BEFORE THE DISTRICT CONSUMER FORUM : WARANGALPresent: Sri D. Chiranjeevi Babu,
President.
Sri N.J. Mohan Rao,
Member
And
Smt. V.J. Praveena,
Member.
Thursday, the 22nd day of May, 2008.
CONSUMER DISPUTE NO. 74/2000
Between:
M/s Ravi Poultry Farm,
Rep. By its Proprietor M.Ravinder, S/o Kanakaiah,
Age: 38 years, H.No.23-6-101,
Opp. Petrol pump, Hunter Road,
Warangal.
… Complainant
AND
The New India Assurance Company Limited,
Rep. By its Branch Manager,
P.B.No.37, R.N.T. Road,
Warangal – 506 002.
… Opposite Party
Counsel for the Complainant : Sri. M. Sadasivudu, Advocate
Counsel for the Opposite Party : Sri K.Krishna Prasad, Advocate.
This complaint coming for final hearing before this Forum, the Forum pronounced the following Order.
ORDER
Sri D. Chiranjeevi Babu, President.
This is a complaint filed by the complainant M/s Ravi Poultry Farm, rep. By its Proprietor M. Ravinder against the Opposite party under section 12 of Consumer Protection Act, 1986 for a direction to pay an amount of Rs.4,27,027/-.
The brief averments contained in the complaint filed by the complainant are as follows:
The complainant is the Proprietor of M/s Ravi Poltry Farm situated at Anantha Sagar, warangal and he is running the poultry business since long time. The complainant purchased 3,979 birds and approached the Opposite party and paid a premium of Rs.17,234/- and obtained policy for 72 weeks and Opposite party issued vide policy No.66289 for which a schedule also issued stating vide policy No.4761090103792. Unfortunately from 14-5-99 to 21-5-99 about 3,256 birds died due to Raniket disease. The opposite party instructed their officials Surveyor to submit their investigation report. The Surveyor submitted a clear investigation report stating all the reasons for death and also number of mortalities. After the death of birds, the complainant submitted claim form along with death certificate issued by Asst.Director to Opposite party. The Opposite party paid Rs.61,328/- only a meager amount to the complainant. The complainant received Rs.62,328/- accepting as part satisfaction with reserving his right to claim additional amount as he is entitled according to the insurance policy of the complainant. Inspite of several efforts made by complainant the opposite party never released the remaining amount. As complainant is entitled for Rs.4,27,027/- As such he filed the present complaint before this Forum.
The Opposite party filed the Written Version contending in brief as follows:
It is true that the complainant obtained a policy and insured the birds with opposite party. According to his Surveyor opposite party paid an amount of Rs.61,328/- towards full and final satisfaction of the complainant. The alleged claim of Rs.4,88,400/- has no basis not in proportionate with alleged damages. Hence, the complaint may be dismissed.
The complainant in support of his claim, filed his Affidavit in the form of chief examination and also marked Exs.A-1 to A-7. On behalf of Opposite party one P. Venu filed his Affidavit in the form of chief examination and also marked Exs.B-1 to B-7.
Now the point for consideration whether the Complainant is entitled for grant of Rs.4,27,027/- along with interest @18% p.a. and to award damages of Rs.68,000/-.
The complainant purchased 3,979 birds and approached the Opposite party and paid a premium of Rs.17,234/- and obtained policy for 72 weeks and Opposite party issued vide policy No.66289 for which a schedule also issued stating vide policy No.4761090103792. Unfortunately from 14-5-99 to 21-5-99 about 3,256 birds died due to Raniket disease. The opposite party instructed their officials Surveyor to submit their investigation report. The Surveyor submitted a clear investigation report stating all the reasons for death and also number of mortalities. After the death of birds, the complainant submitted claim form along with death certificate issued by Asst.Director to Opposite party. The Opposite party paid Rs.61,328/- only a meager amount to the complainant. The complainant received Rs.61,328/- accepting as part satisfaction. The opposite party not paid remaining amount. Then he filed the present complaint.
It is true that the complainant obtained a policy and insured the birds with opposite party. According to his Surveyor opposite party paid an amount of Rs.61,328/- towards full and final satisfaction of the complainant. The alleged claim of Rs.4,88,400/- has no basis not in proportionate with alleged damages. Hence, the complaint may be dismissed.
After gone through the entire record, we are of the opinion that the complainant is entitled to get an amount. Because Ex.A-1 xerox copy of Miscellaneous Accident insurance policy issued by Opposite party. Ex.A-2 xerox copy of certificate issued by Asst.Director of Animal Husbandary, Warangal. It shows the details from 15-5-99 number of birds conducted, age 50th week, and Diagnosis R.D. and 19-5-99 4 birds conducted, age 50th week and diagnosis R.D. Ex.A-3 Death Certificate issued by Veternary Asst.Surgeon, Government Live stock farm, Warangal. Ex.A-4 poultry insurance claim form. Ex.A-5 Investigation Report. It shows that he claimed for the amount for the death of 3,256 birds which died on 50th and 51st week. This report was given by Surveyor. Ex.A-6 is the letter to the opposite party by the complainant, dt.8-5-2000. Ex.A-7 is the Xerox copy of the receipt issued by Opposite party for Rs.61,328/-.
In this case it is clear as per EX.A-1 the complainant has taken Miscellaneous Accident insurance Policy. For the Bovans Layers, Number of birds covered 3979 and the sum insured per bird Rs.150/-. As per death Certificate i.e., Ex.A-3 clearly goes to show that how many birds affected and how many birds died and type of birds broiler/layer/Hatcher. Total number of birds affected 3891, total number of birds died 3256. Type of birds broiler/layer/hatcher is layer. Bread Strain WLH Boven, date when affected 14-5-99, date of death 14-5-99 to 21-5-2000, Age 50 week and 51st and cause of death RD. This certificate was issued by Verternary Assistant Surgeon , Government live stock form, Mamnoor. Ex.A-4 Death Certificate issued by Vertinary Asst.Surgeon, Government Live stock farm, Warangal. So he also given all the particulars in his certificate as per his certificate total number of birds affected 3891 and total number of birds died 3256 and as per the same Ex.A-4 it is clear that birds died due to Ranitec disease. As per the Doctor certificate total 3256 birds died in between 50th week to 51st week and also believing the same we direct the Opposite party to pay the compensation amount. Certainly the Insurance Company is liable to pay the Compensation. Because in this case, we did not find out any irregularity or anything from the complainant side. He already insured the birds with Opposite party and taken policy and after the death of the birds certainly the insurance company has to pay compensation for the death of birds in total 3256. Since we do not find out any irregularity or any violation from the complainant side and it is a fit case to allow.
For the foregoing reasons given by us, we come to conclusion that the insurance Company is liable to pay the Compensation to the death of the birds. Hence, we answer this point accordingly in favour of the complainant with regard to 2nd point to what relief.
Point NO.2:-To what relief:- The first point is decided in favour of the complainant against the Opposite party this point is also decided in favour of the complainant against the Opposite party.
In the result the complaint is allowed and we direct the Opposite party to pay an amount of Rs.4,27,027/- (Rs.Four lakhs twenty seven thousand and twenty seven only) to the complainant along with interest @7.5% p.a. from the date of filing of the complaint till the date of deposit. And also we award Rs.500/- (Rs.Five hundred only) towards costs. We are not awarding any damages to the complainant.
A month’s time is granted to the Opposite party for the compliance of the order.
(Dictated to the Stenographer, transcribed by her corrected and pronounced by us in the open Forum today, the 22nd May, 2008. )
Sd/- Sd/- Sd/-
Member Member President,
District Consumer Forum, Warangal.
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
On behalf of Complainant On behalf of Opposite Party
Deposition of PW-1 – M.Ravinder Affidavit on behalf of O.P. filed.
Deposition of PW-2 – T.Kishan Rao.
EXHIBITS MARKED
On behalf of complainant
- Ex.A-1 Xerox copy of Miscellaneous Accident Insurance policy issued by Opposite party.
- Ex.A-2 Xerox copy of Certificate issued by Asst.Director of Animal Husbandary, Warangal.
- Ex.A-3 Xerox copy of Death Certificate issued by Veternary Asst.Surgeon, Govt.Live Stock Farm, Mamnoor, Dist.Warangal.
- Ex.A-4 Xerox copy of Poultry Insurance Claim Farm submitted by complainant.
- Ex.A-5 Xerox copy of Investigation report dt.3-6-1999.
- Ex.A-6 Letter by Complainant to Opposite party branch dt.8-5-2000.
- Ex.A-7 Xerox copy of receipt for Rs.61,328/- dt.8-5-2000 signed by complainant.
On behalf of Opposite Parties.
1. Ex.B-1 is the acknowledgement signed by Ch.Jaya Kumar, dt.22-4-2000.
2. Ex.B-2 Xerox copy of Eenadu paper cutting dt.24-12-1999.
3. Ex.B-3 Statement of M.Ravinder, Ravi Poultry Farm, Hunter Road, warangal.
4. Ex.B-4 Letter by Ch.Prabhakar Reddy to M.V.Subba Reddy, Hyderabad.
5. Ex.B-5 letter by M.V. Subba Reddy to Opposite party branch warangal along with report.
6. Ex.B-6 Letter by M.V.Subba Reddy, Hyderabad to opposite party dt.14-2-2000
7. Ex.B-7 Policy schedule of Santhoshimatha Poultry Farm, Warangal.
Sd/-
President.
|
