance is between OP No.2 and 3 and OP No.1 is banking sector. OP No.1 is only the corporate agent to OPs 2 and 3 and it is not responsible to settle any claim with respect to the policy issued by OP No.2 and 3.  In the event of any loss or damage to the insured property, the complainant ought to have intimate without any delay to OP No.2 and 3 insurance company as per the terms and conditions of policy.  Any claim with respect to the insurance policy in question may be claimed directly from OP No.2 and 3 and the question of sending any documents by the OP No.1 to the insurance company does not arise and to that effect, OP No.1 issued reply to the complainant but, the same has been suppressed by him.  Therefore, there is no deficiency of service on the part of OP No.1 and prayed for dismissal of the complaint.

4.     OP No. 2 and 3 filed version through their Advocate stating that, they have issued insurance policy bearing No.3016/50850451/01/000 to the cattle belongs to complainant subject to terms and conditions.  It is submitted that, as per the general condition No.2, must take all reasonable steps to protect the property insured, prevent damage or accidents and maintain the animal insured in a sound and healthy condition and in the event of an illness or accident immediately give notice to the company in writing and obtain the services of a qualified veterinary Surgeon and the animal to be treated.  In the event of death of an animal immediate intimation should be sent to the insurers/OPs 2 and 3 and duly completed claim form, death certificate, PM report and Ear Tags applied to the animals should be surrendered.  Complainant has given intimation to the OPs that, 27 cattle's were died on various dates and given intimation to the OPs from 10^th Jan-2014 to 21^st January 2015 to policy No.3016/51318751/03/BOO and 3016/50850453/03/BOO and the complainant given intimation to insurance company only on 6^th, 12^th and 29^th April 2015, there is a delay in intimation to the OPs almost after one year after the death of cattle.  Further, complainant given intimation that 84 cattle's died on various dates from 22^nd October 2013 to 21^st  January 2015 to policy No. 3016/51318751/02/000,  No. 3016/51318751/03/BOO, No.3016/50850453/03/000 and No.         3016/544425580/00/000  and given intimation only 4 times i.e., 6^th, 12^th February 2015, March 2016 and 29^th April 2015 i.e., after one year from the date of death of cattle.  After intimation, they have appointed an investigator to survey the cattle who submitted that during the investigation some of the live cattle's were not tagged, photos does not clearly shows any tag numbers and some of the photos submitted by complainant depicts that  cattle appears to have been forcefully laid to ground, held to prevent movement and appears alive.   After receiving the survey report, they have issued letter dated 03.08.2015 regarding 27 cattle claims died on various dates from 10^th January 2014 to 21^st January 2015 and the intimation was given on 6^th, 12^th February 2015 and 29^th April 2015 and 84 cattle claims died on various dates from 22^nd October to 21^st January 2015 and intimation was given on 6^th, 12^th February 2015, 12^th March 2015 and 29^th April 2015.  As per general condition No.2 and 5 complainant neither given them any opportunity to inspect the alleged death cattle nor any immediate notice reporting the death of cattle on various dates, which is violation of the policy conditions and claim procedures and therefore, they are unable to accept the claim made by the complainant. Therefore, they have repudiated the claim made by the complainant and therefore, there is no deficiency of service and prayed for dismissal of the complaint.

 

5. Complainant himself examined as Pw-1 by filing affidavit evidence and filed documents, the same were got marked as Ex A-1 to A-124.

 

        6. On behalf of OP No.1 one Shri. Abdul Muthalib, Manager-Power, examined as DW-1 and on behalf of OP No.2 and 3 one Sri. Piyush Shankar, the Assistant General Manager-Legal Claims, examines as DW-2 by filing affidavit evidence and documents got marked as Ex.B-1 to Ex.B-120.  

 

        7.     Now the Points arise for our consideration for the decision of the complaint are that:-

 

Point No.1:- Whether the complainant proves that he has obtained insurance policy from OP Nos. 2 and 3 insurance company to his sheep and goats and the claim made by him has been repudiated by the OP/insurance company and thereby they have committed deficiency of service and the complainant entitled for the relief as sought for in the complaint?

 

Point No.3:-  What order?

                     

8. Our findings on the above points are as below.

        Point No.1:- Partly Affirmative.

        Point No.2:- As per the final order.

 

                                ::REASONS::

9. Point Nos. 1:-  It is not in dispute that the complainant has obtained loan of Rs.30,00,000/- from OP No.1 for the purchase of 1000 sheep and goats and the same have been insured with OP No.2 by paying premium amount regularly under Policy No.3016/50850451/00/000 dated 03.10.2013.  Complainant has taken all preventive measures on the life of the said sheep and goats.  but, out of 1000 sheep and goats, 150 sheep and goats were died.  Complainant initially submitted only 135 tag numbers to OP No.1 along with positive photos and PM reports and requested to settle the claim.  Subsequently, complainant submitted another representation furnishing 15 tag numbers and other relevant documents to the OP No.1 on 07.01.2015 claiming compensation in all for 150 goats and sheep for unnatural death.  The present market value of the goat is Rs.5,000/- and sheep value is Rs.4,000/-.  As on the date of death of sheep and goats, the policy was in force.  The complainant informed the death of sheep and goats on 11.04.2014 and submitted documents like tags, PM reports and Photos etc. to OP No.1 and requested to send the same to OP No.2 and 3 to release the claim amount of Rs.6,00,000/- but, the OPs have not released the said amount nor replied to the complainant.   

10.   To prove the case of the complainant, complainant himself examined as PW 1 by filing affidavit evidence in which reiterated the contents of the complaint and filed documents, the same were got marked as Ex.A-1 to A-124.  Ex.A-1 to 118 are the true copies of Claim Forms, Death Panchanamas and PM Reports of 118 goats and sheep containing  Tag Nos. 196994, 196993, 196992, 196883, 196918, 196999, 196982, 196967, 196919, 154746, 128791, 194941, 128712, 194907, 194946, 194936, 194977, 196683, 128800, 196821, 194929, 194952, 154659, 154616, 128709, 128730, 128793, 128728, 128765, 128704, 126724, 128743, 128749, 128780, 128737, 128742, 128763, 128787, 154675, 154970, 154617, 154624, 194954, 196814, 128711, 196662, 128770, 154849, 154664, 128707, 154641, 154968, 128702, 154611, 154697, 154622, 154934, 154683, 154858, 154753, 154698, 154740, 128758, 128790, 154750, 154833, 154642, 154997, 154836, 154917, 154613, 154671, 128733, 128769, 128783, 154680, 155000, 154903, 154739, 154765, 128764, 196626, 128725, 153436, 154705, 154633, 154993, 154623, 154928, 154621, 154992, 153485, 154631, 154961, 154698, 154620, 153449, 154670, 154647, 154669, 154632, 154928, 154383, 154921, 154830, 154771, 196686, 128761, 196603, 196686, 196648, 196644, 196974, 196973, 194983, 194909, 194935 and 194930   complaint.  Ex.A-119 is the three postal receipts, Ex.A-120 is the legal notice, Ex.A-121 is the letter dated 03.08.2015 issued by OP/insurance company to the complainant, Ex.A-122 is the Annexure containing details with regard to death of 27 goats/sheep, Ex.A-123 is the letter dated 03.08.2015 issued by OP/insurance company to the complainant, and Ex.A-124 is the Annexure containing details with regard to death of 84 goats/sheep.   

11.   On the other hand, advocate for OP No.1  argued that, it has advanced loan of Rs.30,00,000/- for purchase of sheep and goats but, denied that the complainant has taken all kind of steps to prevent the death of said sheep and goats and it has no knowledge about death of 150 sheep and goats.  Complainant is a defaulter in repayment of the said loan amount.  The contract of insurance is between OP No.2 and 3 and OP No.1 is banking sector/corporate agent to OPs 2 and 3 and it is not responsible to settle any claim with respect to the policy issued by OP No.2 and 3.  In the event of any loss or damage to the insured property, the complainant ought to have intimate without any delay to OP No.2 and 3 insurance company as per the terms and conditions of policy.  Any claim with respect to the insurance policy in question may be claimed directly from OP No.2 and 3 and the question of sending any documents by the OP No.1 to the insurance company does not arise.

12.   Advocate for OP No.2 and 3 argued that, they have issued insurance policy bearing No.3016/50850451/01/000 to the cattle belongs to complainant subject to terms and conditions.  As per the general condition No.2, complainant must take all reasonable steps to protect the property insured and in the event of death of an animal immediate intimation should be given to the insurers/OPs 2 and 3 with duly completed claim form, death certificate, PM report and Ear Tags applied to the animals should be surrendered.  Complainant has given intimation about the death of 27 cattle on various dates and given intimation to the OPs from 10^th Jan-2014 to 21^st January 2015 to policy No.3016/51318751/03/BOO and 3016/50850453/03/BOO and on 6^th, 12^th and 29^th April 2015 and 84 cattle on various dates from 22^nd October 2013 to 21^st January 2015 to policy No. 3016/51318751/02/000, No. 3016/51318751/03/BOO, No.3016/50850453/03/000 and No. 3016/544425580/00/000 and given intimation on 6^th, 12^th February 2015, March 2016 and 29^th April 2015 i.e after one year from the date of death of cattle.  After intimation, they have appointed an investigator to survey the cattle who submitted survey report. As per general condition No.2 and 5 complainant neither given them any opportunity to inspect the alleged death cattle nor any immediate notice reporting the death of cattle on various dates, which is violation of the policy conditions and claim procedures and therefore, they are unable to accept the claim made by the complainant. Therefore, they have repudiated the claim made by the complainant.

13.  On behalf of OP No.2 and 3, affidavit of its Assistant General Manager has been filed reiterating the contents of version and also relied on documents like certified copies of Photos, PM reports, Death Panchanamas, Claim Forms and Policy Schedules of 113 goats and sheep containing Tag Numbers marked as Ex.B-1 to Ex.B-113, certified copy of policy dated 29.07.2011 marked as Ex.B-114, certified copy of policy dated 18.09.2012  marked as Ex.B-115, certified copy of policy dated 10.09.2013 marked as Ex.B-116, certified copy of postal receipt marked as Ex.B-117, certified copies of letters dated 03.08.2015 with annexures marked as Ex.B-118 and Ex.B-119, certified copy of investigation report marked as Ex.B-120 with photocopy of tags, certified copy of letter issued to OP/insurance company requesting to settle the insurance amount.          

14.   On perusal of the entire case records and documents and affidavit evidence, it clearly goes to show that, complainant insured his goats and sheep under the above said policy by paying premium amount regularly.  Out of 1000 goats and sheep, 150 goats and sheep were died when the policy was in force.  OP/insurance company has repudiated the claim made by the complainant on the ground that, there is a delay in intimating them about death of goats and sheep by the complainant.   The complainant has intimated the OPs about death of goats and sheep by telephone. OP No.2 and 3 are residing at Hubli and Mumbai.  It is not possible to come and verify about the death of goats and sheep.  OPs have orally told the complainant to give the entire records i.e., claim form, PM report and other documents for settlement.  After receiving the entire records from the complainant, OPs have repudiated the claim made by the complainant.  No one in the earth i.e., the Hindus cannot kill the domestic animals, because the Hindus are worship the cow/sheep/goats and treated them as the god.  Such being the case, complainant himself cannot kill the sheep and goats as contended by the OPs.  After obtaining the entire records i.e., claim form, PM report and other records from the complainant, the OPs have repudiated the claim of the complainant on the ground that, the complainant has not intimated about the death of goats and sheep well in time, that question cannot be acceptable because, complainant has intimated the OPs by telephone immediately after the death of goats/sheep.  The OPs have intimated the complainant to give the complaint in writing.  As per the intimation given by the OPs, complainant has written letters to OP No.1 on 11.04.2014 and 07.01.2015 informing the death of 150 goats/sheep and also written a letter dated nil giving details of tag numbers, in which he has stated that, because of non availability of photographer and Doctor more time has been consumed to get the photos of sheep/goats and also the PM report.  At the time of obtaining insurance policy from the customers, OPs have shown very good curiosity but, they are not showing the same curiosity in settling the claim correctly.  In all most all the cases, OPs are committing the same mistake in settling the claim made by the insured.  When once the OP/insurance company collected the entire premium amount from the insured towards the value of the goats and sheep and the policy is in force at the time of accident/incident, the question of repudiation of the claim made by the insured does not arise.  In the death panchanamas conducted by the Doctors, it is mentioned that, the market value of each goats/sheep was Rs.5,000/-.  Therefore, now we come to the conclusion that, the market value of the goats/sheep is to be fixed at Rs.4,500/- each i.e., for 118 sheep/goats.  So, the OP Nos.2 and 3 are liable to pay the insurance amount under the policy.  In view of the memo filed by the complainant dated 04.12.2015, complaint as against OP No.1 is liable to be dismissed.  Accordingly, we answer the Point No.1 held as partly affirmative. 

15.   Point No.2:- As discussed on the above point and for the reasons stated therein, we pass the following:

ORDER

The complaint filed by the complainant U/s 12 of CP Act 1986 is partly allowed.

It is ordered that, OP No.2 and 3 are hereby directed to pay Rs.5,31,000/- along with interest at the rate of 12% p.a to the complainant from the date of complaint till realization.

It is further ordered that, OP No.2 and 3 are hereby directed to pay a sum of  Rs.10,000/- towards mental agony and Rs.5,000/- towards costs of this proceedings.

In view of the memo filed by the complainant dated 04.12.2015, complaint as against OP No.1 is dismissed.

 It is further ordered that, OP No.2 and 3 are hereby  directed to comply the above said order within two months. 

                                                    

(This order is made with the consent of Member after the correction of the draft on 18/10/2016 and it is pronounced in the open Court after our signatures.)

         

 

MEMBER                                         PRESIDENT

ANNEXURES:

Complainant by filing  affidavit evidence taken as PW-1.

Witness examined on behalf of complainant:

                                                -Nil-

On behalf of OP No.1 one Shri. Abdul Muthalib,  Manager-Power, examined as DW-1 by filing affidavit evidence.  

Witnesses examined on behalf of OPs:

On behalf of OP No.2 and 3 one Sri. Piyush Shankar, Assistant General Manager-Legal Claims, as DW-2 by filing affidavit evidence. 

 Documents marked on behalf of complainant:

01	Ex-A-1 to 118:-	True copies of Claim Forms, Death Panchanamas and PM Reports of 118 goats and sheep containing  Tag Numbers
02	Ex-A-119:-	Three postal receipts
03	Ex-A-120:-	Legal notice
04	Ex-A-121:-	Letter dated 03.08.2015 issued by OP/insurance company to the complainant
05	Ex-A-122:-	Annexure containing details with regard to death of 27 goats/sheep
06	Ex-A-123:-	Letter dated 03.08.2015 issued by OP/insurance company to the complainant
07	Ex-A-124:-	Annexure containing details with regard to death of 84 goats/sheep.

 

Documents marked on behalf of Opponent:

01	Ex-B-1 to 113:-	Certified copies of Photos, PM reports, Death Panchanamas, Claim Forms and Policy Schedules of 113 goats and sheep containing Tag Numbers
02	Ex.B-114:-	Certified copy of policy dated 29.07.2011
03	Ex.B-115:-	Certified copy of policy dated 18.09.2012
04	Ex.B-116:-	Certified copy of policy dated 10.09.2013
05	Ex.B-117:-	Certified copy of postal receipt
06	Ex.B-118 and 119:-	Certified copies of letters dated 03.08.2015 with annexures
07	Ex.B-120:-	Certified copy of letter issued to OP/insurance company requesting to settle the  insurance amount.

 

MEMBER                                         PRESIDENT

 

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