SMT. RAVI SUSHA   : PRESIDENT

         Complainant has filed this complaint   U/S 35 of Consumer Protection Act 2019  seeking  to get  an order directing opposite parties to pay Rs..65,000/- towards the value of the cattle and Rs.35,000/- towards cost of the proceedings of the case.

     Brief facts of the case are that the complainant had fostered 3 cows for her livelihood.  Out of three cattle one fell down by slipping on 13/5/2022.  The said cattle was 8 months pregnant.  She immediately informed the matter to the Veterinary doctor of Elayavur.  She was informed that the said doctor has gone for a meeting.  Then she tried to contact the Veterinary doctor at Chelora Hospital.  As per the said doctor’s instruction Dr.Chethan came to her  house and after examining the said cattle informed that the cattle had only deficiency in magnesium  and  injected one bottle glucose and two injections and agreed to arrive next day morning.  On the next day morning Dr.Chethan had given  to the complainant the phone number of one Jishnu.  On contacting over phone, Mr.Jishnu came at her residence and informed that the cattle has deficiency in calcium and given two bottle glucose with a medicine.  On the 2^nd day  ie on 15/5/2022 the cattle had only difficulty to stand.  It had taken  grass and water.  On informing  the doctor  had given an injection.  After 10 minutes the cattle died.  Complainant submitted that the death of cattle was due to lack of getting proper treatment from  the veterinary doctor. Further stated that Mr.Jishnu was a student in Kannur Veterinary College.  It is submitted that the complainant had entrusted the chellan of SBI Chakkarakkal branch to the 1^st OP Dr.Santhi on 17/3/2021 by remitting the premium for  taking policy to the cattle.  But the policy certificate was not given so far by 1^st OP .  On claiming policy benefit she was informed by the Veterinary  doctor that the said benefit could not be given.  On 1/6/2022 she approached the  Veterinary hospital Superintendent, Kannur .  But it was in vain.  Complainant  submitted that due to the deficiency of OPs, she could not get insurance benefit of the insured cattle.  Hence this complaint.

   Notice was duly issued to Opposite parties.  After receiving  notices , OPs though filed memo of appearance, has not filed version and remained absent.  Hence the matter was proceeded exparte against OPs.

   OPs filed Revision petition having No.86/2022 before the Hon’ble State Commission Trivandrum against the exparte order.  After having the Revision petition of OPs was dismissed by Hon’ble State Commission, complainant  has filed  chief affidavit and documents.  She has been examined as PW1 and marked the documents as Exts.A1 to A5.  Ext.A1 is the letter issued by Veterinary Surgeon, Elayavur to complainant dtd.15/11/2021.  Ext.A2 is the letter given by the complainant to the Veterinary  officer.  Ext.A3 series 6 in Nos, the photos of conducting  post mortem of the cattle in dispute.  Ext.A4 is the  Tag No. of the subject cow and Ext.A5 is the empty  bottle of  the medicine.  Complainant was heard.

   On perusal of the documents of complainant, it is seen that complainant has proved her case through Exts.A1 to A5.  Ext.A1 shows that complainant has paid the premium receipt for the insurance and also reveals  that tag was issued to the cow.  Ext.A3 series shows that the post mortem was conducted on the cow.  Ext.A5 is the empty bottle of medicine.  From those documents it is revealed that the deceased cow was insured with the cattle insurance scheme and post mortem was conducted on the  body of the  cattle.  Here OPs should have contest the case  by submitting documentary evidence to discard the allegation and evidence of the complainant.  But OPs remained absent without filing version or evidence. Complainant’s allegation is that instead of giving treatment by the concerned  Veterinary doctor(1^st OP), one Mr.Jishnu, being a student at Veterinary College was sent by another Veterinary Surgeon for providing treatment.  Further alleged  that just after giving  two bottle glucose with medicine contain in Ext.A5 bottle, by Mr.Jishnu, the cattle became dead.  These two allegations of complainant were not challenged by OPs.  Hence we are constrained to believe the allegation and evidence of the complainant.

   After examining  complainant and  other material available on record, the allegation of negligence and deficiency in service against OPs herein providing treatment to the cattle of  complainant has been found proved.  Hence we are of the view that complainant is entitled to get relief.

   In the result complaint is allowed in part.  Opposite parties 1&2 are directed to pay Rs.65,000/- to complainant  as the value of the cow and also directed to pay Rs.5000/- towards cost of the proceedings of the case.  Opposite parties shall comply the  order within one month from the date of receipt of the order.  Failing which the amount carries interest @7% per annum  from the date of order till realization. Complainant is at liberty to file execution application against OPs under Consumer Protection Act 2019 for executing the order.

Exts:

A1-Copy of letter issued by Veterinary Dispensary Elayavoor

A2-Copy of letter sent by PW1 to Officer Kannur District Veterinary

A3series-Phots(6 in Nos.)

A4-Tag No.420045391494

A5-Empty bottle of the medicine

PW1-C.Bhanumathy-complainant 

Sd/                                                             Sd/                                                   Sd/

PRESIDENT                                             MEMBER                                               MEMBER

Ravi Susha                                       Molykutty Mathew                                    Sajeesh K.P

eva           

                                                                        /Forwarded by Order/

                                                                   ASSISTANT REGISTRAR