Jammu and Kashmir

Jammu

CC/246/2017

PHULLA SINGH - Complainant(s)

Versus

United India Insurance - Opp.Party(s)

SANDEEP SINGH

04 Aug 2018

ORDER

DISTRICT    CONSUMER     DISPUTES   REDRESSAL  FORUM, JAMMU

                (Constituted under J&K Consumer Protection Act,1987)

                                                         

 Case File  No.                  444/DFJ         

 Date of  Institution       04-02-2017

 Date of Decision      :       04-06-2018

 

Sh.Phulla Singh and Sh.Mohan Singh,

Both  are Sons of Karan Singh,

R/O Village Satowali,R.S.Pura,Jammu.

                                                                                                                                                Complainant

                         V/S

United India Insurance Company Ltd.

Situated at DO2 Jammu Naseen Bhawan,

Old Hospital Road,Purani Mandi,Jammu.

                                                                                                                                                Opposite party

CORAM

                  Khalil Choudhary             (Distt.& Sessions Judge)      President

                  Ms.Vijay Angral                                                              Member

                  Mr.Ghulam Sarwar Chauhan                                       Member

 

In the matter of: Complaint under section 10 of J&K Consumer

                              Protection Act 1987.

 

Mr.Sandeep Singh,Advocate for complainant, present.

Mr.Ravinder Sharma,Advocate for OP,present.

    

                                                    ORDER

                       Facts relevant for the disposal of complaint on hand are that the complainants are Dairy Farmer by profession and on,25-03-2016,complainants purchased three animals alongwith a milchy cow vide tag No.0869 from Shakti Singh S/O Madan Singh R/O Satowali R.S.Pura,Jammu(copy of sale and purchase certificate is annexed as Annexure-P1).According to complainants that on,29-03-2016 they had duly insured  their purchased animals alongwith milhi cow with United India Insurance Co.Ltd.vide Cattle Insurance Policy No.1118004715P116479307 for the period 29-03-2016 to 28-03-2017 (copy of policy is annexed as Annexure-P2).Complainants submitted that on,13-08-2016 the said milchy cow was ill and they immediately engaged a Veterinary Doctor,namely,Dr.Anil Dingra of Veterinary Hospital R.S.Pura,Jammu,but unfortunately the said animal was died at 8.00 pm on the same day. Allegation of complainants is that they have applied for indemnity of above said loss to OP and submitted all requisite documents, but the Op instead of indemnifying the loss had issued No Claim Letter to complainants (copy of postmortem report ,no claim letter and veterinary certificate is annexed as Annexures,P3,P4,P5 and P6 ) and this act of OP constitutes deficiency in service, hence the present complaint. In the final analysis, complainants prays for indemnity to the tune of Rs.48,000/-alongwith interest and compensation and litigation charges.

           On the other hand,OP filed written version and resisted the complaint on the ground that no cause of action has accrued to complainant to file the complaint against OP.That the controversy raised by the complainant in the present complaint requires a thorough prove by leading exhausting evidence by both the parties, which is beyond the purview of the scope envisaged in Consumer Protection Act and the law laid down in this regard by Honble Supreme Court of India. It is submitted that OP received a communication forwarded by Manager J&K State Co-operative Agriculture and Rural Development Bank Ltd.Branch R.S.Pura whereby the insured had informed Branch Manager J&K SCARD Bank Ltd.R.S.Pura that his cow bearing Tag No.0869 had died on,13/08/2016 early in the morning, as such, Insurance Company be informed. That on receipt of said communication,OP deputed Sh.A.P.Sangra for the investigation of the case. The investigator immediately visited the spot and took photograph of dead cow having ear Tag No.UII/08679.As per insurance policy the investigator on its enquiry found that as per the insurance policy the cow was insured vide Policy bearing No. 1118004715P116479307 dated 29-03-2016 was a Cross Breed Cow, brown in colour,horns broad and curved, forehead white, switch white & black aged about 5 ½ years approximately bearing ear tag No.UII/0869.However,the cow which was reported had died does not match as per the description and colour in the policy, as well as, sale purchase certificate,therefore,recommended the claim of complainants as NOT GENUINE

        Complainants adduced evidence by way of duly sworn evidence affidavits and affidavit of Rajesh Kumar Jain.Complainants have placed on record copy of Sale Purchase Certificate, copy of policy, copy of policy schedule, copy of communication issued by OP to complainants, copy of post mortem report, copy of live stock claim form and copy of Live Stock Claim.

             On the other hand,OP adduced evidence by way of duly sworn evidence affidavit of Suresh Gupta Divisional Manager, United India Insurance Co.Ltd.OP has placed on record copy of policy, copy of policy schedule, copy of communication issued by complainants to OP,copy of surveyor report, copy of photograph of dead cattle, copy of sale purchase certificate and copy of Live Stock Claim.

                We have perused case file and heard L/Cs appearing for the parties at length.

                To be brief, allegation of complainants is that they got their animals insured with OP, however, one of the milchy cow died on, 13-08-2016, by falling ill. Post mortem was also conducted on said insured cow, vide (Annexure-B),but claim was not settled by OP.

              On the other hand, stand of OP is that the investigator on its enquiry found that as per the insurance policy the cow was insured vide Policy bearing No. 1118004715P116479307 dated 29-03-2016 was a Cross Breed Cow, brown in colour,horns broad and curved, forehead white, switch white & black aged about 5 ½ years approximately bearing ear tag No.UII/0869.However,the cow which was reported had died does not match as per the description and colour in the policy, as well as, sale purchase certificate,therefore,recommended the claim of complainants as NOT GENUINE

                            In so far as, insurance of cow and its death during currency of insurance are concerned, same are not in dispute.

                     OP closed the claim as, No claim on the ground that description of dead cattle does not match with the description of insured cattle and contradictions in the statements of complainant and other persons regarding cause of death of insured cow.

             Positive case set up by the complainant is that insured cow died by falling ill and post mortem was conducted. Report of postmortem is on record. Complainant, as well as,OP has supported its respective versions by duly sworn affidavit, which is corroborative of their respect narrations.

              Keeping in view nature of dispute raised in the complaint, in our opinion, same can be adjudicated on the basis of Surveyor report, which went unchallenged. As per surveyor report identification of the cow as per policy is as under

      IDENTIFICATION OF THE COW AS PER POLICY.

The Cowm,which the insured was having had a Brown in colour,horns broad curved,forehead white switch white & black,age about 5.5 years approximately and she was also having ear tag No.UII/0869.

   The Cow, which the insured was having had a  Brown-Black in colour,polled horns long tail with white & black switch,age about 6.5 years approximately and She was also having ear tag No.UII/0869.

CAUSE OF DEATH:

The said she Cow was quite healthy prior to her illness and then suddenly fell ill and treated by local doctor but did not responded to the treatment then suddenly died on,12.08.2016 around 7.00 PM.Due to acute bloat leading to Death.In presence of the surveyor report referred above, the OP insurance company cannot turn around and assert that dead cattle was not the same as insured with the company

                      Perusal of post mortem report clearly reveals that insured cow died, because of acute bloat leading asphyxia and death. In acute Bloat, there is compressing of abdominal organs especially lung resulting to hypoxia & asphyxia leading to death, which corroborates the allegation of complainant and contradicts ground on which OP closed the claim as, NO Claim.

                  In view of opinion given by doctor, we hold that cause of death of insured cow was because of acute bloat leading to death,therefore,OP had closed the claim as “No Claim”, in violation of its contractual liability to indemnify the loss, which amounts to deficiency in service.

                    After going through the whole case with the evidence on record what reveals here is the case of complainant is genuinely filed with speaking reasons and merit as being consumer as per the purport of section 2(d) of Consumer Protection Act and Ops are the service providers having failed in their statutory duty to provide adequate and effective services. The purport of legislation is well defined and statutorily takes care of consumer rights and cannot legally afford to a situation like the one confronted herewith in a manner where they are deprived of their rights as of consumer. The consumers have to come forth and seek for redressal of his grievance. The case of the complainant is also genuinely filed for seeking determination of his right by this Forum.

                 Therefore, in view of the foregoing reasons the complaint filed by the complainant for redressal of his grievance is allowed and OP is directed to pay to the complainant an amount of Rs.48000/-i.e. sum assured ,alongwith interest @ 7%,per annum, w.e.f.17-02-2017(i.e. two months after report of surveyor),till its payment. The complainant is also entitled to compensation of Rs.5000/-for causing harassment and mental agony and litigation charges of Rs.5000/-.The OP shall comply the order within two months from the date of receipt of this order. Copy of this order be provided to both the parties as per requirement of the Act. On deposit of the amount in this Forum, the same shall be paid to the complainant through payees account cheque.The complaint is accordingly disposed of and file be consigned to records after its due compilation.

Order per President                                   Khalil Choudhary

                                                                (Distt.& Sessions Judge)

Announced                                                   President

04-06-2018                                        District Consumer Forum

Agreed by                                                     Jammu.                                                                                                                                  

                                                                      

Ms.Vijay Angral          

Member                                                                                                                                

 

Mr.Ghulam Sarwar Chauhan

Member