RAJINDER KUMAR Vs. UNITED INDIA INSURANCE CO. LTD

JUDGEMENT

(1.) This revision petition has been filed by the petitioner/complainant against the impugned order dated 31.01.2008 passed by the State Consumer Disputes Redressal Commission, UT, Chandigarh (in short, 'the State Commission') in Appeal No. 33 of 2002 United India Insurance Co. Ltd. Vs. Rajinder Kumar by which, while allowing appeal, order of District Forum allowing complaint was set aside.

(2.) Brief facts of the case are that complainant/petitioner obtained loan of Rs.85,000/- from OP No. 2/Respondent No. 2 on 7.7.2000, and purchased three buffaloes @ Rs.25,000/- each. Complainant got all the three buffaloes insured from the OP No. 1/Respondent No.1. One of the insured buffaloes suddenly fell ill and died on 24.12.2000 at about 3.30 P.M. Post mortem was conducted on 25.12.2000, and intimation was given to OPs on the same day. Claim lodged by the complainant was repudiated by OP. Complainant alleging deficiency on the part of OP No. 1, filed complaint before the District Forum. OP No. 1 resisted claim and submitted that complainant did not give intimation to OP No.1 immediately after the death of buffalo and no opportunity was afforded to the OP to inspect the carcass of the buffalo, which is in violation of Clause 7 of the Insurance Policy. It was further alleged that intimation of death of buffalo was received in OP's office on 9.1.2001, and independent investigator appointed by OP opined in his report dated 17.1.2001 that buffalo, which had died was not insured one and prayed for dismissal of complaint. OP No. 2 admitted grant of loan and further submitted that intimation regarding death received by OP No. 2 was forwarded to OP No.1. Learned District Forum after hearing both the parties, allowed complaint and directed OP No. 1 to pay Rs.25,000/- along with 9% p.a. interest. OP No.1/Respondent No. 1 filed appeal before learned State Commission and learned State Commission vide its impugned order set aside order of District Forum and dismissed complaint against which, this revision petition has been filed.

(3.) Heard learned Counsel for the parties and perused record.