District Consumer Disputes Redressal Commission ,Faridabad.
Consumer Complaint No. 289/2020.
Date of Institution:07.09.2020.
Date of Order:07.04.2023.
Kapoor Chand son of Shri Shiv Singh Saini, R/o village Fatehpur Biloch, Faridabad – 121004.
…….Complainant……..
Versus
The New India Assurance Company Ltd., NH-5/R-2, Badshah Khan Chowk, NIT, Faridabad through its Divisional Manager.
…Opposite party
Complaint under section-12 of Consumer Protection Act, 1986
Now amended Section 34 of Consumer protection Act 2019.
BEFORE: Amit Arora……………..President
Mukesh Sharma…………Member.
Indira Bhadana………….Member.
PRESENT: Sh. Giananender Tyagi , counsel for the complainant.
Sh. Deepak Paliwal, , counsel for opposite party.
ORDER:
The facts in brief of the complaint are that the complainant was the owner of the cow and the said cow was insured with the opposite party vide Challa No. 16004/3014257 colour black & white Nasal HFX and Tail black and 10 ltr. Milk w.e.f 17.12.2019 to 16.12.2020 vide policy/cover note No. 055342 and the complainant had paid the premium of the insurance amount to the opposite party. During the insurance period the said cow had been died on 1.1.2020 and his post mortem report was conducted from Animal Husbandry & Dairying department, Haryana on 2.1.2020. After the death of the cow the complainant submitted all the documents to the opposite party in time for getting the insured amount pertaining to the dead cow but the opposite party time to time linger on the matter one pretext to the another. The complainant requested the opposite party several times to pay the insured amount to the complainant relating to the dead cow, but the opposite party had not made the insured amount to the complainant upto now for which the complainant legally entitled to receive the said amount but the opposite party was with holding the insured amount and had not made the same to the complainant deliberately and intentionally and also harassing mentally as well as physically to the complainant. The complainant sent legal notice dated 24.07.2020 to the opposite party through registered post but all in vain. The aforesaid act of opposite party amounts to deficiency of service and hence the complaint. The complainant has prayed for directions to the opposite party to:
a) pay the insured amount of Rs.65,000/- of the dead cow of the complainant during the insurance period to the complainant..
b) pay Rs. 50,000/- as compensation for causing mental agony and harassment .
c) pay Rs. 11,000 /-as litigation expenses.
2. Opposite party put in appearance through counsel and filed written statement wherein Opposite party refuted claim of the complainant and submitted that the complainant purchased a cattle insurance policy. A bare perusal of the cattle insurance policy it clearly states that the:
Provided always that this policy does not cover (unless expressly agreed to by the company in writing) death directly or indirectly due to or arising out of or resulting from:
1) Malicious or willful injury or neglect, overloading unskillful treatment or use of animal for purpose other than stated in the policy without the consent of the company in writing.
2) Disease contracted prior to commencement of risk and any disease within 15 days from the date of commencement of risk.
3) Intentional slaughter of the animal except in cases where destruction is necessary to terminate incurable suffering on humane consideration on the basis of the certificate issued by the qualified veterinary surgeon or in cases where destruction is resorted to by the order of lawfully constituted authority.
4. a) Transport by air and sea.
b) Transport by the land beyond 25 kilometers from the place of stable.
c) Transit by foot beyond 50 kilometers from the place of stabling. (normally not covered, but can be covered by payment of additional premium).
Just after receipt of the information of the alleged loss the answering opposite party took immediate action and deputed an independent investigator Shri Anil Kumar Jain. The investigator Anil Kumar had thoroughly investigated the matter and submitted his report. After receipt of the report of the investigator and the documents submitted by the complainant it was discovered that the death of animal occurred within 15 days of taking the policy, hence the claim of the complainant was not payable. The complainant thoroughly applied its mind and found that there was no insurable interest with the complainant. The claim was not payable hence the answering opposite party had rightly repudiated the claim and informed accordingly vide letter dated 08.09.2020. Opposite party denied rest of the allegations leveled in the complaint and prayed for dismissal of the complaint.
3. The parties led evidence in support of their respective versions.
4. We have heard learned counsel for the parties and have gone through the record on the file.
5. In this case the complaint was filed by the complainant against opposite party–The New India Assurance Co. Ltd. with the prayer to: a) pay the insured amount of Rs.65,000/- of the dead cow of the complainant during the insurance period to the complainant. b) pay Rs. 50,000/- as compensation for
causing mental agony and harassment . c) pay Rs. 11,000 /-as litigation expenses.
To establish his case the complainant has led in his evidence, Ex.CW1/A – affidavit of Kapoor Chand, Ex.C-1 Proposal and Health certificate, Ex.C-2 – Post mortem report,, Ex.C-3 – to C-6 – photographs.
On the other hand counsel for the opposite party strongly agitated and opposed. As per the evidence of the opposite party Ex.RW1/A – affidavit of Shashi Parkash. ,Senior Divisional Manager, Divisional Office, NH-5/R-2, B.K.howk, Near HDFC Bank, Faridabad, Ex.RW-1/1(colly) - SPA, Ex.RW1/2 (colly) - insurance policy alongwith terms and conditions
6. As per Proposal and Health Certificate vide Ex.C-1, cause of death is gastic like stomach problem and the death of the animal is within 4 days from the issuance of the policy. As per Health certificate, date of issuance of insurance policy is valid from 17.12.2019 to 16.12.2020. On the other hand, counsel for the opposite party argued at length that as per insurance policy vide Ex.RW1/2, the insured period of the insurance policy is valid from 28.12.2019 to 27.12.2020. As per the insurance policy, “disease contracted prior to commencement of risk and any disease within 15 days form the date eof commencemen of risk.” Counsel for the complainant argued that it was the duty of opposite party to verify and mediclaly examined the family before issuing the policy.
7. After going through the evidence led by the parties, the Commission is of the opinion that it is deficiency in service on part of the opposite party because opposite party is duty bound to medically examine the animal before issuing the policy. In the interest of justice, we are of the opinion that the complaint is allowed. Opposite party is directed to pay 50% of the insured value of the Buffaloes because as per the health certificte issued by Veterinary Srugeon, Govt. Veterinary Hospital,Jawan, Faridabad. vide Ex.C1 the date of issuance of policy is 17.12.2019 to 16.12.2020. It is almost 16 days from the issuance of the policy. Opposite party is also directed to pay Rs.2200/- as compensation for causing mental agony & harassment alognwith Rs.2200/- as litigation expenses to the complainant. Compliance of this order be made within 30 days from the date of receipt of copy of this order. File be consigned to the record room.
Announced on:07.04.2023 (Amit Arora)
President
District Consumer Disputes
Redressal Commission, Faridabad.
(Mukesh Sharma)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
(Indira Bhadana)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
