- (1.) THIS appeal, under Section 15 of the Consumer Protection Act, 1986 , is directed against the order dated 27.11.2001 in Complaint No. 124/2000 by District Consumer Disputes Redressal Forum, Ambikapur (hereinafter called the District Forum for short) whereby the appellant insurer was directed to pay the assured amount of Rs. 15,000/ - with interest thereon as also cost of the complaint to the complainant/respondent.
(2.) ACCORDING to the complainant/respondent No. 1 had purchased a buffalo from the respondent Bank and insured the same with the appellant/insurer under policy No. 98/8083 for the period from 19.3.1998 to 18.3.1999. The claim of the insured under the said policy was however, repudiated by the appellant insurer on 25.11.1999, on the ground that the report of death of the buffalo was not given within 24 hours, as stipulated under the policy.
(3.) THE complainant in his complaint averred that when the insured buffalo had died on 24.12.1998, the complainant was not in the village and had gone away to Bihar, therefore, he could not lodge the intimation with the appellant insurer in time. However, his brother -in -law Badre Alam intimated about the death to financier State Bank of India (SBI) which in turn intimated the appellant/insurer. It was also averred that the post mortem of the buffalo was conducted by Dr. S.P. Singh. The complainant averred that his claim was repudiated on technical ground by the respondent/insurer. The complaint was resisted by the appellant insurer. It was mainly averred that the report was lodged belatedly, as a result of which the appellant insurer could not get the investigation made regarding the identity and could not verify the fact of death of buffalo. It was, therefore, averred by the respondent that the claim was rightly repudiated by it.;