Punjab

Sangrur

CC/5/2018

Sukhwinder Singh - Complainant(s)

Versus

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

Sh.S.S.Ratol

05 Apr 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR.

 

                                                               

                                                Complaint No.    005

                                                Instituted on:      03.01.2018 

                                                Decided on:       05.04.2018

 

Sukhwinder Singh son of Gurbhajaneek Singh R/O Maanwala, Tehsil Dhuri, District Sangrur.

                                                        …Complainant

                                Versus

Oriental Insurance Co. Ltd. through its Branch Manager, Nabha Gate, Sangrur.

                                                        ..Opposite party

 

 

For the complainant    :       Shri S.S.Ratol, Adv.

For OP                      :       Shri Ashish Garg, Adv.

 

 

Quorum:    Sarita Garg, Presiding Member

                Vinod Kumar Gulati, Member

 

 

Order by : Sarita Garg, Presiding Member.

 

1.             Shri Sukhwinder 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 got insured his five cows from the OP through his bank and accordingly the OP put ear tag to all the animals. The insurance policy was valid for the period from 24.8.2015 to 23.8.2018 and the veterinary surgeon of the OP also issued health certificate before insurance of the cows. The complainant had purchased the cows in order to earn his livelihood by way of self employment.  The grievance of the complainant is that the cow bearing chip number 90010800009829 died on 22.3.2016 during the subsistence of the insurance policy and the information of the same was also given to the OP and the post-mortem on the dead body of the cow was conducted by Veterinary Surgeon. Thereafter the complainant submitted all the documents to the OP for settlement of the claim, but the genuine claim of the complainant was not paid by the OP. Further case of the complainant is that chip number 90010800009829 was inserted at the time of insurance, but the OP wrongly mentioned the chip number as 90010800009823 on the policy, as such the claim of the complainant was not paid on the ground that chip number was different than that of the insured one.  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 the insurance claim amount of Rs.50,000/- along with interest and further claimed compensation and litigation expenses.

 

2.             In reply of the complaint filed by the OP, legal objections are taken up on the grounds that the complainant has dragged the OP into unwanted litigation, that complicated questions of law and facts are involved in the present case and that the complaint is not maintainable before this Forum. On merits, it is admitted that the complainant got insured the cows in question with the OP through Punjab National Bank, Dhuri for the period from 24.8.2015 to 23.8.2017 and accordingly chips were inserted in the insured animals and each of the animal was insured for Rs.50,000/- each.  It is stated that the complainant did not lodge any claim with the OP regarding the death of the cow bearing chip number 900108000009823.  Since the complainant has not lodged any claim with the OP, as such, the complainant is not entitled to get any claim from the OP. The other allegations levelled in the complaint have been denied.

 

3.             The learned counsel for the complainant has produced Ex.C-1 to Ex.C-9 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-3 copies of documents and affidavit and closed evidence.

 

4.             We have carefully perused the complaint, version of the opposite parties, evidence produced on the file and also heard the arguments of the learned counsel for the parties. In our opinion, the complaint merits dismissal, for these reasons.

 

5.             It is an admitted fact that the complainant got insured five cows from the OP and the OP accordingly provided five chips bearing numbers 900108000009833, 900108000009823, 900108000009835, 900108000009893 and 900108000009898, as is evident from the copy of cover note, Ex.C-6, animal health certificate Ex.C-7 as well as the insurance policy schedule Ex.OP-1. It is worth mentioning here that since the cow which has died was bearing tag number 900108000009829, which was never insured by the OP under the policy, as is evident from the insurance policy, Ex.OP-1.  In the circumstances, we feel that the complainant never got insured the cow bearing chip number 900108000009829, as from the dead cow the chip found was bearing number 900108000009829.  Further though the learned counsel for the complainant has relied upon the certificate of Dr. Ram Kumar Ex.C-2 dated 23.3.2016 whereby he has mentioned that he had wrongly mentioned chip number 900108000009823 instead of 900108000009829, but we are unable to accept such a contention of the Dr. Ram Kumar, as it is not supported by his sworn affidavit nor this fact was ever brought to the knowledge of the OP before the death of the cow in question. As such, we are of the considered opinion that the dead cow was not insured one with the OP and we further feel that the OP is not liable to pay any claim to the complainant in respect of the dead cow, as the same was not insured one. In the circumstances, we find that there is no deficiency in service on the part of the OP in not paying the insurance claim.

 

6.             In view of our above discussion, we dismiss the complaint of the complainant. However, the parties are left to bear their own costs. A  copy of this order be issued to the parties free of cost. File be consigned to records.

                Pronounced.

                April 5, 2018.

                                                            (Sarita Garg)

                                                         Presiding Member

 

 

 

 

                                                        (Vinod Kumar Gulati)

                                                                   Member