Before the President; District Consumer Disputes

Redressal Commission, Sonepat

Anand V/s Divisional Manager

& another
-Complainants --Respondents

In the matter of:-

Complaint Under Consumer Protection Act.

Written statement on behalf

of respondents no.1 & 2
R/Sir,

The respondents no.1 and 2 most humbly and

respectfully submit as under:-

Preliminary Objections:-

1. That the present complaint of the

complainant is not legally maintainable in the

present form as the same has not been filed as per

the provisions of C.P. Act.

2. That the complainant has neither any cause

of action nor locus standi to file the present

complaint as the claim of the complainant has already

been settled by the respondents as per the terms and

conditions of the insurance policy and the payment of

the settled amount has been made to the complainant

vide cheque no.10675 dated 06.01.2021 amounting to

Rs.70,000/-

3. That the complainant has not come to the

Hon'ble Forum with clean hands and have suppressed

the true and material facts before this Hon'ble

Forum, hence, the present complaint of the

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complainants is liable to be dismissed on this score

alone.

4. That the Consumer Protection Act provides

for summery proceedings and in such proceedings,

disputes involving contentious issues on points of

facts and seriously disputed questions of law, cannot

be adjudicated upon.

5. That the jurisdiction of the forum can be

invoked, if there is any defect in the services as

envisaged under the provisions of the C.P. Act and

there has been no deficiency in service in the

present case on the part of the respondents.

On Merits:-

1. That the contents of para no.1 of the

complaint as stated are not disputed being matter of

record that the complainant had purchase a insurance

policy no.31270047190400000450 valid from 05.12.2019

to 04.12.2020 for his three buffaloes from the

respondent company.

2. That the contents of para no.2 of the

complaint as stated are not disputed being matter of

record.

3&4. That the contents of para no.3 and 4 of the

complaint as stated are not disputed being matter of

record.
 -3-

5. That in reply to para no.5 of the

complainant it is submitted that the complainant has

been given intimation regarding the death of buffalo

to the respondent. Rest of the contents of this para

as stated are not denied being matter of record.

6. That in reply to the contents of para no.6

of the complaint, it is submitted that the

complainant has sent the claim papers through the

veterinary Surgeon G.V.H. Moi-Majri to the

respondents along with the required documents and

after receipt of the claim papers regarding the death

claim of the buffalo in question, the claim of the

complainant has already been settled by the

respondents as per the terms and conditions of the

insurance policy and the payment of the settled

amount has been made to the complainant vide cheque

no.10675 dated 06.01.2021 amounting to Rs.70,000/-.

However, It is wrong and denied that the claim of the

complainant has been rejected without any sufficient

caused and ground as alleged. Copies of payment

voucher dated 06.01.2021 and claim settlement letter

dated 05.10.2021 are annexed herewith for the kind

perusal of this Hon'ble Court.

7&8. That the contents of para no.7 and 8 of the

complaint as stated are wrong and hence denied. The

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detailed reply has already been given in para no.6 of

the written statement.

9. That the contents of para no.9 of the

complaint as stated are wrong and hence denied. The

detailed reply has already been given in the

foregoing paras of the written statement.

10&11. That the contents of para no.10 and 11

of the complaint as stated are wrong and hence

denied. The legal notice alleged to have been given

by the complainant to the respondents is wrong,

false, frivolous and not tenable in the eye of law,

hence denied toto. Rest of the contents of these

paras as stated are wrong and denied.

12. That the contents of para no.12 of the

complaint as stated are wrong and hence denied. The

respondents have not caused any harassment,

humiliation, mental agony, pains, sufferings and

financial loss to the complainant and there has been

no deficiency in service on the part of the

respondents and thus the complainant is not entitled

to get any amount under any account and interest as

claimed

13. That the contents of para no.13 of the

complaint as stated are denied for want of knowledge.

14&15. That the contents of para no.14 and 15

of the complaint as stated are legal.

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Last Para, which is a prayer clause as

stated is wrong and hence denied. The complainant is

not entitled any of the relief claimed in view of the

facts that the claim of the complainant has already

been settled by the respondents as per the terms and

conditions of the insurance policy and the payment of

the settled amount has been made to the complainant

vide cheque no.10675 dated 06.01.2021 amounting to

Rs.70,000/-, hence it is, prayed that the complaint

of the complainants, which is based on wrong, false

and frivolous grounds may kindly be dismissed with

costs to meet the ends of justice.

Verification Respondent no.1 and 2

Verified that the 1. The New India Assurance

contents of the
company Ltd. through its
above written
statement are true competent authority.
and correct to the
best of our
knowledge and belief Through
and based on
Sh. R.P. Antil, Advocate,
officials record.
Verified at Sonepat Sonepat
On
Before the President; District Consumer Disputes
Redressal Commission, Sonepat

Anand V/s Divisional Manager

& another
-Complainants --Respondents

In the matter of:-

Complaint Under Consumer Protection Act.

Affidavit

I, Santokh Singh, Divisional Manager, The New India

Assurance company Ltd., Divisional Office, Sonepat do

hereby solemnly affirm and declare as under:-

1. That the deponent is well conversant with

the facts of the present complaint and is competent

to file the present affidavit on behalf of the

company.

2. That the complainant had purchase a

insurance policy no.31270047190400000450 valid from

05.12.2019 to 04.12.2020 for his three buffaloes from

the respondent company.

3. That the complainant has been given

intimation regarding the death of buffalo to the

respondent and the complainant has also sent the

claim papers through the veterinary Surgeon G.V.H.

Moi-Majri to the respondents along with the required

documents and after receipt of the claim papers

regarding the death of the buffalo in question, the

claim of the complainant has already been settled by

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the respondents as per the terms and conditions of

the insurance policy and the payment of the settled
amount has been made to the complainant vide cheque
no.10675 dated 06.01.2021 amounting to Rs.70,000/-.
However, It is wrong and denied that the claim of the
complainant has been rejected without any sufficient
caused and ground as alleged.
4. That the legal notice alleged to have been
given by the complainant to the respondents is wrong,
false, frivolous and not tenable in the eye of law,
hence denied toto.
5. That the respondents have not caused any
harassment, humiliation, metal agony, pains,
sufferings and financial to the complainant and there
has been no deficiency in service on the part of the
respondents and thus the complainant is not entitled
to get any amount under any account and interest as
claimed. The other contents which have been given in
the written statement may kindly be read as part and
parcel of this affidavit; hence, the complaint of the
complainant may kindly be dismissed with heavy costs.

Deponent
Verification:-
Verified that the contents of the above
affidavit are true and correct to the best of my
knowledge and belief and based on official record.
Verified at Sonepat on

Deponent