State Consumer Disputes Redressal Commission
Krishna Pal vs Branch Manager, Punjab National Bank ... on 28 February, 2011
STATE CONSUMER DISPUTES REDRESSAL COMMISSION UTTARAKHAND
DEHRADUN
FIRST APPEAL NO. 185 / 2010
Krishna Pal S/o Sh. Charat Singh
R/o Village Rampur Raigati, Post Bhikampur Jeetpur
Tehsil Laksar, District Haridwar
......Appellant / Complainant
Versus
1. Branch Manager, Punjab National Bank
Branch Niranjanpur, Post Khas
Tehsil Laksar, District Haridwar
2. Branch Manager, The New India Assurance Company Limited
Roorkee, District Haridwar
......Respondents / Opposite Parties
Sh. Sanjay Yadav, Learned Counsel for the Appellant
None for Respondent No. 1
Sh. Ashok Aggarwal, Learned Counsel for Respondent No. 2
Coram: C.C. Pant, Member
Smt. Kusum Lata Sharma, Member
Dated: 28/02/2011
ORDER
(Per: C.C. Pant, Member):
This appeal is directed against the order dated 24.05.2010 passed by the District Forum, Haridwar in consumer complaint No. 282 of 2008, whereby the District Forum has dismissed the consumer complaint.
2. The consumer dispute in this case pertains to repudiation of an insurance claim submitted by the complainant - Sh. Krishna Pal in respect of his buffaloes, which have been lost in the forest. The buffaloes were insured with The New India Assurance Company Limited - opposite party No. 2. The buffaloes were purchased by the complainant by taking a loan from Punjab National Bank - opposite 2 party No. 1. The insurance company repudiated the claim on the ground that the said buffaloes were insured against the risk of death and not for loss due to other reasons. On filing a consumer complaint by the complainant before the District Forum, it was dismissed by the District Forum vide order dated 24.05.2010. Aggrieved by the said order, the complainant has filed this appeal.
3. We have heard the learned counsel for the appellant - complainant and respondent No. 2 - insurance company. None appeared on behalf of respondent No. 1 - Punjab National Bank despite sufficient service. We have also perused the material placed on record in the light of the legal aspects of the case.
4. At the very outset, we would like to say that this appeal is devoid of merit and is liable to be dismissed. The reason being that the policy condition clearly stipulate that the insurance company shall pay or make loss good to the insured if the animal described in the Schedule to the policy and belonging to the insured dies within the geographical area specified in the Schedule from any disease or accident (including fire and / or lightening, flood, cyclone and famine). The complainant's case is that of the missing of buffaloes. As stated in the consumer complaint, he had sent his insured buffaloes, four in number, for grazing in the forest on 23.05.2008 along with a buffalo calf and a buffalo steer. But only one buffalo along with its calf came back to home. He made an extensive search for the remaining three buffaloes and the steer, but could not find out any trace of them. He intimated the opposite parties on 24.05.2008 and the Police Station, Laksar on 25.05.2008 in this regard. According to the learned counsel for the appellant - complainant, the policy covers all sorts of losses in respect of the insured buffaloes whether due to death or for some other reason. We accorded every 3 opportunity to the learned counsel for the complainant to show us as to how the policy conditions permit the insurance company to indemnify the loss in the event of missing of buffaloes, but the learned counsel failed to show us any such condition.
5. For the reasons aforesaid, the appeal is dismissed. No order as to costs.
(SMT. KUSUM LATA SHARMA) (C.C. PANT) K