MURUGESEN Vs. BANK OF BARODA

JUDGEMENT

(1.) This consumer complaint under Sec. 21 (a) (i) of the Consumer Protection Act, 1986 (in short, the Act) is filed alleging deficiency in service and seeking compensation with interest in respect of loss suffered on account of natural calamity under the insurance policy obtained by opposite party on behalf of the complainant.

(2.) The facts of the case, in brief, are that the complainant is an agriculturist owing agricultural land who obtained a loan to establish a poultry farm followed by subsequent loans for extension of the farm and erection of the poultry feed mill. The total loan amount was Rs.3,02,00,000.00. The complainant states that as required by the bank, the insurance premium in respect of the loan was paid directly to the insurance company from the account of the complainant by the opposite party. On account of heavy rain with wind on 6/5/2009, there was extensive damage to the complainants poultry farm which is certified by the local Revenue authorities and the Asstt. Veterinary Surgeon from the Veterinary Hospital Centre, Thathathiripuram. The complainant approached opposite party with an insurance claim of Rs.80,00,000.00. After following up the matter on regular basis till 2014, he came to know from his Account Statement that the insurance premium had not been paid in time by opposite party and the same was paid only on 7/5/2009 i.e. on the date after the incident of the natural calamity. The complainant states that the insurance premium had earlier been paid on 4/12/2007 and the coverage period was till 3/12/2008. The premium fell due on 4/12/2008 which was not done by the opposite party as a result of which he could not claim the loss from the insurance company. On account of default on the part of the opposite party the claim was not settled and the operations of the poultry farm could not be conducted for want of capital. The bank also initiated action under the SARFAESI Act against the complainant which is stated to be arbitrary and unreasonable.

(3.) The complainant submits that had the insurance claim for Rs.80,00,000.00 been available to him, the poultry farm could have been renovated in two months and he would have been able to earn Rs.3.00 lakhs per month. The complainant is before this Commission with the following prayer: