- (1.) -the complainant who is running a poultry had insured chicks with the opposite party. About 7728 chicks died between 7.7.1995 to 16.7.1995. Therefore, the complainant made a claim to the opposite party for payment of Rs.2,31,840/ - towards loss incurred by the complainant along with a damage of Rs.50,000/ -.
(2.) THE opposite party contended that the complainant did not adhere to the policy conditions. He did not keep the record pertaining to stock received on day -to -day basis, daily stock register, mortality record, culling vaccination, inoculation, dewerning medication particulars, feed consumption, production record, debeaking and accident of disease as mentioned in the duties of insured in the Poultry Master Policy Certificate. Further, the complainant did not submit within 14 days from the date of death of birds the necessary records. Therefore, it was only in December, 1995, the Surveyor namely a Veterinary Doctor could be deputed by the opposite party who noted number of defects. The complainant could not produce the necessary records even after getting the claim form. Therefore, the claim was rightly repudiated and there is no deficiency in service.
(3.) THE lower Forum accepted the complainant's case and directed the opposite party to pay a sum of Rs.1,33,625/ - with interest @ 12% and a compensation of Rs.5,000/ - for mental agony with a cost of Rs.500/ -. Hence the appeal. The complainant has not come forward with the truth will be evident from the fact that he has chosen to make allegation against the Branch Manager of the opposite party stating that he demanded certain services to be done and the complainant refused to do free of cost those services and hence it has been purposely delayed. The complainant has not chosen to speak to such a case when he issued a notice nor in the proof affidavit filed by him he has chosen to advert to such a case. Therefore, to begin with, we find that the complainant has come to Court with false case.;