Before the District Consumer Disputes Redressal Commission, Rohtak.
Complaint No. : 392
Instituted on : 14.08.2019
Decided on : 03.06.2024
Sandeep Gandhi age 31 years, son of Ashok Kumar Gandhi, resident of ward no.6, Meham District Rohtak.
……….………….Complainant.
Vs.
- The New India Assurance Company Ltd. Head Office 87, MG Road, Fort, Mumbai, - 400001 Through its Manager.
- The New India Assurance Company Ltd. NH-5/R-2, Badshah Khan Chowk, Faribabad, through its Divisional Manager.
- The New India Assurance Company Ltd., Delhi Road, Model Town, Rohtak, through its Divisional Manager.
...........……Respondents/opposite parties.
COMPLAINT UNDER CONSUMER PROTECTION ACT.
BEFORE: SH.NAGENDER SINGH KADIAN, PRESIDENT.
DR. TRIPTI PANNU, MEMBER.
DR. VIJENDER SINGH, MEMBER
Present: Sh.Prinkal Khurana, Advocate for the complainant.
Sh.D.S.Chauhan Advocate for the opposite parties.
ORDER
NAGENDER SINGH KADIAN, PRESIDENT:
1. Brief facts of the case as per the complainant are that he is owner of Buffalo which was got insured at Veterinary Hospital Meham, District Rohtak by the opposite party vide TAG No.160044/293042 for the sum insured Rs.88000/- vide policy no.84969 valid for the period 12.03.2019 to 11.03.2020. The aforesaid buffalo was died on 04.05.2019 and post mortem was conducted by the Vety. Surgeon, Meham. The complainant intimated about the death of said buffalo in the office of opposite parties and submitted his claim on dated 11.05.2019 alongwith all the required documents. The official of the opposite parties assured the complainant that the claim amount shall be credited in the account number of complainant but till date the opposite party has not disbursed the claim amount of the complainant. The act and conduct of the opposite party is illegal and amounts to deficiency in service. Hence this complaint and it is prayed that opposite parties may kindly be directed to pay the claim amount of insured buffalo Rs.88000/- alongwith interest @ 18% p.a. from the date of death of buffalo till its realisation and also to pay a sum of Rs.11000/- as litigation expenses to the complainant.
2. After registration of complaint, notices were issued to the respondents/opposite parties. Opposite parties in their reply has submitted that it is wrong that the dead buffalo was insured by policy no.84969 for the period 12.03.2019 to 11.03.2020 for sum insured Rs.88000/-. The alleged buffalo was not insured with the respondents and the complainant has not produced any insurance policy issued by the respondents in this regard insptie of demanding the same in the Court. So the complaint is false and liable to be dismissed. Complainant has not submitted his claim on dated 11.05.2019 alongwith the required documents as alleged and even no proof in this regard was supplied to the counsel of the respondents even on demanding the same in the Court. The alleged dead buffalo was not insured with the respondents. There is no deficiency in service on the part of respondents and dismissal of complaint has been sought.
3. Ld. Counsel for the complainant failed to file any evidence despite availing sufficient opportunities and as such evidence of complainant was closed by the order dated 02.08.2023 of this Commission. On the other hand, ld. counsel for the opposite parties has tendered affidavit Ex.RW1/A, document Ex.R1 and closed his evidence on dated 27.05.2024.
4. We have heard learned counsel for the parties and have gone through the material aspects of the case very carefully.
5. The present complaint has been filed by the complainant on the ground that the buffalo of the complainant was insured with the opposite party for the sum assured vide policy no.84969 and the same was died on 04.05.2019 i.e. within the insurance period. But the claim of the complainant has not been paid by the opposite party despite his repeated requests. On the other hand opposite party has contended that the alleged buffalo was not insured with the respondents and the complainant has not produced any insurance policy issued by the respondents in this regard and has not submitted his claim on dated 11.05.2019 alongwith the required documents. However, as per aaffidavit Ex.RW1/A filed by the opposite parties, the New India Assurance Company Ltd. had paid Rs.88000/- to the complainant vide voucher dated 21.03.2020 as full and final settlement of the case and has placed on record payment voucher Ex.R1. As per complainant the dead buffalo was insured vide policy No.84969. In the written statement this fact has been denied by the insurance company and further submitted that the policy has not been supplied by the complainant to the respondent even after demanding the same in the Court. We have minutely perused the document Ex.R1 and perusal of this document itself shows that there is a strength in the contention of the respondent because the policy number upon this document has been mentioned as 31270047190400000132. So as per our opinion the complainant has also wrongly mentioned the policy number in the complaint. As the amount of claim has already been paid by the opposite party in the year 2020 i.e. just after few months of filing the present complaint. Hence there is no deficiency in service on the part of opposite party. As such present complaint stands dismissed with no order as to costs.
6. Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.
Announced in open court:
03.06.2024.
........................................................
Nagender Singh Kadian, President
..........................................
Tripti Pannu, Member.
……………………………….
Vijender Singh, Member
