BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, IDUKKI

Dated this the 29th day of June, 2009

Present:

SRI.LAIJU RAMAKRISHNAN PRESIDENT

SMT.SHEELA JACOB MEMBER

SMT.BINDU SOMAN MEMBER

C.C No.149/2008

Between

Complainant : Mary Peter,

Pulinthanathu House,

Vazhavara Kara,

Idukki District.

(By Adv: Jose Thomas)

And

Opposite Parties : 1. The Branch Manager,

State Bank of India,

Kattappana P.O.

Kattappana.

(By Adv: Joseph Kavumkal)

2. Dr. P.V. Geethamma,

Vetenary Surgen,

Govt. Mobile Vetenary,

Vellayamkudy, Kattappana.

(By Adv: Joseph Pathalil)

3. The Branch Manager,

New India Insurance Company,

Kattappana P.O.

Kattappana.

(By Adv: Thomas Sebastian)

O R D E R

SRI.LAIJU RAMAKRISHNAN(PRESDIENT)

Complainant purchased a cow by availing loan from the 1st opposite party. As per the direction of the 1st opposite party the cow was inspected by the 2nd opposite, party ear tag was affixed, and prepared the documents for Insurance. It was insured for Rs.12,500/- from the 3rd opposite party. There was an yield of 15 liters of milk from the cow. The Bank officials also inspected the cow before issuing loan. The 1st opposite party assured the complainant that all the documents for the insurance were submitted to 3rd opposite party. Unfortunately on 14/06/2006 the cow died due to a fall, and the postmortum otopsy was conducted on the same day itself by the 2nd opposite party. The death certificate and all the relevant papers for claim were given to the 1st opposite party. The 3rd opposite party after verifying the records, asked the complainant to produce the policy certificate and other details from the 1st opposite party. When the claim form was given to 2nd opposite party for the claim, the 2nd opposite party told that the policy number was not available. When the complainant approached the 1st opposite party for the Insurance Certificate they told the complainant that the relevant documents were lost from the bank. The only income for the livelihood of the complainant was the cow. So the complaint is filed for getting the Insurance amount of the cow.

2. As per the written version of 1st opposite party, it is admitted that on 15/10/2006 the petitioner availed a loan of Rs.12,500/- for the purchase of a milk cow. It was duly insured under the Policy No. 761503/47/07/01/0000201 for the period till 19/05/2008 with the 3rd opposite party. On expiry of the period the petitioner did not remit premium for the renewed of the said Insurance policy. The loan account became Non Performing Asset (NPA) on 01/10/2007 because the petitioner did not make any payment of the loan availed. The petitioner did not repay the loan as per the terms and conditions and hence the account became irregular. Hence the1st opposite party did not debit her account for the premium account and so the policy was not renewel. At the time of availing loan it was informed to the petitioner that the above insurance policy would be expired on 19/05/2008 and unless until the premium amount is not remitted, it will not be renewed. It is also informed to the petitioner that the premium was not remitted and so the policy is not renewed and hence there is no laches from the part of 1st opposite party.

3. As per written version of 2nd opposite party it is true that the cow of the complainant died and the 2nd opposite party conducted postmortum. When the complainant approached 1st opposite party with claim form she was asked to produce the policy certificate for information. This opposite party is unnecessarily dragged with the case and there is no cause of action against this opposite party.

4. As per written version of the 3rd opposite party, the 3rd opposite party never insured the complainant's cow having ear tag No. 761500/2201. The 1st opposite party has not intimated the 3rd opposite party to insure the above mentioned cow and has not paid any premium to insure the above said cow. On request of the 1st opposite party, the 3rd opposite party had issued a claim form to the complainant. The complainant has not returned the claim form duly filled. So they are not liable to pay any amount. As there is no policy cover to the above said cow, the 3rd opposite party is not liable to pay any amount towards compensation for the death of the above said cow.

5. The point for consideration is whether there was any deficiency in service on the part of the opposite party, and if so, for what relief the complainant is entitled to?

6. The evidence consists of the oral testimony of PW1 and PW2 and Exts.P1 to P5 marked on the side of the complainant and the oral testimony of DW1 and Exts.R1 to R8 marked on the side of the opposite parties.

7. The POINT:- Complainant availed a loan of Rs.12,500/- from the 1st opposite party for the purchase of a milch cow. At the time of availing the loan, the complainant did all the formalities for insuring the cow. When the cow died due to a fall, the complainant claimed for the amount, but it was revealed that the policy was not renewed. The complainant was examined as PW1. PW1 deposed that cow was examined by PW2, the vetenary doctor, the copy of the certificate issued by the doctor for the same is Ext.P1. Ext.P4 is the photograph of the diseased cow. Ext.P2 is the copy of the proposal for insurance signed by the 2nd opposite party and submitted to the 1st opposite party. The 1st opposite party assured that all the arrangements for the insurance were done by the 1st opposite party. The 2nd opposite party was examined as PW2. As per the application, PW2 deposed that, PW2 examined the cow at the residence of the PW1 and issued the Ext.P1 certificate. If there is loan for milch cow, then the policies are renewing by the bank itself. But she is not aware whether that is paying from bank account or lonee's account. Postmortum of the cow was also done by PW2. The 1st opposite party was examined as DW1. As per DW1, the complainant availed loan on 15/10/2006. But the loan was not repaid. So the loan account became Non Performing Asset. The Insurance policy amount was not paid by the complainant. It was informed to the complainant that the policy was up to 19/05/2008 and also about the renewal, but the complainant did not turn up to pay the same. Ext.R8 is the list of the person's insured their cows, issued from 3rd opposite party. Ext.R6 is the loan details of the complainant. Ext.R1 is the loan application, Ext.R3 is the agreement of loan.

It is admitted by the 1st opposite party as per Ext.R8, in list of the persons insured their cows, in which the complainant's name is also written, policy number also written. The date of expiry is 19/05/2008. It means that there was policy up to 19/05/2008. But the complainant never repaid the loan as well as the premium amount. Ext.R7 is the letter issued from 1st opposite party bank, demanded the complainant to pay the due amount of the loan. The complainant is also admitted that she never renewed the policy. But the society was paying the loan installments. But there is no evidence to prove the same. As per DW1 the loan account of the complainant was become N.P.A and after that as per Central Government Scheme "right off", the complainant also got the benefit of right off from the government. So she never repaid the loan. So she is not entitled for double benefit. So we think even though the complainant did not renew the premium, she was excempted from the payment of loan amount because of the debt weaver scheme, of government. The 3rd opposite party was not ready for disbursing the insurance only because the policy was not existing at the period of death of the cow. So we think that there is no deficiency is seen from the part of the opposite parties.

Hence the petition dismissed. No cost is ordered against the complainant.

Pronounced in the Open Forum on this the 29th day of June, 2009.

Sd/-

SRI.LAIJU RAMAKRISHNAN(PRESIDENT)

Sd/-

SMT.SHEELA JACOB(MEMBER)

Sd/-

SMT.BINDU SOMAN(MEMBER)

(cont..4) -4-

APPENDIX

Depositions :

On the side of Complainant :

PW1 - P.J. Peter

On the side of Opposite Parties :

DW1 - S Chandran

Exhibits:

On the side of Complainants:

Ext.P1 - Copy of Certificate dated 25/09/2006.

Ext.P2 - Copy of the Proposal for Insurance

Ext.P3 - Copy of Death Certificate dated 16/06/2008.

Ext.P4 - Photograph of the diseased cow

Ext.P5 - Claim Form

On the side of Opposite Party :

Ext.R1 - Loan Application

Ext.R2 - Receipt dated 27/04/2005.

Ext.R3 - Agreement of Loan

Ext.R4 - Revenue Recovery Notice

Ext.R5 - Copy of Agreement dated 31/05/2005

Ext.R6 - Letter from SBI dated 31/05/2005 for Rs.35,000/-

Ext.R7 - Letter from SBI dated 11/12/2007.

Ext.R8 - List of persons Insured their cows

Ext.R9 - Statement of Transaction