HARI RAM Vs. ORIENTAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) THE appeal was directed by the complainant against order dated 4.9.2000 passed by Consumer Disputes Redressal Forum, Panipat (for short hereinafter to be referred as District Consumer Forum) vide which his complaint was dismissed being devoid of force.

(2.) BRIEFLY stated the facts are that Shri Hari Ram, appellant (complainant) is an agriculturist by profession and is having his farm at Village Rana Majra, Tehsil and District Panipat. He entered into an agreement with WIMCO, respondent No. 2 for the supply of poplar saplings for plantation on his farm vide agreement dated 31.12.1998. He was supplied 900 saplings out of which, 550 trees were in existence in September/October, 1994. The appellant got those existing 550 poplar plants insured through respondent No. 2 Wimco Limited for a sum of Rs. 79,750 for the period October 1994 to September 1995 and the insurance money was paid by the respondent No. 2.

(3.) IT was next averred that there was storm and floods in June, 1995 due to which in June, 238 trees fell down and washed away in floods. Thereafter, there was continuous rains and storm and the remaining 312 trees were also uprooted, fell down and washed away in floods during the months of July to September 1995. He informed the respondent No. 2 about the entire loss of the trees, which gave intimation to respondent No. 1. The surveyor was appointed who gave his report. However, the Oriental Insurance Company Limited repudiated the claim.