First Appeal No. A/11/169. Case: Oriental Insurance Co. Ltd. Vs O.N. Jaiswal. Uttaranchal State Consumer Disputes Redressal Commission

Case NumberFirst Appeal No. A/11/169
JudgesD.K. Tyagi, (Presiding Member) H.J.S. and Veena Sharma, Member
IssueConsumer Law
Judgement DateJuly 01, 2015
CourtUttaranchal State Consumer Disputes Redressal Commission


Veena Sharma, Member

  1. In this appeal The Oriental Insurance Company Ltd.-appellant through its Senior Divisional Manager, Udhamsingh Nagar has challenged the judgment and order dated 19.11.2010 passed by the District Forum, Udhamsingh Nagar in consumer complaint No. 64 of 2008, whereby the District Forum has directed the opposite party-appellant to settle the claim within one month and to pay to the complainant claim amount together with interest @ 6% per annum from the date of filing the consumer complaint till the date of actual payment and Rs. 500/- for mental agony and Rs. 500/- towards cost of litigation. Brief facts in nutshell are that the complainant-Sh. D.N. Jaiswal had purchased a cow and the same was comprehensively insured under Pashudhan Bima Scheme with The Oriental Insurance Company Ltd.-opposite party for the period from 14.05.2007 to 13.05.2008. The said-cow bearing tag No. 13364 policy No. 253803 year 2008/141. The said cow died on 08.09.2007 due to illness, therefore, the complainant has informed the insurance company and Veterinary Doctor, Sadar, State Veterinary Hospital, Rudrapur, Udhamsingh Nagar. The death certificate of the deceased cow was issued by Veterinary Doctor and Panchnama was prepared in the presence of complainant's neighbours and Senior Vice-President, Nagar Palika Parishad, Rudrapur (U.S.N.). The complainant had submitted all the original documents with the opposite party relating to the insurance claim, but the insurance company repudiated the complainant's claim on 08.08.2008, stating that there was no tag on the ear in photograph of deceased cow. The complainant is a law abiding person. The opposite party does not want to pay insured amount, therefore, the complainant is suffering from mental agony and financial loss. The complainant is a consumer of the opposite party, therefore, he is entitled to get claim amount. The cause of action arose on 08.09.2007 on death of complainant's cow and also on 08.08.2008, i.e. date of repudiation of the complainant's claim. The complainant apprised that on 08.09.2007 it was IInd Saturday and the next day was Sunday. Due to this, the complainant could not inform the opposite party timely, rather he informed the Veterinary Doctor, Udhamsingh Nagar in this regard and all the formalities were completed in the presence of Veterinary Doctor. Alleging deficiency on the part of the opposite party, the complainant filed a consumer complaint before the District Forum, Udhamsingh Nagar.

  2. The opposite party-The Oriental Insurance Co. Ltd. has pleaded in its written statement that the present consumer complaint is false, frivolous, misconceived in nature and has been filed with the sole motive of obtaining claim from the insurance company. The complainant has concealed and suppressed material facts with the malafide intention to mislead the District Forum. The complainant had not given any intimation to the insurance company within the stipulated time frame of 24...

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