B.C. Kandpal, J. (President) - (1.) THIS is insurer's appeal under Section 15 of the Consumer Protection Act, 1986 against the order dated 17.5.2010 passed by the District Forum, Haridwar in consumer complaint No. 56 of 2009. By the order impugned, the District Forum has allowed the consumer complaint and directed the appellants - opposite party Nos. 1 and 2 to pay sum of Rs. 85,000 to the respondent No. 1 - complainant. Briefly stated, the facts of the case as mentioned in the consumer complaint, are that late Sh. Ismail, the deceased father of the complainant -Sh. Akhtar, was a regular supplier of sugarcane to the opposite party No. 2 - Cooperative Ganna Vikas Samiti Limited and he was issued farmer code No. 25330 and his village code number was 324. The father of the complainant had also supplied the sugarcane to the Samiti during the year 2007 -08. The father of the complainant used to purchase Iffco fertilizer through the Samiti. It was alleged that on 9.5.2008, the father of the complainant purchased 20 bags of Iffco fertilizer through the Samiti for sum of Rs. 5,020. It was also alleged that on 29.5.2008, the father of the complainant died on account of squashing by an elephant. The deceased father of the complainant was granted insurance cover under Sankat Haran Kisan Gramin Bima Yojna of Iffco -Tokio General Insurance Company Limited to the tune of Rs. 1,00,000. The complainant lodged the claim with the Insurance Company, which was repudiated by the Insurance Company on the ground that the risk under the insurance policy had not incepted and, as such, the claim was not payable. Thereafter, alleging deficiency in service on the part of the opposite parties, the complainant filed a consumer complaint before the District Forum, Haridwar.
(2.) THE Insurance Company filed written statement before the District Forum and pleaded that insurance cover @ Rs. 4,000 for each and every purchase of Iffco fertilizer bag by any farmer subject to total maximum capital sum insured of Rs. 1,00,000 was granted under the policy; that as per condition No. A(7) of the policy, the risk under the policy shall incept from the 31st day of purchase of any brand of Iffco fertilizer, as mentioned in the cash receipt or debit memo and shall remain in force for a period of 12 months calculated from the 31st day of issue of cash receipt or debit memo; that the risk in the case in hand commenced from 8.6.2008; that since the insured had died prior to commencement of risk under the policy and hence the claim was not payable and was rightly repudiated and that there is no deficiency in service on their part. The Samiti also filed written statement before the District Forum and pleaded that the deceased father of the complainant was the Member of the Samiti; that the insured used to purchase Iffco fertilizer through the Samiti; that the Insurance Company is liable to pay the insured amount to the complainant under the insurance policy in question and that there is no deficiency in service on their part.
(3.) THE District Forum, on an appreciation of the material on record, allowed the consumer complaint vide impugned order dated 17.5.2010 in the above manner. Aggrieved by the said order, the Insurance Company has filed the present appeal.;