Haryana

Karnal

CC/561/2024

Jagtar Singh - Complainant(s)

Versus

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

Lovepreet Singh Babbar

06 Dec 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KARNAL.

 

                                                          Complaint No. 561 of 2024

                                                          Date of instt. 19.11.2024

                                                          Date of Decision 06.12.2024

 

 

Jagtar Singh son of Shri Harbhajan Singh, resident of Dera Fatehgarh, Dacher District Karnal. Age 40 years. Aadhar no.479233851682. Mobile No.7988986565.

 

                                                 …….Complainant

                                              Versus

 

1. The Manager, New India Assurance Co. Ltd., NH-5/R-2 Badshah Khan Chowk, Faridabad-121001 through its Manager.
2. The Manager, New India Assurance Co. Ltd. Old G.T. Road, near Khalsa College, above PNB Bank, Karnal through its Manager.

 

                                                                    …..Opposite Parties.

 

      Complaint u/s 35 of the Consumer Protection Act, 2019

 

Before      Sh. Jaswant Singh…….…President 

                Ms.Neeru Agarwal……President

        Ms.Sarvjeet Kaur…………..Member

 

 Present: None for the complainant.

                                        

                (Jaswant Singh President)

 

ORDER:                    

 

                Today the case is fixed for consideration on the point of admissibility of complaint. None has put into appearance on behalf of complainant.

2.             The complainant has filed the present complaint U/s 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 which was insured vide policy no.31270047232700073247, valid from 15.11.2023 to 14.11.2024. In this regard the inspection of health has been done by the OPs and after inspection issued Health Certificate bearing no.1015964. On 05.12.2023 at about 6.00 a.m. said cow has been suddenly died and postmortem was done at Government Veterinary Hospital, Nissing District Karnal, vide PMR No.59780 dated 05.12.2023. After the death of said cow, complainant approached OPs to pay the benefit as per policy but OPs started postponing the matter on one pretext or the other. By not issuing the claim and other benefits by OPs, complainant has suffered a mental pain, agony and harassment as well as financial loss. Then complainant sent a legal notice dated 03.08.2024 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.

3.             Today, none has put in appearance on behalf of complainant. The position remained the same on 21.11.2024. As per Section 36(2) of the Consumer Protection Act, 2019, the admissibility of the complaint is ordinarily be decided within twenty-one days from the date on which the complaint was filed. The present complaint has been filed on 19.11.2024 and period for deciding the admissibility of the complaint is going to be  expired. Hence, there is no reason to adjourn the complaint further for the same purpose.

4.             In the present complaint, complainant got insured his cow with the OPs. On 05.12.2023 at about 6.00 a.m. the said cow has been suddenly died and postmortem was done at Government Veterinary Hospital, Nissing District Karnal, After the death of said cow, complainant lodged the claim with the OPs and submitted all the required documents and requested for releasing of the claim under the policy but OPs did not pay the claim and lingered the matter on one pretext or the other.

5.             Complainant has alleged that the post mortem of the cow was conducted but no postmortem report has been placed on file by the complainant to prove his version. Complainant has placed on file, only Livestock Claim Form, insurance policy and legal notice. There is nothing on the file to ascertain that complainant’s cow has been died. Thus, the present complaint is nothing but seems to be a clever tactics to extort money from the OPs. 

6.             Thus, in view of the above discussion, the present complaint devoid of merits and deserves to be dismissed and same is hereby dismissed in limine. No order as to costs. However, the complainant is at liberty to file a fresh complaint while annexing the post mortem report and other required documents, before the competent court of law. Parties concerned be communicated of the order accordingly and file be consigned to the record room.

Announced
Dated: 06.12.2024  

                                                                     President,     

District Consumer Disputes

Redressal Commission, Karnal.

 

(Neeru Agarwal)                      (Sarvjeet Kaur)        

      Member                                   Member