DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BARNALA, CAMP COURT, AT AMRITSAR, PUNJAB.

 

Complaint Case No : RBT/CC/2018/260

Date of Institution   : 06.04.2018/29.11.2021

Date of Decision    : 24.05.2022

Rajwinder Kaur alias Rajwant Kaur wife of S. Sarabjit Singh resident of VPO Naranjanpur, P.O. Khilchain, District Amritsar (Mob. 9878388712).

                …Complainant Versus

Oriental Insurance Company Limited, having its Branch Office at Ist Floor, Shri Dawarka Desh Complex, Queens Road, Cystal Chowk, I.N.A. Colony, Amritsar through Manager/Person Over All Incharge.

              …Opposite Party

Complaint Under Section 11 & 12 of Consumer Protection Act, 1986. As Amended Upto Date.

 

Present: Sh. Munish Kohli Adv counsel for complainant.

Mrs. Neelam Khanna Adv counsel for opposite party.

 

Quorum:-

1. Sh. Ashish Kumar Grover : President

2.Smt. Urmila Kumari : Member 

 

(ORDER BY ASHISH KUMAR GROVER, PRESIDENT):

1. The present complaint has been received by transfer from District Consumer Commission, Amritsar in compliance of the order dated 26.11.2021 of the Hon'ble State Consumer Disputes Dedressal Commission, Punjab, Chandigarh. The complainant has filed the present complaint Under Section 11 & 12 of the Consumer Protection Act, 1986 (as amended upto date) against the Oriental Insurance Company Limited (hereinafter referred as opposite party)

2. Brief facts of the case are that the complainant got insured her buffalos tag No. OIC-11501 and No. OIC-10200 for sum insured value of Rs. 1,20,000/- against premium of Rs. 5,160/- vide insurance Misc. Provisional Cover Note No. 891624 valid for 6.4.2015 to 5.4.2018 issued on 6.4.2015. The complainant had advanced loan against the aforesaid buffalos for a sum of Rs. 1,20,000/- from Punjab National Bank Branch Dhulka, who is a corporate agent/commission agent of the Oriental Insurance Company. 

3. The grievance of the complainant is that during the validity period of impugned insurance, the buffalo bearing tag No. 11501 died on 26.2.2016 due to BABESIOSIS and immediately the complainant informed the opposite party as well as the concerned bank in this regard. On this the opposite party appointed surveyor and the required documents were supplied to the surveyor of the opposite party. It is further alleged that the postmortem of the said deceased buffalo was got conducted by Veterinary Officer namely Dr. Sandeep Singh P.A.H.S Wadala Kalan, Amritsar on 26.2.2016 and the cause of death of buffalo was found BABESIOSIS. The complainant supplied the requisite documents to the opposite party as desired by them and requested to settle the claim, but of no use. The complainant served a legal notice dated 29.11.2017 to the opposite party but they failed to file any reply. Hence, the present complaint is filed for seeking the following reliefs.- 

i) To pay a sum of Rs. 60,000/- insured amount alongwith interest @ 12% per annum

ii) To pay Rs. 20,000/-  as compensation and Rs. 10,000/- as litigation expenses.   

4. Upon notice of this complaint, the opposite party appeared and filed written statement taking preliminary objections interalia on the grounds of maintainability, jurisdiction, and alleged there is no deficiency in service on its part. 

5. On merits, it is submitted that the buffalo was insured bearing No. OIC-10200  and the cattle which has died and the postmortem report is contradictory with the insured buffalo. The buffalo which was insured had not died whereas as per the postmortem report the cattle is different from the one which is insured with the tag No. 11501. It is denied that the required documents were supplied to the surveyor. The question of the confirmation regarding the application of the tag is also in dispute and this fact can only be verified by leading evidence in the Civil Court. It is also denied that any notice has been received by the opposite party. All other allegations are denied being incorrect and prayed for the dismissal of present complaint. 

6. In order to prove the case the complainant tendered into evidence her own affidavit Ex.CW1/A, copy of claim form Ex.C-1, copy of postmortem Ex.C-2, copy of health certificate Ex.C-3, copy of statement Ex.C-4, C-5, C-6, copy of application Ex.C-7, copy of legal notice Ex.C-8, C-9, copy of postal receipts Ex.C-10 & Ex.C-11 and closed the evidence. 

7. To rebut the case of complainant the opposite party tendered into evidence affidavit of Naresh Singla, DM Ex.O.P1, copy of policy schedule Ex.O.P2, copy of policy Ex.O.P3, copy of postmortem report Ex.O.P4, copy of cover note Ex.O.P5 and closed the evidence. 

8. We have heard the Ld. Counsel for the parties and have gone through the documents placed on record by both the parties. 

9. In order to prove her case the complainant has placed on record her detailed affidavit Ex.CW1/A. Further, the complainant has placed on record the copy of health certificate of above said buffalo Ex.C-3 issued by the Veterinary Officer, Kaleke, Amritsar, wherein it is mentioned that the above described animal is sound/healthy and is fit for Dairy/Draft purpose. Further, the complainant in support of her complaint has tendered into evidence Ex.C-2, copy of postmortem report of Veterinary Officer, who conducted the postmortem of buffalo bearing Tag No. 11501 and gave his opinion that the said buffalo had died due to “BABESIOSIS”. 

10. On the other hand, the opposite party in order to rebut the case of complainant has tendered into evidence affidavit of Naresh Singla Divisional Manager Ex.O.P1, which is word to word repetition of the written version filed by the opposite parties. Further, copy of policy schedule Livestock (Cattle) Insurance  Ex.O.P2, wherein the name of complainant Rajwant Kaur is mentioned and it is also mentioned that the above said buffalo was insured for Rs. 60,000/-. The opposite party further placed on record copy of postmortem report Ex.O.P4, in which the tag number of deceased buffalo is mentioned as '11501'. We have gone through the insurance policy schedule Ex.O.P2, which shows that the buffalo of complainant was insured for Rs. 60,000/- and the policy was valid from 6.4.2015 to 5.4.2018. It is not in dispute that the buffalo of the complainant died on 26.2.2016 and the same is proved by the postmortem report of Veterinary Officer Ex.C-2 & O.P-4. We have minutely gone through the evidence tendered by both the parties and are of the view that the opposite party has failed to rebut the case of the complainant.

11. In view of the above discussion there is a merit in the present complaint, therefore, the same is partly allowed. Accordingly, the complainant is entitled to the insurance amount of Rs. 60,000/- alongwith interest @ 7% per annum from the date of filing the present complaint. The opposite party is also directed to pay Rs. 5,000/- as  compensation on account of mental tension and Rs. 5,000/- on account of litigation expenses to the complainant. Compliance of the order be made within the period of 45 days from the date of the receipt of the copy of this order. Copy of the order will be supplied to the parties free of costs by the District Consumer Commission, Amritsar as per rules. File be sent back to District Consumer Commission, Amritsar. 

ANNOUNCED IN THE OPEN COMMISSION:

       24th Day of May, 2022 

 

            (Ashish Kumar Grover)

            President             

 

(Urmila Kumari)

Member