DISTRICT CONSUMER DISPUTES REDRESSAL FORUM: BHADRAK
Dated the 19thday of May, 2020
C.D Case No. 37 of 2018
Present 1. Shri Raghunath Kar, President
2. Shri Basanta Kumar Mallick, Member
3. Afsara Begum, Member
Manoranjan Das
S/o Barun Das
Vill: Biridi,
Po: Bandalo,
Ps: Bhandaripokhari,
Dist: Bhadrak, Odisha
……………………. Complainant
(Versus)
1. The Branch Manager,
United India Insurance Co. Ltd. (A Government of India undertaking)
10, Satyanagar, Bhubaneswar, 751007
2. The Chief District Veterinary Officer, Bhadrak
At/Po/Ps/Dist: Bhadrak
3. The Addl. Veterinary Assistant Surgeon, Bhandaripokhari
At/Po/Ps: Bhandaripokhari,
Dist: Bhadrak
……………………..Opp. Parties
Counsel For Complainant: Sri N. Sahu, Adv
Counsel For the OP No. 1: Sri A. K. Panda, Adv
Counsel For the OP No. 2 & 3: In Person
Date of hearing: 21.08.2019
Date of order: 19.05.2020
BASANTA KUMAR MALLICK, MEMBER
This dispute arises out of the complaint filed by the complainant alleging deficiency of service and unfair trade practice against the O.Ps.
The facts of the case as narrated in the complaint are to the effect that the complainant is a poor person earns his livelihood from wage earning and made up his mind to start a diary unit with the financial assistants of the Govt. as he is a Livestock Card Holder which bears subsidy from the State Govt. under Dairy Development Scheme. On his application OP No. 3 made all arrangements for purchase of two cows which were insured under United India Insurance Co. Ltd. and the premium for the purpose was paid to OP No. 1 through OP No. 2 covering a period of three years commencing from 05.06.2015 to 04.06.2018. As the complainant is coming under SC category the premium for insurance was fixed at Rs 106/- for a period of three years and after insurance the complainant was issued a Life Stock card from OP No. 3. In the process of insurance OP No. 3 tagged the cow vide No. 70054 & 70051 to complete the process of insurance. But unfortunately the cow bearing tag No. 70051 dies on 13.09.2017 and immediately the complainant informed OP No. 3 about the death of cow. On having information from the complainant OP No. 3 reached at the spot and conducted postmortem and determined the cause of death as sphyxiation resulting from acute tympany. The complainant also simultaneously informed OP No. 1 about the death of the cow over phone and stacked claim for compensation. Waiting for a period of more than two months for settlement of the claim, the complainant met OP No. 3 in his office and enquired to know about the fate of the claim. But the said OP advised to contact OP No. 1 for development on the claim matter. Moreover OP No. 3 also issued a letter on 28.11.2017 urging upon OP No. 1 to settle the claim as the complainant has observed all formalities for settlement of claim. In spite of all attempts made by the complainant and other O.Ps, OP No. 1, the insurer, repudiated the claim on 15.02.2018 on the ground that the said insurance was valid up to 13.04.2016 and as the death of the cow has occurred beyond the insurance coverage period the complainant is not entitled to any claim. Thereafter the complainant has made sincere requests time and again for settlement of claim but yielded no result which amounts to deficiency of service of OP No. 1 and also unfair trade practice. Being aggrieved with the monopoly act of OP No. 1, the complainant filed a complaint in this Forum praying for augmentation of loss along with cost and compensation amounting to Rs 80,000/-.
OP No. 1 objected the claim and contested the case. At the outset the answering OP raised the question of maintainability, cause of action and denied all the allegations as raised in the complaint. The answering OP also emphasized on the point of denial on deficiency of service caused as the said OP has acted upon according to terms and conditions of the policy issued to the complainant through other O.Ps. Further the answering OP also raised the objection on the point that the demised cow was not covered under insurance at the time of death and also raised the question of territorial jurisdiction as the answering OP is having its office at Bhubaneswar. It is clarified in the written version of OP No. 1 that the insurance of livestock was valid for the period from 05.06.2015 to 04.06.2016 but the cow died on 13.09.2017 as reveals from postmortem report issued by additional V.A.S Bhandaripokhari which is beyond the validity period of the policy. It is also stated that the Director of Animal Husbandry Veterinary S (NLM) Mangalabag, Cuttack has obtained a cattle insurance policy bearing No. 2602014715P111946234 against 474 number of cows of different species, bred, age and owned by the different owners with their separate identification/Ear Tag No. and within the local limits of CD VO Bhadrak as mentioned under the description of Animal insured of the schedule of policy from M/s United India Insurance Co. Ltd. Satyanagar, Bhubaneswar covering the period from 14.04. 2015 to 13.04.2016. The insurer of the cow, that is the OP No. 1, has also admitted that it has received the claim proposal duly filled in and signed by the complainant where the Tag no differs and since the proposal on 28.11.2017 vide letter No. 408 of Additional V.A.S Bhandaripokhari Block does not come within the validity period of the policy. Further OP No. 1 stated that since the cow has died beyond the policy period, the answering OP had no alternative other than to repudiate the claim. In view of above submission and taking the actual facts into consideration the answering OP prays the Forum to dismiss the case with cost.
OP No. 2, The Chief District Veterinary Officer, Bhadrak, in submitting written version stated that the Additional V.A.S Bhandaripokhari submitted the insurance proposal duly signed by the complainant for insurance of cow bearing Tag No. NICL-OLRDS16070051, covering the period of three years, starting from 05.06.2015 and that was submitted to the OP No. 1 in due course. Subsequently the said cow was died on 13.09.2017 and the postmortem was conducted by Addl. V.A.S on the same day and the claim proposal was submitted on 15.09.2017 to the OP No. 2 which was submitted to insurance company (OP No. 1) vide letter No. 408 dt. 28.11.2017. The complainant has deposited Rs 106/- towards insurance premium for a period of three years as because the beneficiary belongs to scheduled caste. Accordingly the proposal form signed by the complainant indicates that the coverage period is for three years as per the norms specified in letter No. 1613 (30)/Vet dt. 04.02.2015. Since the coverage period of insurance was for three years and the cow died during the insurance validity period, repudiation of claim by the insurance company is illegal and unfair.
OP No. 3 in submitting written version stated that the complainant had purchased cows under Dairy Development Scheme which was insured under NLM Livestock Insurance Scheme with OP No. 1 as per the instruction of the Government for a period of three years. The complainant being a scheduled caste beneficiary had paid Rs 106/- as premium of insurance covering the period from 14.04.2015 to 13.04.2018 and the same has been remitted by OP No. 3 through OP No. 2 to the insurance authority. Out of those two cows, one cow bearing Tag No. NICL-OLRDS16070051 died on 13.09.2017 which was reported to OP No. 3 & 1. On having the telephonic intimation from the complainant the answering OP conducted the postmortem and submitted the report along with proposal form duly filled in to OP No. 1 through OP No. 2. Since the insurance was covered for a period of three years, the cow in discussion died on 13.09.2017 during the validity period of insurance and as such the complainant is entitled to get compensation of Rs 15,000/- that is the purchase price of cow and repudiation of the claim of the complainant by the insurer is not fair.
Admittedly the complainant is a beneficiary under the Govt. scheme and had insured the cow with OP No. 1 through OP No. 2 & 3. It is also a fact that he has paid premium of Rs 106/- which has been remitted to insurance company along with proposal form duly filled in. That apart other facts of the complaint has been disputed.
Gone through the complaint of the complainant, written version of all the O.Ps, heard the counsels of complainant & OP No. 1 and other O.Ps who appeared in person and participated in hearing, perused materials on record and observed the following issues are involved in the case for thread bare discussion and order.
The complainant claimed that he being a scheduled caste beneficiary under Dairy Development Scheme of the Govt. had paid a sum of Rs 106/- as insurance premium of the cows covering a period of three years starting from 14.04.2015 to 13.04.2018. He has also signed the proposal form of insurance stating the insurance period covering a period of three years. Consequent upon the death of the cow, the complainant intimated all concerned for necessary action. In response to his intimation, OP No. 3 conducted postmortem and filled the claim proposal form which was signed by the complainant. But unfortunately OP No. 1 repudiated the claim on the ground that the cow has died beyond the validity period of insurance which is illegal and unfair. On the contrary the counsel of OP No. 1 argued that the cow has died on13.09.2017 that is beyond the insurance period as a result of which the claim so submitted was repudiated. The insurance was done for a period of one year only as reveals from policy papers. Under such situation the claim of the complainant for compensation of Rs 15,000/- was repudiated. Simultaneously OP No. 2 & 3 jointly argued that the claim proposal duly signed by the complainant, being a Livestock card holder, has paid the premium of insurance for a period of three years which has been transmitted to insurance company OP No. 1 and it is also a fact that the cow bearing Tag No. NICL-OLRDS16070051 died on 13.09.2017 and after conducting postmortem, the report along with the claim proposal form were submitted to the insurance company for settlement of claim. Under the above premises the plea of OP No. 1 on repudiation of claim is unfair and illegal and the complainant has every right to get the compensation towards death of the cow.
On perusal of records it is confirmed that the complainant is a livestock card holder under the State Govt. and has submitted the insurance proposal to insure the cow for a period of three years. The said proposal form has duly been signed by the complainant and bears counter signature of OP No. 3. The consolidated insurance proposal of all the beneficiaries in Bhadrak District for relevant period along with individual proposal forms were sent to OP No. 1 by the Chef District Veterinary Officer reveals that the insurance of cow of the complainant vide Tag No. NICL-OLRDS16070051 was done for a period of three years starting from 14.04.2015 to 13.04.2018. But the insurer has deliberately mentioned in the policy papers as the period of insurance is one year. Such willful act of insurer indicates and amounts to deficiency of service. Further as regards jurisdiction it is beyond the doubt that the insurer has business operation in the District of Bhadrak for which the question of jurisdiction raised by OP No. 1 is not tenable. Therefore the claim of the complainant is genuine and repudiation of claim by OP No. 1 is an act of unfair trade practice. Such arbitrary decision of OP No. 1 also amounts to deficiency of service. Hence the OP is liable to pay the death claim of the cow to the complainant.
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ORDER
In the result, the complaint be and the same is allowed against the OP No. 1 and dismissed against OP No. 2 & 3 with cost and compensation. OP No. 1 is directed to pay the claim of Rs 15,000/- together with interest @ 7% with effect from the date of submission of claim proposal till the date of payment. Further the OP No. 1 is also directed to pay compensation of Rs 5,000/- towards mental agony and harassment and Rs 2,000/- as cost of litigation. This order must be complied within a period of 30 days from the date of receipt of order failing which the OP No. 1 will be liable to pay interest @ 6% on the order amount from the date of order till the date of payment.
This order is pronounced in the open Forum on this day of 19th May, 2020 under my hand and seal of the Forum.
