Haryana

Ambala

CC/268/2019

Smt Rekha Rani - Complainant(s)

Versus

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

Ajay Trehan

01 Aug 2022

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, AMBALA.

 

                                                                   Complaint case no.         :     268 of 2019

                                                          Date of Institution           :     02.09.2019

                                                          Date of decision     :     01.08.2022.

         

Smt. Rekha Rani wife of Shri Naresh Kumar, resident of village and post office Samlehri District Ambala at present residing at Mati Dass Nagar, Ambala Cantt. Adhaar Card No.780260930928.

                                                                             ……. Complainant.

                                      Versus

1.       The New India Assurance Company Limited, through its Divisional Manager, Rai Market, Near Bank of India, Ambala Cantt.

2.       The New India Assurance Company Limited, Branch Office (353603), G.T.Road, Shahabad Markanda 136135 (Haryana) through its Branch Manager.

 

                                                                    ….…. Opposite Parties.

Before:        Smt. Neena Sandhu, President.

Shri Vinod Kumar Sharma, Member.

 

Present:       Shri Ajay Trehan, Advocate, counsel for the complainant.

Shri Mohinder Bindal, Advocate, counsel for the OPs.

 

Order:        Smt. Neena Sandhu, President.

Complainant has filed this complaint under Section 12 of the Consumer Protection Act, 1986 (hereinafter referred to as ‘the Act’) against the Opposite Parties (hereinafter referred to as ‘OPs’) prayed that OPs may be directed, to pay the insured amount of Rs.18,00,000/- alongwith interest from the date of deposit of the amount till its realisation and also to pay compensation.                                    

2.                Brief facts of the case are that the complainant is running a poultry farm under the name and style “ M/s Om Poultry Farm”. Chicks were provided by a famous company Venky’s (India) Limited. Complainant is earning more than Rs.7,00,000/- per year from the said poultry farm. Complainant got insured her poultry farm with the OPs vide policy No.356031118010000025 for total amount of Rs.22,25,000/- i.e Rs.9,25,000/- for the insurance of the building and Rs.13,00,000/- for the stock in process, for which complainant paid premium of Rs.2,555/-, to the OPs. On 13.08.2018, complainant informed the OPs that due to heavy rain, building of the poultry farm got collapsed, as a result whereof all the chicks died. Complainant sent the information to the OPs about the said incidence through its authorized agent Shish Pal. Ops appointed a surveyor to assess the loss who conducted the survey but inspite of that Ops did not release any claim amount. Complainant served a legal notice dated 03.11.2018, upon the OPs but they neither replied the same nor make the payment. Complainant received a letter dated 09.11.2018 from the Ops regarding cancellation of the claim of the complainant. By doing so, the OPs have committed deficiency in service. Hence, the present complaint.

3.                Upon notice, OPs appeared and filed written version, raised preliminary objections with regard to maintainability, not come with clean hands and suppressed the material facts, cause of action etc.  On merits, it is stated that the alleged insurance policy was availed by the Punjab National Bank in the name of Om Poultry Farm to secure its loan whereas the present complaint has been filed by the complainant in her name. Complainant is neither the owner nor the leasee of the land in question on which the said poultry farm has been constructed, as such, complainant has no insurable interest. As a matter of fact, the reported claim with regard to alleged loss caused to the Om Poultry Farm Village Kharu Khera, Ambala, was duly entertained immediately. IRDA approved, independent surveyor Shri Vishal K. Aggarwal was deputed to assess the loss and to give the fact finding report. Said surveyor immediately contacted the authorized representative Mr. Naresh Kumar and inspected the premises where one shed was lying fallen and discuss the matter with him in detail who told the surveyor that the loss has been caused due to unknown reason. On the request of the surveyor the authorized representative submitted the revised estimate of Rs.5,87,415/. After a detailed and thorough inspection and observation as per existing facts and situation and according to coverage and relevant applicable clauses of the policy, the said surveyor recommended for repudiation of the claim, as the loss was not due to any specific reasons/perils and applicable under the policy. However, for the sake of assessment only, he assess the payable loss to the tune of Rs.1,06,375/-, as per terms and conditions of the policy, vide report dated 10.09.2018. The OPs after scrutinizing the record and the evidence and elaborating the whole facts and situation accepted the independent observation and recommendation made by the surveyor and repudiated the claim, as per the terms and conditions of the policy as byelaws. Insured was duly informed about the fate of its claim vide letter dated 09.11.2018, which was duly received by the insured. The complainant has filed this complaint to put undue pressure on the answering OPs, same may kindly be dismissed with costs. 

4.       Learned counsel for the complainant tendered affidavit of complainant as Annexure C-A along with documents Annexure C-1 to C-8 and closed the evidence on behalf of the complainant. On the other hand, learned counsel for the OPs tendered affidavit of Shri K K Sachdeva, Sr. Divisional Manager and authorized signatory, New India Assurance Company Limited, Divisional Office, Ambala Cantt. and affidavit of Shri Vishal Kumar Aggarwal, Surveyor and loss assessor having its office at # 73, Model Town, Ambala City, District Ambala as Annexure OPA and OPB alongwith documents Annexure OP1 to OP17 and closed the evidence on behalf of OPs.

5.                We have heard the learned counsel for the parties and have also gone through the record very carefully and also gone through the written arguments filed by the learned counsel for the complainant and learned counsel for the OPs.

6.                 A moot question which false for consideration before this Commission is, as to whether the complainant, Smt. Rekha Rani has been able to prove that she was having any insurable interest under the policy in question or not?

7.                From the Standard Fire & Special Perils Policy, Annexure C-1, it is evident that the policy in question was issued in the name of M/s Om Paultary Farm and there is no document on the record that Smt. Rekha Rani is, in any way related to the policy in question. On the other hand, from the perusal of letter dated 14.08.2018, Annexure OP-2, addressed to the OPs, it is evident that one Naresh Kumar has stated that he is maintaining his account with the Punjab National Bank; that the shed of poultry farm has been damaged and his claim may be processed, for which he will be under obligation to provide necessary documents. Thus, from this document, it is not established that complainant Smt. Rekha Rani is having any insurable interest under the policy in question.

8.                Secondly, a bare perusal of claim form dated 15.08.2018, Annexure OP-3, also reveals that claim in respect of the poultry farm in question was filed by Shri Naresh Kumar in the capacity of insured. From this document also, it is not established that the complainant Smt. Rekha Rani is having any insurable interest under the policy in question.

9.                In view of the peculiar facts and circumstances of this case, it is held that because complainant Smt. Rekha Rani has failed to prove that she has any insurable interest under the policy in question or that the OPs were under any obligation to provide any services to her, as such, we are left with no alternative than to dismiss this complaint. Resultantly, the present complaint stands dismissed with no order as to costs. Certified copy of the 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 on: 01.08.2022.

 

 

 

          (Vinod Kumar Sharma)                     (Neena Sandhu)

              Member                                             President