BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM KARNAL.

                                                           Complaint  No.618 of 2011

                                                           Date of Instt. 30.09.2011

                                                           Date of decision: 2.02.2015 

Rajmal son of Sh.Nafe Singh resident of village  Khora Kheri district Kanral.

                                                                     ……..Complainant.

                                                Vs.

United India Insurance company Ltd.Karnal through its Manager.

.

                                                                   …..Opposite Party.

                                      Complaint u/s 12 of the Consumer

                                      Protection Act.

Before      Sh.Subhash Goyal……..President.

                Smt.Shashi Sharma……Member.

.

Present:-  Sh.Sandeep  Chauhan Advocate for the complainant.

                Sh.Parveen Daryal Mittal Advocate for the OP

 ORDER

                  The complainant has filed the present complaint against the OP u/s 12 of the Consumer Protection Act on the grounds that the complainant got his buffalo with ID umber OIC 12236 with the OP vide insurance policy No.112000/47/08/01/00000050 w.e.f. 25.2.2009 to 24.2.2012 for an for Rs.50,000/-  The buffalo of the complainant died due to snake bite on 11.5.2009 and the post mortem of the cattle was conducted by the Veterinary Surgeon.  The complainant gave intimation to the OP and lodged the claim with the OP by submitting all the relevant documents but the claim of the complainant has not been paid which amounts to deficiency in services on the part of the OP. Thus, alleging deficiency in services on the part of the OP, the complainant has filed the  present complaint against the OP and have sought the claim in respect of death of his buffalo and compensation for the harassment caused to them and also litigation expenses.  Complainant Raj Mal has also tendered his affidavit in support of the contents of the complaint alongwith certain other documents which will be discussed at the relevant places.

2.                On notice the OP appeared and filed joint written statement raising the  that the present complaint was not maintainable before this Forum; that the complainant has got no locus standi to file the present complaint; that the complainant was estopped by his own act and conduct from filing the present complaint and that the complainant has suppressed the true and material facts while filing the present complaint.

                   On merits issuance of the insurance policy  in respect of the  buffalo of the complainant has not been denied by the OP. It has been contended that the complainant neither lodged any claim with the Ops nor submitted any documents with the OP, therefore, the question of deciding the claim in respect of buffalo of the complainant  does not arises at all. The other averments made in the complaint have been denied by the Ops in their written statement. Sh.S.S.Vasudeva, Asstt. Manager of the OP has also tendered his affidavit in support of the contentions made in the written statement.

3.                We have heard the learned counsel for the parties and have gone through the case file very carefully.

4.                After going through the evidence on the file and circumstances of the present case, it emerges that the complainant has not produced any evidence on the file to show that the complainant ever informed the Ops regarding the death of  his buffalo  or lodged claim with the OPs.  In such circumstances, it has to be held that in the absence of lodging of any claim no deficiency can be said to have taken place on the part of the OPs and as such no cause of action can be said to have accrued in favour of the complainant and thus the present complaint is pre-mature.

5.                Therefore, in view of the above discussion, we direct the complainant to lodge  the claim with the OPs regarding death of his buffalo  within a period of fifteen days and thereafter the OPs shall settle the claim of the complainant within a period of thirty days.   The present complaint is disposed off accordingly. The parties concerned be communicated of the order accordingly and file be consigned to the record room after due compliance.

Announced

2.02.2014                                                   (Subhash Goyal)

                                                                   President,

District Consumer Disputes  

Redressal Forum, Karnal.

                   (Smt.Shashi Sharma)

                             Member

Present:-  Sh.Sandeep  Chauhan Advocate for the complainant.

                   Sh.Parveen Daryal Mittal Advocate for the OP

                   Arguments heard. Vide our separate order of the even date, the present complaint has been disposed off. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Announced

2.02.2014                                                   (Subhash Goyal)

                                                                   President,

District Consumer Disputes  

Redressal Forum, Karnal.

                   (Smt.Shashi Sharma)

                             Member