Haryana

Karnal

CC/677/2021

Ram Kumar - Complainant(s)

Versus

The Senior Manager, The New India Assurance Company Limited - Opp.Party(s)

Bhagwat Prasad Gupta

02 Nov 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KARNAL.

                                                      Complaint No. 677 of 2021

                                                      Date of instt.03.12.2021

                                                      Date of Decision:02.11.2023

 

Ram Kumar son of Shri Bhula Ram, resident of village Panjokhra, tehsil Indri, District Karnal.

                                               …….Complainant.

                                              Versus

 

The Senior Manager, New India Assurance Co. Ltd. Gagan Building, G.T. Road, Karnal.

…..Opposite Party.

       

Complaint Under Section 35 of Consumer Protection Act, 2019.

 

Before   Shri Jaswant Singh……President.

              Shri Vineet Kaushik…….Member

              Dr. Suman Singh……Member

          

Argued by:  Shri Bhagwat Parsad, counsel for the complainant.

                    Shri Pankaj Malhotra, counsel for the OP.

                  

                    (Jaswant Singh, President)

ORDER:                     

          

                The complainant has filed the present complaint Under Section 35 of Consumer Protection Act, 2019 against the opposite party (hereinafter referred to as ‘OP’) on the averments that complainant was the owner of a cow colour brown age 4 years milking capacity-10 litre and the same was insured with the OP for Rs.30,000/- with the OP, vide policy no.31270047180400000130, valid from 30.01.2019 to midnight of 29.01.2020 by paying premium of Rs.447/-. The tag number of the cow was 160029415873. But unfortunately, the cow of the complainant expired on 21.11.2019 and postmortem was conducted by the Veterinary Surgeon, Vaternity Hospital, Indri. The intimation regarding the death of cow has been given to the OP through veterinary surgeon and the surveyor was appointed by the OP and report was submitted by him with the OP. Thereafter, complainant requested the OP so many times to settle the claim of complainant but OP did not pay any heed to the request of complainant. In the third week of August, 2021, complainant checked the certificate of insurance as well as status of his claim regarding the death of his cow and then it revealed to him that the claim was passed on 14.07.2020 but till today, neither any intimation was given to the complainant nor the amount of claim was released. Then complainant sent a legal notice  dated 23.08.2021 to the OP but it also did not yield any result. In this way there is deficiency in service and unfair trade practice on the part of the OP. Hence this complaint.

2.             On notice, OP appeared and filed its written version raising preliminary objections with regard to maintainability. On merits, it is pleaded that OP has already paid Rs.30,000/- on 11.02.2022 to the complainant, thus the claim become infructuous and liable to be dismissed.

3.             Parties then led their respective evidence.

4.             Learned counsel for the complainant has tendered into evidence affidavit of complainant Ex.CW1/A, copy of post mortem report Ex.C1, copy of claim form Ex.C2, copy of pass book of bank Ex.C3, copy of ECS details of insured Ex.C4, copy of aadhar card Ex.C5, copy of PAN card Ex.C5, copy of intimation letter dated 21.11.2019 regarding the death of cow Ex.C7, copy of insurance certificate Ex. C8, copy of status report Ex.C9, copy of legal notice Ex.C10, postal receipt Ex.C11 and closed the evidence on 17.04.2023 by suffering separate statement.

5.             On the other hand, learned counsel for the OP has tendered into evidence insurance certificate Ex.OP1, copy of claim passed document Ex.OP2 and closed the evidence on 10.07.2023 by suffering separate statement.

 6.            We have heard the learned counsel of the parties and perused the case file carefully and have also gone through the evidence led by the parties.

 7.            Learned counsel for complainant, while reiterating the contents of complaint, has vehemently argued that complainant got insured his cow with the OP for Rs.30,000/-. Unfortunately, the cow of the complainant expired on 21.11.2019. Intimation in this regard was sent to OP and on receipt of intimation, OP appointed a surveyor and report was submitted by him with the OP. Complainant requested the OP so many times to settle the claim of complainant but OP did not settle the same. The claim was passed by the OP on 14.07.2020 but he did not pay the same. He further argued that OP has paid the claim amount of Rs.30,000/- to the complainant on receipt of notice of the present complaint and lastly prayed for allowing the complaint qua the interest on the claim amount,  compensation for harassment, mental pain and agony and towards the litigation expenses.

8.             Per contra, learned counsel for the OP, while reiterating the contents of written version, has vehemently argued that OP has already paid the claim amount of Rs.30,000/- on 11.02.2022 to the complainant and nothing is due against the OP and prayed for dismissal of the complaint.

9.             We have duly considered the rival contentions of the parties.

10.           Admittedly, OP has paid the claim amount of Rs.30,000/- on receipt of the notice of the present complaint. The cow of the complainant had expired on 21.11.2019 and intimation was given to the OP. Post mortem of the dead cow was got conducted by the Veterinary Surgeon and he prepared postmortem report Ex.C1 on 21.11.2019. It is not a case of the OP that complainant had not sent any intimation to the OP and OP had not got investigated the matter from his surveyor. OP has transferred the claim amount on 11.02.2022 after more than twenty six months from the date of death of cow. Delay for paying the claim amount has not been explained by the OP. The complainant has alleged that the claim was passed on 14.07.2020, this fact has not been rebutted by the OP. It appears that OP has intentionally and deliberately withheld the claim amount of the complainant so long time, the reason best known to OP. Hence the act of the OP amounts to deficiency in service and unfair trade practice. Hence, complainant is entitled for interest on the claim amount of Rs.30,000/- from 14.07.2020 till its payment alongwith compensation for harassment on account of mental pain and agony and litigation expenses.

11.           Thus, as a sequel to abovesaid discussion, we allow  the present complaint and direct the OP to pay interest on the amount of Rs.30,000/- from the passing of the claim i.e.14.07.2020 till its payment i.e. 11.02.2022. We further direct the OP to pay Rs.25,000/- to the complainant on account of mental agony and harassment and towards the litigation expenses.  This order shall be complied with within 45 days from the receipt of copy of this order. It is made clear, if the awarded amount is not paid by the OP within stipulated period then this amount will carry interest @ 9% per annum from the date of announcement of the order. However, OP at liberty to recover the said awarded amount from the erring official/officer, who has not disbursed the claim amount in the account of complainant in time. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Announced

Dated:02.11.2023

                                                        President,

                                                   District Consumer Disputes

                                                   Redressal Commission, Karnal.

 

                (Vineet Kaushik)        (Dr. Suman Singh)    

                      Member                    Member