| Final Order / Judgement | DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BATHINDA CC No.146 of 23-05-2017 Decided on 27-05-2022 Satveer Singh aged about 23 years S/o Lachhman Singh R/o Bangi Deepa, Tehsil Talwandi Sabo Distt. Bathinda. ...Complainant Versus United India Insurance Company, The Mall, Bathinda, through its Divisional Manager. Primary Agriculture Development Bank, (PADB) Bathinda, through its Branch Manager.
...Opposite parties Complaint under Section 12 of the Consumer Protection Act, 1986 QUORUM Sh. Kanwar Sandeep Singh, President Sh. Shivdev Singh, Member Smt. Paramjeet Kaur, Member Present:- For the Complainant: Sh. Amandeep Singh, Advocate. For Opposite parties: Sh. Sunder Gupta, Advocate for Op no.1 Op no. 2 deleted. ORDER Kanwar Sandeep Singh, President:- The present complaint has been filed by the complainant under Section 12 of the Consumer Protection Act, 1986 as amended up-to-date (Here-in-after referred to as an 'Act'). The brief facts of the complaint are that the complainant purchased 20 Cows after availing loan from Opposite party no.2 and the said cows were comprehensively insured with Opposite party no.1. All of sudden 3 Cows duly insured with opposite party no.1 vide tag no.3765, 3768 and 3769 suffered from illness. Cows were got treated from Dr. Parveen Kumar M.O. Civil veterinary hospital Bangi Deepa but could not survive and ultimately died during the currency of insurance policy. Postmortem of Cows were got conducted and intimation was given to Opposite parties vide application dated 06.12.2016. Claim forms were also failed by the complainant claiming Rs.60,000/- for each Cow but Opposite parties neither settled the claim nor given any satisfactory reply rather they are sitting over the claim of the complainant since then so there is deficiency in service on the part of Opposite parties and Opposite parties have indulged in unfair trade practice. On backdrop of these facts complainant prayed for acceptance of complaint and for direction to the Opposite parties to pay Rs.1,80,000/- on account of death of 3 Cows that i.e. price of cows along with interest @ 18% per annum from the date of death of each cow that i.e. 13-10-2016, 11-11-2016 and 21-11-2016 respectively till payment alongwith damages/compensation to the extent of Rs.1,00,000/- on account of mental agony, pains and suffering and further Rs.11,000/- on account of litigation expenses . Name of Opposite party no.2 was deleted from the array of Opposite parties on the statement of counsel for complainant. Notice registered A.D was given to Opposite party no.1 who appeared through counsel and filed written statement taking legal objection that complainant has obtained Micro-Insurance Product Cattle Insurance Policy bearing No.2004054715P111127868 effective from 15.12.2015 to 14.12.2016 through Opposite party no.2 and got insured cow/cattle was given identification/ animals year tag number and complainant conveyed about the death of aforesaid three insured cows/ cattle bearing tag No.3765, 3768 and 3769 on respective dates and investigator was deputed who submitted his report lawful claim of the complainant was settled and complainant was paid Rs.45,000/-, 50,000/-, 50,000/- respectively and amount was directly paid in the account of complainant maintained in Bank of Opposite party no.2 i.e. Primary Co-operative Agri. Developement Bank Ltd. And bank officials of Opposite party no.2 have issued full and final receipts after receipt of aforesaid amount without any coercion of their own free will, and as such present complaint of the complainant is not maintainable. That complainant has concealed true and material facts from this Hon'ble Forum as well as from the Opposite party no.1.Complainant has obtained the loan for purchase of 20 cattles, however he has only purchased 11 cattles which are insured with answering Opposite parties and this way complainant has misappropriated the remaining loan amount. Moreover, complainant defaulter of Opposite party no.2 and has not paid the instalments due, and as such complainant is not entitled to any relief from this Hon'ble Forum. That complainant is estopped from filing the present complaint by his own act and conduct. That the present complaint is false, frivolous and vexatious to knowledge of the complainant, and as such the present complainant is liable to be dismissed with special costs. On merits Opposite party no.1 replied the averments of complaint as per its reply on legal objections and prayed for dismissal of complaint. In support of his complaint, complainant tendered affidavit of Satveer Singh (Ex. C-1), photocopies of documents as (Ex.C2 to Ex.C-13) and the closed the evidence. In order to rebut the evidence of complainant, opposite party no.1 tendered into evidence documents as Ex. OP-1/1 to Ex. OP-1/14, and affidavit of Baldev Singh as Ex.OP-1/15. Opposite party no.1 tendered photocopy of e-mail as Ex.OP-1/16) in additional evidence. We have heard learned counsel for parties and gone through the file carefully. The learned counsel for the parties reiterated their stand as taken in their respective pleadings. Admitted facts of the present case are that complainant got insured his cows bearing tag no.3765, 3768 and 3769 from Opposite party no.1 vide insurance policy (Ex. C-4) and the said cows of complainant died because of illness and complainant filed claim with Opposite party no.1. Opposite party no.1 pleaded that lawful claim of complainant was settled qua insured cows bearing tag no. 3765, 3768, and 3769 and complainant was paid Rs.45,000/-, 50,000/- and Rs. 50,000/- and amount was directly paid in the account of complainant maintained in Bank of Opposite party no.2 i.e. Primary Co-operative Agri. Developement Bank Ltd. And bank officials of Opposite party no.2 have issued full and final receipts after receipt of aforesaid amount wihtout any coercion on their own free will. Perusal of insurance policy (Ex.C-4) reveals value of insured cows is Rs. 60,000/- per cow. Counsel for Opposite party no.1 mainly stressed upon document (Ex.OP-1/16) to prove that Opposite party no.1 made payment to the complainant but perusal of this document only reveals that certain amount was paid in the account of complainant but it does not clarify whether this amount pertains to the claim submitted by complainant qua death of cows bearing tag no.3765, 3768 and 3769. During the course of further arguments counsel for Opposite parties brought on file photocopy of account statement to clarify detail of payment made to complainant to which counsel for complainant conceded. From cumulative perusal of Ex.OP-1/16 and document produced during argument it becomes clear that Opposite party no.1 only paid Rs.45,000/- as claim amount of cow bearing tag no.3769 and Rs.50,000/- of cow bearing tag no.3768 but not the Rs.60,000/- per cow as per insured value of cows vide insurance policy Ex.C-4. Opposite party no.1 failed to bring on file any document to prove payment to complainant qua his claim of cow bearing tag no.3765. In view of what has been discussed above, this commission of the considered opinion that Opposite party no.1 failed to settle the claim of complainant as per insurance policy. Hence, complaint of complainant is partly accept with Rs.10,000/- as cost and compensation. The opposite party is further directed to pay amount of Rs.85,000/- (Rs.15,000/- remaining amount of cow tag no.3769 +Rs.10,000/- of cow tag no.3768 +Rs.60,000/- claim of cow tag no.3765) to the complainant being the claim amount alongwith interest @9% per annum from the date of submission of claims till realization. The compliance of this order be made within 45 days from the date of receipt of copy of this order. The complainant could not be decided within statutory period due to Covid pandemic and heavy pendency of cases. Copy of this order be sent to the parties concerned free of cost and the file be consigned.
Announced : 27-05-2022 (Kanwar Sandeep Singh) President
(Shivdev Singh) Member (Paramjeet Kaur) Member
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