District Consumer Disputes Redressal Commission ,Faridabad.
Consumer Complaint No.611/2021.
Date of Institution: 30.11.2021.
Date of Order: 15.11.2022.
Jitender son of Shri Daya Kishan, resident of village Bissar, Akbarpur, Tehsil Tauru, District Mewat.
…….Complainant……..
Versus
The Divisional Manager, New India Insurance Company Limited, 5R/2, Badshah Khan Chowk, Faridabad – 121001.
…Opposite party……
Complaint under section-12 of Consumer Protection Act, 1986
Now amended Section 34 of Consumer protection Act 2019.
BEFORE: Amit Arora……………..President
Mukesh Sharma…………Member.
Indira Bhadana………….Member.
PRESENT: Sh. H.C.Sharma alongwith Ms. Jyoti Bhardwaj, counsel for the complainant.
Sh. N.K.Gupta, counsel for opposite party.
ORDER:
Today the case was fixed for consideration on the application for rejection of complaint against the opposite party due to absence of insurable interest stating that as per documents annexed by the complainant, complainant claimed that 325548 as cover note number, whereas at the same time complainant has not produced any such cover note. As per office record of opposite party, the aforesaid is proposer I.D. and aforesaid I.D. 325548, pertains to policy NO. 31270047202700031586 issued in faovur of Mr. Ashok insuring his two cows. Perusal of of aforesaid insurance policy reveals that complainant is not insured with applicant in favour of the complainant, the complainant has no locus standi to file and continue present complaint against the opposite party. It is prayed that the present complaint may kindly ordered to be dismissed against the applicant-opposite party due to absence of insurable interest.
2. This application has been opposed by the complainant stating that it is admitted that cover note of the complainant is 325548 but it is denied that the complainant had not produced any said cover note. However it is submitted that cover note alongwith the post mortem report, discharge report and signature of person who was present at the time of death of buffalo and application for correction of entry in policy alongwith other documents sent by the doctor of
hospital and intimation letter, death certificate HLDB/160012/691967 were sent to opposite party. It is also submitted that the cover note bearing No. 325548 belong to complainant but policy issued by the opposite party is differ. To correct the entry of policy, concerned doctor sent letter alongwith claim form. It is, therefore, prayed that application of applicant may kindly be dismissed.
3. Heard.
4. It is evident from insurance policy No. 31270047202700031586 issued in faovur of Mr. Ashok insuring his two cows. Perusal of aforesaid insurance policy reveals that complainant is not insured with opposite party. Keeping in view of the above submissions, the Commission is of the opinion that the complaint is dismissed due to absence of insurable interest and the application filed by opposite party for rejection of complaint against the opposite party to absence of insurable interest is allowed. Copy of this order be given to the parties concerned free of costs and file be consigned to record room.
Announced on: 15.11.2022 (Amit Arora)
President
District Consumer Disputes
Redressal Commission, Faridabad.
(Mukesh Sharma)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
(Indira Bhadana)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
