SANTOSH RAMCHANDRA INGLE Vs. TUKARAM MAHADU PATIL

JUDGEMENT

(1.) COMPLAINT Case No. 205 of 1998 was preferred by Farookh Husain, complainant claiming Rs. 10,360 with 14% interest thereon from the appellant, who are the National Insurance Company Ltd. , its Regional Manager and its Divisional Manager also.

(2.) THE complainant alleged that an insurance was taken from the appellants for Rs. 50,000 covering the risk of chicks maintained in his poultry farm. According to him the insurance cover was for the period between 12. 5. 1997 and 11. 5. 1998. The illness is said to be virus having killed the chicks on 15. 2. 1998. It transpires from the record that upon notice in the complaint, the appellants put in appearance before the District Consumer Forum but on that very date, i. e. , 13. 11. 1998, the complaint was decided finally without affording any opportunity to the opposite party to contest the case.

(3.) THE plea taken there and in the appeal is that the chicks had died because of "ranikhet" disease which was not covered by the insurance policy. The District Consumer Forum proceeded on the basis that the appellant should have filed the written statement on the day they appeared and, therefore, has passed the decree without affording any further opportunity to the appellants.