Haryana

Karnal

CC/552/2022

Manoj Kumar - Complainant(s)

Versus

The Divisional Manager, New India Assurance Company Limited - Opp.Party(s)

Ravi Sharma

08 Jul 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KARNAL.

 

                                                        Complaint No.552 of 2022

                                                        Date of instt.21.09.2022

                                                        Date of Decision:08.07.2024

 

Manoj Kumar aged about 51 years son of Shri Dharam Pal, resident of house no.105, ward no.6, opposite Mata, Haibetpur Sub Tehsil Nighdu Tehsil Nilokheri, District Karnal. Aadhar no.9183 5949 3677.

 

                                                 …….Complainant.

                                              Versus

 

1. The Divisional Manager, New India Assurance Co. Ltd. Badshah Khan Chowk, Faridabad.
2. The Divisional Manager, New India Assurance Co. Ltd. opposite Bus Stand, Karnal.

…..Opposite Parties.

 

Complaint under Section 35 of Consumer Protection Act, 2019.

 

Before   Sh. Jaswant Singh……President.      

      Sh. Vineet Kaushik…….Member

 

Argued by: Shri Ravi Sharma, counsel for the complainant.

                   Shri Sudershan Patlan, counsel for the OPs.

 

                     (Jaswant Singh, President)

ORDER:   

                

                The complainant has filed the present complaint under Section 35 of the Consumer Protection Act, 2019 against the opposite parties (hereinafter referred to as ‘OPs’) on the averments that complainant was having a cow of Gir Breed and he got the same insured from OPs, vide policy no.31270047222700011980. OPs insured the same after due medical examination of said cow and then OPs issued Tag no.160029450420. The value of the said cow was assessed as Rs.40000/-. The insurance policy is valid from 18.05.2022 to 17.05.2023. Unfortunately, on 13.06.2022 the cow of complainant died due to cardic arrest. The postmortem of dead cow was conducted by the Verterinary Surgeon, I/C Vet. Hospital, Nighdu District Karnal. The said cow of complainant died during the subsistence of the insurance policy. After the death of his cow, complainant lodged the claim with the OPs, the official of the OPs got signed certain blank and printed papers from the complainant and took the original required documents from complainant and assured that the insured amount will be given to complainant within a period of 15 days. After 15 days, OPs have not disbursed the abovesaid amount to the complainant. Complainant requested the OPs several times for disbursement of the claim amount but OPs always postponed the matter on one pretext or the other and lastly repudiated the claim of complainant, vide letter dated 11.07.2022 on the ground that the cow had expired within 21 days from the inception of the policy, then the claim is not payable. The said repudiation letter is null and void and not binding on the rights of the complainant because the aforesaid cow was insured on 18.05.2022 and said cow died on 13.06.2022 i.e. after 26 days. Then complainant sent a legal notice dated 25.08.2022 to the OPs but it also did not yield any result. In this way there is deficiency in service and unfair trade practice on the part of the OPs. Hence this complaint.

2.             On notice, OPs appeared and filed its written version raising preliminary objections with regard to maintainability; cause of action; locus standi and concealment of true and material facts. On merits, it is pleaded that the claim of the complainant has been rightly repudiated by the OPs because the cow of the complainant died just after few days of taking the policy. No treatment record was provided by the complainant as his cow was sick prior to death. So, the insurance policy of complainant is not covered under the terms and conditions of insurance policy. There is no deficiency in service and unfair trade practice on the part of the OPs. The other allegations made in the complaint have been denied and prayed for dismissal of the complaint.

4.             Parties then led their respective evidence.

5.             Learned counsel for the complainant has tendered into evidence affidavit of complainant Ex.CW1/A, copy of repudiation letter dated 11.07.2022 Ex.C1, copy of Health Certificate/Policy dated 18.05.2022 Ex.C2, copy of post mortem report Ex.C3, copy of intimation letter Ex.C4, copy of Livestock claim form Ex.C5, copy of statement of complainant Ex.C6, copy of Discharge voucher Ex.C7, copy of Death Certificate issued by Sarpanch Ex.C8, copy of aadhar card of complainant Ex.C9, copy of legal notice dated 25.08.2022 and its receipt and acknowledgement Ex.C10 to Ex.C13 and closed the evidence on 25.04.2023 by suffering separate statement.

6.             On the other hand, learned counsel for the OP has tendered into evidence copy of information dated 11.07.2022 Ex.OP1, copy of claim Note Ex.OP2, copy of Detail of Animal Ex.OP3, copy of Investigation Report Ex.OP4, copy of insurance policy Ex.OP5 and closed the evidence on 06.02.2014 by suffering separate statement.

7.             We have heard the learned counsel for the parties and perused the case file carefully and have also gone through the evidence led by the parties.

8.             Learned counsel for complainant, while reiterating the contents of the complaint, has vehemently argued that complainant got insured his cow with the OPs for Rs.40,000/-. Unfortunately, the cow of the complainant expired on 13.06.2022. After the death of his cow, complainant lodged a claim with the OPs and completed all for formalities for settlement of the claim but OPs did not settle the same and repudiated the claim of the complainant on the false and frivolous ground and lastly prayed for allowing the complaint.

8.             Per contra, learned counsel for the OPs, while reiterating the contents of written version, has vehemently argued that cow died just after few days of taking the policy. No treatment record has been provided by the complainant as his cow was sick prior to death. So, as per the terms and conditions of insurance policy, the claim of complainant has rightly been repudiated by the OPs and prayed for dismissal of the complaint.

9.             We have duly considered the rival contentions of the parties.

10.           Admittedly, the complainant had got insured his cow with OP for the sum insured of Rs.40,000/- and she had died during the subsistence of the insurance policy.

11.           The claim of the complainant has been repudiated by the OPs, vide repudiation letter Ex.C1/Ex.OP1 dated 11.07.2022 on the ground that cow has been died within 21 days of taking the policy. The onus to prove its version was relied upon the OPs but OPs have miserably failed to prove the same by leading any cogent and convincing evidence. OPs have not placed on file copy of policy to prove its version. OPs have relied upon the document Ex.OP2 in which effective date has been mentioned as 27.05.2022 and expired date is 26.05.2023 but said document is a claim- note, not copy of policy. On the other hand, complainant has placed on file copy of insurance policy Ex.C2. Said policy has been purchased on 18.05.2022 and not on 27.05.2022 as alleged by the OPs and effective from 18.05.2022 to 17.05.2023, the OPs have received the premium amount. Thus, the plea taken by the OPs has no force. Thus, the act of the OPs while repudiating the claim of complainant amounts to deficiency in service and unfair trade practice, which is otherwise proved genuine one.

12.           As per cover note of policy Ex.C2, the sum assured of the cow is Rs.40,000/-. Thus the complainant is entitled for the said amount alongwith interest, compensation for mental pain and agony and litigation expenses.

13.           Thus, as a sequel to abovesaid discussion, we allow the present complaint and direct the OPs to pay Rs.40,000/- to the complainant alongwith interest @ 9% per annum from the date of repudiation i.e. 11.07.2022 till its realization. We further direct the OPs to pay Rs.20,000/- to the complainant on account of mental agony and harassment and Rs.5500/- towards the litigation expenses. This order shall be complied with within 45 days from the receipt of copy of this order. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Announced:

Dated: 08.07.2024   

                                                                  President,

                                                     District Consumer Disputes

                                                     Redressal Commission, Karnal.

(Vineet Kaushik)       

                Member