Haryana

Ambala

CC/149/2018

Smt Sangeeta Sharma - Complainant(s)

Versus

UII Co Ltd - Opp.Party(s)

23 Aug 2018

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM:

                                                AMBALA

 

                                                Complaint Case No.      :         149 of 2018.

                                                Date of Institution                   :         15.05.2018.

                                                Date of Decision            :         23.08.2018.

 

Smt.Sangeeta Sharma w/o Sh.Anil Sharma resident of village Chattan P.O.Kakker Majra Tehsil Naraingarh District Ambala.

………….Complainant.

Versus

United India Insurance Company Limited Ist Floor, Anishka Building, Opposite Bus Stand, Nariangarh, District Ambala through its Branch Manager.

…………Opposite Party.

          Complaint Under Section 12 of the Consumer Protection Act.

CORAM:             SH. DINA NATH ARORA, PRESIDENT

                             MS. PUSHPENDER KUMAR, MEMBER.

 

Present: -              Sh. H.S.Baidwan, Adv, counsel for complainant.

                             OP exparte.

ORDER

 

                             Brief facts of the present complaint are that as per scheme of Government of Haryana he had established a diary after taking a loan of Rs.12,50,000/- from SBP, S.A.Jain, College Branch, Ambala City. As per scheme of government an insurance policy bearing No.1101824716P108077109 dated 19.09.2016  purchased by the complainant and an amount of Rs.7875/- were taken for 7 cows for sum insured of Rs.3,50,000/- by the OP.  The cows of the complainant were duly insured by OP and were duly tagged by veterinary surgeon GVH,Sehzadpur. On 07.08.2017 one cow bearing tag No.144353 died at 12.30 P.M.  The tag of dead cow was intact in the ear and duly surrendered by the complainant to the OP as per terms and conditions of the policy but the OP had declined the claim on flimsy grounds on the ground that tag No.144353 does not tally with the records of OP. In the health certificate the description of the cow was duly issued by Veterinary Surgeon GVH Sahzadpur on 19.09.2016 which shows the same description at Column no.3 (HF cross female 4 years, Colony black & white, Horns blunt, Marking White Mark Tag No.144353 etc.). The complainant visited the Op for claim but the OP wrongly and illegally declined the claim.  The act and conduct of the OP clearly amounts to deficiency in service and unfair trade practice on its part. In evidence, the complainant has tendered affidavit Annexure CA and documents Annexure C1 to Annexure C5.

2.                          Notice was sent to the OP through registered post but despite that none had appeared on its behalf, therefore, the OP was proceeded against exparte vide order dated 27.06.2018.

3.                Arguments advanced by learned counsel for the complainant have been heard and the case file has been perused carefully.

4.                In order to prove his version the complainant has tendered his duly sworn affidavit Annexure CA on the case file besides producing documents Annexure C1 (copy of policy) and in the policy description of the cow i.e. colour black and white, Annexure C2 Health Certificate, Annexure C3 Intimation to the insurance company qua death of insured cow, Annexure C4 post mortem report   and Annexure C5 copy of description of animal.  In Annexure C2, Health Certificate the description of the cow with tag No.144353 HF cross Female 4 years apporx. 2^nd B&W, Blunt Below Hock Jt. White mark B/W has been mentioned and   this fact finds support from the post mortem report Annexure C4 issued by Veterinary Surgeon. Annexure C5 also show the same description i.e. HF cross Female,  Black and White, Horn Blunt tail Below Hock Joint but it is not understandable as to why the insurance company has not paid the genuine claim to the complainant. The pleadings and contentions put forth by the complainant remained unrebutted as the opposite party is exparte. So, we have no other option but to believe the version of the complainant. From the contents of the complaint, it is proved that complainant has been harassed by the opposite party The complainant has been able to prove her case by leading cogent and reliable evidence, therefore, present complaint deserves acceptance. Accordingly, we allow the present complaint with cost which is assessed at Rs.3,000/-. The OPs are also directed to pay Rs.50,000/- being sum assured of the cow alongwith interest @ 9% per annum  to the complainant from the date of filing of the complaint till its realization. However, it is made clear that the complainant would be entitled for the said amount on depositing of no objection certificate from the bank from which she had obtained the loan. Copies of this order be sent to the parties concerned, free of costs.  File be consigned to the record room after due compliance. 

Announced on: 23.08.2018    

                                                                                                                   

 

                                      (Pushpender Kumar)      (D.N.Arora)

                                                Member                     President

                                                                   District Consumer Disputes                                                                                 Redressal Forum, Ambala.