State Consumer Disputes Redressal Commission
Baroda Raj. Grameen Bank vs Bhagwan Lal & Ors. on 1 December, 2011
BEFORE THE CONSUMER DISPUTES REDRESSAL COMMISSION, RAJASTHAN, JAIPUR APPEAL NO: 1224/2006 Baroda Rajasthan Grameen Bank, Bramch Dhamana,Teh.Kapasan,Distt. Chittorgarh Vs. 1. Bhagwan Lal s/o Shankarlalji, r/o Dhamana Teh.Kapasan,Distt. Chittorgarh 2.United India Insurance Co. Ltd. Through Br.Manag er, Chittorgarh 1.12.2011 Before: Mr.Justice Ashok Parihar- President Mr.Vinay Kumar Chawla- Member
Mr.Rajesh Mootha counsel for the appellant Mr.Manish Mathur counsel for complainant respondent Mr.Amarnath Pareek counsel for the Insurance Company BY THE STATE COMMISSION The appeal is directed against the order dated 23.12.05 passed by the District Forum, Chittorgarh by which while allowing the claim of the complainant, the appellant has been 2 directed to pay a sum of Rs.26,000/- for death of two buffaloes alongwith Rs.2600/- as compensation and other expenses.
As has come on record the complainant purchased four buffaloes for which loan was obtained from the appellant bank. The buffaloes were also duly insured by respondent no.2 Insurance Company through the appellant bank. During the insurance period three buffaloes died. Postmortem was done and report was also submitted to the appellant bank. Since only two tags were available, both the tags were submitted to the appellant bank alongwith the postmortem report for the insurance claim. The Insurance Company however rejected the claim only on the ground of not supplying the tags of the dead buffaloes.
The District Forum on the basis of evidence and material available on record came to a finding that the postmortem report and the tags of the dead buffaloes were never sent to the Insurance Company by the appellant bank. As such the Insurance Company was absolved of the liability in the present matter. However, since the whole default was committed by the bank in not sending the claim to the Insurance Company in time and further without any tags of the dead buffaloes, the directions have been given to the appellant to make the payment of insurance for the two dead buffaloes.
Since on the basis of evidence and material available on record, the District Forum has used proper discretion and issued just and legal directions, we find on error or illegality in the same so as to call for any further interference in the present appeal. The same is dismissed accordingly as having no merits. The complainant shall now be entitled for receiving the amount 3 deposited by the appellant bank before the District Forum and further compliance of the order of the District Forum be made by the appellant within 30 days. There will be no order as to costs.
Member President nm