GHANSI Vs. UNITED INDIA INSURANCE COMPANY LTD

JUDGEMENT

(1.) This Revision Petition has been filed under Sec. 58(1)(b) of the Consumer Protection Act, 2019 challenging the Order dtd. 1/10/2021 passed by the learned State Consumer Disputes Redressal Commission, CB, Kota, Rajasthan ("State Commission'). Vide this order the State Commission dismissed Appeal No. 92 of 2019. In turn, this Appeal had been filed against the order of the District Consumer Disputes Redressal Forum, Kota, Rajasthan ("District Forum') dtd. 15/7/2019. Vide this order, the District Forum, dismissed the Complaint filed by the Petitioner.

(2.) Brief facts of the case, as per the Petitioner/Complainant are that the Complainant had got five of his buffaloes insured from the Respondent/ Insurance Company from 27/5/2014 to 26/5/2015 for coving risk of Rs.40,000.00 on the death of each buffalo. The Buffalo with tag No. 23243 died on 13/3/2015 at 3.00 PM and buffalo with tag No. 53203 died on 26/5/2015 at 3.00 PM. The bodies were also examined on 14/3/2015 and 27/5/2015 respectively. The Complainant filed the claim with Respondent/Insurance Company. However, the Respondent/ Insurance Company rejected the claim on the ground that when the surveyor of the Insurance Company wanted to inspect the body of the buffalo the Complainant's son refused the same. Being aggrieved, he filed a Consumer Complaint before the District Forum.

(3.) The Respondent/Insurance Company in its Reply before the learned District Forum submitted that the claim of the Complainant was rightly rejected as per the report of the surveyor stating that it appears that an animal which was not insured had died and that the insured attempted to claim it as the insured animal. Attempts were also made to manipulate the animal's characteristics to match the tag, either by removing part of the animal's ear or by replacing the tag, making it appear unused. Furthermore, the notification of the death of tag number 23243 was delayed, constituting a violation of the policy conditions. He sought to dismiss the Revision Petition with costs.