BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SIRSA.              

                                                          Consumer Complaint no. 229 of 2023                                                                         

                                                        Date of Institution :    26.05.2023.

                                                          Date of Decision   :    06.09.2024.

Fakir Chand son of Shri Durga Ram, aged about 70 years, resident of village Burj Bhangu, Tehsil and District Sirsa.

                                ……Complainant.

                             Versus.

1. The Manager/ Authorized person, New India Assurance Company Limited, Branch Near Bus Stand, Hisar Road, Sirsa.

2.The Manager/ Authorized Person,New India Assurance Company, Divisional Office, Faridabad- 312700.

...…Opposite parties.

            Complaint under Section 35 of the Consumer Protection Act, 2019.

Before:       SH. PADAM SINGH THAKUR …………PRESIDENT                                  

                   SMT. SUKHDEEP KAUR………………MEMBER.

                   SH. OM PARKASH TUTEJA…………….MEMBER

Present:       Sh. H.S. Bishnoi, Advocate for complainant.

                   Sh. Rakesh Bajaj, Advocate for opposite parties.                               

ORDER

                   The complainant has filed the present complaint under Section 35 of the Consumer Protection Act, 2019 against the opposite parties (hereinafter referred as OPs).

2.                In brief, the case of the complainant is that he got insured his one cow from ops on 31.03.2022 vide health certificate Sr. No. 831202 dated 31.03.2022 at Sr. no.2 vide Tag No. 100474751617 w.e.f. 31.03.2022 to 30.03.2023 for the sum assured amount of Rs.40,000/- and insurance was applied on 11.03.2022.  In this regard policy certificate has been issued by ops. That at the time of insurance of cow, it was aged about five years  and used to give 20 Kgs. of milk in one time and after complete verification, the insurance policy has been issued and a bank certificate was also issued in which Tg Number of cow was mentioned. It is further averred that on 30.04.2022 at about 4.00 a.m., the insured cow died due to shock which might be due to acute trypanosomiasis (fever). Intimation in this regard was immediately given to the ops and post mortem was conducted by Veterinary Surgeon, Govt. Hospital, Dhaban (Sirsa) vide post mortem number 10584 dated 30.04.2022. At that time Surveyor was also present on the spot and in the above said post mortem report, the tag number as well as cause of death has been mentioned. That prior to death the value of cow was approximately Rs.90,000/- but the same was insured for a sum of Rs.40,000/-. The complainant several times contacted the ops for the claim but ops kept on lingering the matter on one pretext or the other and ultimately have repudiated his claim due to reason that cow died within 21 days from the date of insurance. It is further averred that complainant obtained insurance policy on 31.03.2022 through Insurance Agent Ajay Kawan in presence of Dr. Satpal and agent has submitted insurance at late time and due to this reason complainant cannot be found responsible in any manner. The complainant is a poor person and belongs to BPL families but ops have refused to admit his claim without any rhyme or reason and said letter is also wrong and incorrect. In this way ops have adopted deficiency in service, unfair trade practice and have caused unnecessary harassment to him. Hence, this complaint.

3.                On notice, ops appeared and filed written statement raising certain preliminary objections. It is submitted that as per terms and conditions of the policy if animal dies within 21 days of the policy, then the insured is not entitled to any compensation and in the present case also the period of insurance was from 22.04.2022 to 21.04.2023 and said animal died on 30.04.2022 within 21 days of insurance, hence, complainant/ insured as per terms and conditions of insurance policy is not entitled to any compensation from ops and his claim has already been rejected by ops on this ground. Remaining contents of complaint are also denied to be wrong and prayer for dismissal of complaint made.

4.                The complainant in evidence has tendered his affidavit Ex. CW1/A and documents Ex.C1 to Ex.C11.

5.               On the other hand, ops have tendered affidavit of Sh. Jugal Kishore, Incharge as Ex. RW1/A and documents Ex.R1 and Ex.R2.

6.                We have heard learned counsel for the parties and have gone through the case file.

7.                The insurance of the cow in question of complainant is not disputed but the date of insurance is disputed because complainant has averred that ops insured the buffalo of complainant from 31.03.2022 for a period of one year whereas ops have alleged that the period of insurance was effective from 22.04.2022 to 21.04.2023. Admittedly the cow of complainant died on 30.04.2022 i.e. during the period of policy in question. The ops have repudiated the claim of complainant on the ground that death of cow is within 21 days from the date of insurance, therefore, as per terms and conditions of policy which stipulates that death due to diseases contracted prior to and within 21 days of commencement of risk is not payable. In the post mortem report dated 30.04.2022 Ex.C1, it is mentioned that cow has died due to shock which might be due to acute trypanosomias meaning thereby that death of cow is due to disease within 21 days from the date of insurance period i.e. 22.04.2022. The complainant claims that as insurance was applied on 11.03.2022 as per acknowledgment Ex.C3 and even health certificate Ex.C4 mentions the date of insurance from 31.03.2022 to 30.03.2023, therefore, above said terms and conditions of the policy is not applicable in this case as the risk has been started from 31.03.2022 and not from 22.04.2022 and death of cow is not within 21 days from 31.03.2022. However, the perusal of the certificate of insurance under Cattle/ livestock master policy Ex.R1 reveals that insurance policy of cow of complainant was effective from 22.04.2022 to 21.04.2023. In this regard, Hon’ble Supreme Court of India in recent judgment in case titled as Reliance Life Insurance Company Ltd. & anr. Versus Jaya Wadhwani, CA No. 35 of 2024 decided on 03.01.2024 has held that “date of issuance of the policy would be the relevant date for all the purposes and not the date of proposal or the date of issuance of the receipt”. As such the law laid down by Hon’ble Supreme Court in that case will prevail. So, as per above said term and conditions of insurance policy since death of cow of complainant is within 21 days from the date of issuance of certificate of insurance, therefore, complainant is not entitled to any claim from ops.

8.                In view of our above discussion, we do not find any merit in the present complaint and same is hereby dismissed but with no order as to costs. A copy of this order be supplied to the parties as per rules. File be consigned to the record room.  

Announced:                             Member      Member                President,

Dated: 06.09.2024.                                                        District Consumer Disputes

                                                                                  Redressal Commission, Sirsa.