Haryana

Ambala

CC/248/2022

Manish - Complainant(s)

Versus

The New India Assurance Co Ltd - Opp.Party(s)

Anuj Kumar

29 Nov 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, AMBALA.

Complaint case no.	:	248 of 2022
Date of Institution	:	08.07.2022
Date of decision	:	29.11.2024

Manish Son of Rajwant Singh R/o Vill. Sain Majra, Tehsil Naraingarh Distt. Ambala.                                                                                                                                                                                                        ……. Complainant

                                                Versus

The New India Insurance Company Ltd., Through its Authorized Signatory, Divisional Office- 312700, NH-5/R/2, Badshah Khan Chowk, Faridabad- 121001, HLDB/NLM (Risk Management/Beema), Health Proposal and Registration Certificate

                                                                                   ….…. Opposite Party

Before:        Smt. Neena Sandhu, President.

                      Smt. Ruby Sharma, Member.            

 

Present:       Shri Binderjit Singh, Advocate, counsel for the complainant.

                     Defence of the OPs struck off vide order dated 12.01.2023.

                   (Ms.Priya Sharma, Advocate, counsel for the applicant/OP).

Order:        Smt. Neena Sandhu, President.

                   Complainant has filed this complaint under Section 35 of the Consumer Protection Act, 2019 (hereinafter referred to as ‘the Act’) against the Opposite Party (hereinafter referred to as ‘OP’) praying for issuance of following directions to it:-

1. To pay the insured amount of Rs.82,000/-, alongwith interest @18% p.a.
2. To pay Rs.1,50,000/- to the complainant as compensation for causing mental pain and suffering etc..
3. To pay Rs.50,000/-, as  litigation expenses.

                                      OR

Grant any other relief which this Hon’ble Commission may deems fit.

2.           Brief facts of the case are that the complainant was the owner of a cow, who was insured with the OP, vide Registration Serial No.354065, for the period from 05.12.2020 to 04.12.2021, for Rs.82,000/-, having Tag Number/Tatto Number 102290/604985. The insurance certificate was signed by Dr. Prem Parkash Vety Surgeon HVS-1 I/C Govt. Vety Hospital Naraingarh (Ambala) on 05.12.2020. Unfortunately the above said cow of complainant died on 23.08.2021, during the pendency of insured period. Post mortem was also conducted by the doctors of Animal Husbandry & Dairying Department Haryana on 23.08.2021 and they prepared the report dated 23.08.2021, having Sr. No.52925,  which was also signed by Vety Surgeon HVS-1 I/V Govt. Vety Hospital Naraingarh (Ambala). Thereafter, the complainant applied for the claim of insurance of the said cow but the same was rejected by the OP, illegally and unlawfully on 14.04.2022. The complainant has also sent a Regd. Legal notice to the OP through his counsel on 20.05.2022 but to no avail. By not paying the claim amount, the OP has committed deficiency in service. Hence this consumer complaint
3.           Despite availing number of opportunities, after putting appearance, when OP did not file written version, its defence was struck of by this Commission vide order dated 12.01.2023
4.           Learned counsel for the complainant tendered affidavit of the complainant as Annexure CW/A alongwith documents as Annexure C-1 to C-5 and closed the evidence on behalf of complainant.
5.           It is pertinent to mention here that the defence of the OP was struck off vide order dated 12.01.2023. However, on 06.02.2024, the OP filed an application to cross-examine the complainant. Complainant has given no objection on the said application, as such, vide order dated 07.03.2024, same was allowed and permission was granted to the OP to cross-examine the complainant. Ms.Priya Sharma, Advocate, counsel for the applicant/OP cross-examined the complainant on 16.09.2024. We have heard the learned counsel for the complainant and the learned counsel for the applicant/OP and have carefully gone through the case file.
6.           Learned counsel for the complainant has vehemently contended that insured cow died during the subsistence of the insurance policy, but the OP rejected the claim on the flimsy ground, which act amounts to deficiency in providing service and unfair trade practice on its part.
7.           Learned counsel for the OP, who cross-examined the complainant has submitted that there was mis-match of photographs of insured animal and the dead animal, therefore, the claim lodged by the complainant was rightly rejected by the OP.
8.           It may be stated here that it is the definite case of the complainant that it was the insured cow only, who died on dated 23.08.2021, during the pendency of insured period. Post mortem was conducted by the doctors of Animal Husbandry & Dairying Department Haryana on 23.08.2021 and prepared the report dated 23.08.2021 having Sr. No. 52925  which was also signed by Vety Surgeon HVS-1 I/V Govt. Vety Hospital Naraingarh (Ambala). However, it is pertinent to note that the OP, upon being duly notified of the complaint, chose not to file a written version within the prescribed period of 45 days as mandated under the provisions of CPA 2019, as a result whereof, the defence of the OP was struck off, vide order dated 12.01.2023.
9.            Now coming to the photographs of the cow and also the surveyor report dated 20.10.2021 alongwith other documents, attached with application by the OP, for cross-examination of the complainant. Firstly, as regards the photographs, it may be stated here that the photographs alone cannot establish any tampering with the identification tags, nor can they conclusively prove that the cow in question was not the insured animal. Secondly, with regard to surveyor's report dated 20.10.2021 alongwith other documents, which has been submitted by the OP alongwith the application for cross-examination of the complainant, it may be stated here that this Commission has already struck off the defence of the OP, and under such circumstances, the OP cannot seek to rely on the surveyor's report or any other documents provided alongwith any subsequent application. The said documents/report, therefore, cannot be admitted as evidence in this case.
10.           Significantly, even in the postmortem report dated 23.08.2021, Annexure C-4, the Tag Number/Tatto Number 102290/604985 of the insured cow has been found mentioned by the doctor concerned. The said doctor has not raised any doubt qua the said tag attached with the ear of the insured cow or her death.
11.           Thus, in light of the above, the arguments and documents presented by the OP, specifically the photographs and the surveyor’s report/other documents, do not have any bearing on the outcome of this case. The complainant’s case stands unaffected by these submissions.
12.           Under above circumstances, the complainant is therefore held entitled to claim amount of Rs.82,000/- (as per insurance policy, Annexure C-3) alongwith interest and also compensation for mental agony and harassment. 
13.           In view of the aforesaid discussion, we hereby allow the present complaint and direct the OP, in the following manner:-
    1. To make payment of claim amount of Rs.82,000/- (insured amount of cow) alongwith interest @6% p.a. from 08.07.2022 i.e the date of filing of the complaint, till its realization.
    2. To pay Rs.5,000/-, as compensation for the mental agony and physical harassment suffered by the complainant.
    3. To pay Rs.3,000/-, as litigation expenses.  

                  The OP is further directed to comply with the aforesaid directions within the period of 45 days, from the date of receipt of the certified copy of the order, failing which the OP shall pay interest @ 8% per annum on the awarded amount, from the date of default, till realization. Certified copy of this order be supplied to the parties concerned, forthwith, free of cost as permissible under Rules. File be indexed and consigned to the Record Room

 Announced:- 29.11.2024

 

	(Ruby Sharma)	(Neena Sandhu)
	Member	President