Punjab

Sangrur

CC/303/2018

Sapandeep Singh - Complainant(s)

Versus

The Oriental Insurance Company Limited - Opp.Party(s)

Amit K.Bhalla

29 Apr 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR

                            

 

                                                                        Complaint No. 303

Instituted on:  18.07.2018

                                                                        Decided on:    29.04.2019

 

Sapandeep Singh son of Balwant Singh, resident of village Badrukhan, Tehsil & District Sangrur.

 

                                                        …. Complainant.       

                                         Versus

 

The Oriental Insurance Company Limited, Nabha Gate, Sangrur through its Branch Manager.

             ….Opposite party

 

 

FOR THE COMPLAINANT:      Shri Amit Bhalla, Advocate                          

 

FOR OPP. PARTY              :      Shri Ashish Grover, Advocate.      

 

Quorum

         

                   Vinod Kumar Gulati, Presiding Member

                    Manisha, Member

ORDER:   

 

Vinod Kumar Gulati, Presiding Member

 

1.             Shri Sapandeep Singh, complainant (referred to as complainant in short) has preferred the present complaint against the opposite party (referred to as OP in short) on the ground that the complainant is a consumer of the OP getting insured his four cows from the OP vide cover note number 836736 for the period from 24.5.2017 to 23.5.2018 for Rs.50,000/- each. It is further averred that at the time of insurance, all the cows were tagged vide token number 000771935F, 000771DVD6, 000771B721 and 0007719894 and authorized doctor of the OP also issued health certificate dated 23.5.2017.

 

2.             Further case of the complainant is that during the subsistence of the insurance policy, unfortunately one cow of the complainant having token number 00077719894 died and intimation regarding the same was immediately given by the complainant to the OP and also on the instructions of the OP got conducted the postmortem of the dead cow from Veterinary Hospital Badrukhan.  Thereafter the complainant submitted all the documents to the OP for settlement of the claim, but, the grievance of the complainant is that the OP has repudiated the genuine claim vide letter dated 13.3.2018 on false grounds. Thus, alleging deficiency in service on the part of the OP, the complainant has prayed that the OP be directed to pay to the complainant an amount of Rs.50,000/-  along with interest @ 18% per annum from the date of death of the cow i.e. 24.11.2017 till realization and further complainant has claimed compensation and litigation expenses.

 

3.             In reply filed by the OP, legal objections are taken up on the grounds that the complainant has concealed material facts from this Forum and that the complainant has not come to the Forum with clean hands, that the complainant has no cause of action to file the present complaint and that the complaint is not maintainable.  On merits, it is admitted that the complainant got insured his cows in question. It is also admitted that after receipt of the intimation, the OP appointed investigator to investigate the matter. It is stated further that the OP wrote so many letters to the complainant to submit the relevant documents, but he failed to submit the same, as such, the claim was declared as ‘No claim’. The other allegations levelled in the complaint have been denied in toto.

 

4.             The learned counsel for the complainant has produced Ex.C-1 to Ex.C-6 copies of the documents and affidavit and closed evidence. On the other hand, the learned counsel for OP has produced Ex.OP-1 to Ex.OP-5 copies of documents and affidavit and closed evidence.

 

5.             We have given a thoughtful consideration to the rival contentions of the learned counsel for the parties. None of the parties have submitted the written arguments.

6.             It is admitted fact between the parties that the complainant took insurance cover for four number animals from the OP and the OP issued tokens to the complainant and issued the cover note valid for the period from 24.5.2017 to 23.5.2018.  The insured value of each animal was Rs.50,000/-.  One cow  bearing token number 0007719894 died on 24.11.2017.  The postmortem of the cow was conducted in the Civil Veterinary Hospital Badrukhan on 24.11.2017 and the complainant had stated that he submitted all the relevant documents and token with the Op for the settlement of the claim. The Op repudiated the claim of the complainant on the ground of non submission of some documents despite letters dated 12.2.2018 and 22.2.2018.

 

7.             We have gone through the letter of the OP dated 12.2.2018 and 22.2.2018 and the information demanded by the OP vide above letters is not relevant for the settlement of the claim of the deceased animal and the OP has repudiated the claim of the complainant on the false pretext which is neither legal nor sustainable by law.  As such, we find that the complainant is entitled to the insurance claim to the tune of Rs.50,000/- on account of the insured cow. Besides this, the complainant is also entitled to compensation to the tune of Rs.5000/- and litigation expenses to the tune of Rs.2000/-.  Compliance of this order be made within a period of  60 days on the receipt of the copy of the order, failing which, the complainant shall be entitled to receive the awarded amount along with the interest @ 9% p.a. from the date of filing of the complaint i.e. 18.7.2018 till full realization. Copies of the order be sent to the parties free of cost. File be indexed and consigned to records.

                        Pronounced.

                        April 29, 2019.                                          

                                                          (Vinod Kumar Gulati)

                                                             Presiding Member

 

 

                                                                (Manisha)

                                                                  Member