Uttar Pradesh

Aligarh

CC/3/2015

HUKAM SINGH - Complainant(s)

Versus

DM OIC - Opp.Party(s)

13 Apr 2023

ORDER

न्यायालय जिला उपभोक्ता विवाद प्रतितोष आयोग अलीगढ

Complaint Case No. CC/3/2015 ( Date of Filing : 21 Jan 2015 )   1. HUKAM SINGH S/O SRI TOTARAM R/O GRAM BHALAWATI BLOCK DHANIPUR TEH KOIL ALIGARH ...........Complainant(s) Versus 1. DM OIC CENTRE POINT SAMAD ROAD ALIGARH 2. MANAGER UP SAHKARI GRAM VIKAS BANK BRANCH ALIGARH ALIGARH ............Opp.Party(s)

BEFORE:     HON'BLE MR. HASNAIN QURESHI PRESIDENT   HON'BLE MR. ALOK UPADHYAYA MEMBER

PRESENT:

Dated : 13 Apr 2023

Final Order / Judgement The present complaint has been filed by the complainant before this commission for  the following reliefs- The Op be directed to pay the assured sum Rs.50000/ against insured buffalo with interest 15% till the payment is made. The Op be directed to pay cost of the case Rs. 5000/. The Complainant has stated that he had purchased a buffalo for Rs. 50000/ after taking a loan from op no.2 and was insured with op no1vide policy no. 252800/47/2014/625 which was in force from 18.7.2013 to17.7.2016. Complainant has also stated that his buffalo suddenly died at about 5PM on 8.3.2014 and postmortem was conducted by the medical officer Panethi District Aligarh at 7 AM on 9.3.2014 bearing ear tag no76879. The complainant informed the death of the buffalo to insurance company on 10.3.2014 and Pashu Chikitsa Adhikari on 9.3.2014. Complainant has submitted all the papers viz ear tag, postmortem report to the insurance company and accordingly insurance company had conducted the survey. The OP insurance company has not paid the assured sum inspite of the completion of all formalities. The complainant visited number of times to the office of Op no.1 regarding the assured sum but in vain. Hence complaint filed.       Op no.1 stated in WS that the cattle was insured subject to the terms and conditions of the policy and burden lies upon the complainant to prove the facts by cogent evidence. As per record the information of death of buffalo was received on 21.3.2014 while as per policy condition information of deceased cattle was to be given within 24 hours. It is a breach of policy condition. The claim is time barred. There is no deficiency in service on the part of company and  complaint needs to  be dismissed. Op no.2 stated in WS that the amount of Rs.50000/ was advanced to the complainant out of which only Rs. 5000/ was paid by the complainant after death of the buffalo. Claim was forwarded to op no1 for payment.  Complainant has filed his affidavit and papers in support of his pleadings. Ops have also filed affidavits in support of their  pleadings. We have perused the material available on record and heard the parties counsel. The first question of consideration before us is whether the complainant committed breach of policy condition as alleged? If so, its effects. In the present case, the buffalo was insured with the op no.1 and the claim papers on the death of buffalo were forwarded by the bank that provided loan to the complainant. As the claim papers were forwarded by the bank to the insured company, there appears no reason to raise doubt  on the genuineness of the claim and any delay in such a case is not material to defeat the claim. OP no.1 cannot deny to settle the claim on the alleged ground of breach of condition of the policy. Accordingly complainant is entitled for the assured sum Rs.50000/ with pendente lite and future interest at rate 10%.  The question formulated above is decided in favour of the complainant.  Keeping in view the facts and circumstances of the case we hereby direct to Op no.1 to pay assured sum Rs.50000/ with pendente lite and future interest at rate 10% and Rs.5000/ as litigation expenses. Op no.2 shall have the first charge on the amount of assured sum Rs. 50000/ to satisfy the amount of loan advanced to the complainant.  Op shall comply with the direction within a month failing which OPs shall be prosecuted for non-compliance in accordance with section 72 of the Act for awarding punishment against him.   A copy of this judgment be provided to all the parties as per rule as mandated by Consumer Protection Act, 2019. The judgment be uploaded as per rule on the website of the commission for the perusal of the parties. File be consigned to record room along with a copy of this judgment.

[HON'BLE MR. HASNAIN QURESHI] PRESIDENT     [HON'BLE MR. ALOK UPADHYAYA] MEMBER