Andhra Pradesh

Nellore

CC/46/2016

Shaik Vahida, W/o Late Shaik Shiraj - Complainant(s)

Versus

1. Hero Goodlife program Centre, Rep. by its manager - Opp.Party(s)

G.Srinivasulu

19 Sep 2017

ORDER

 

Date of Filing     :18-04-2016

                                                                             Date of Disposal: 19 -09-2017

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM:NELLORE

Tuesday, this the 19^th day of   SEPTEMBER, 2017

 

          Present: Sri Sk.Mohd.Ismail, M.A., LL.B., President

                         Sri K. Umamaheswara Rao, M.A., B.L., Member

 

C.C.No.46/2016

Shaik Vahida,

W/o.Late Shaik Shiraj,

Muslim, Widow, Aged about 33 years,

Yellasiri Village,

Chittamuru Mandal,

SPSR Nellore District.                                                            ..… Complainant 

                                                             Vs.

 

1.	Hero Good Life Program Centre, Represented by it’s Manager, C/o.Result  Services Private Limited, 8, Balaji Estate, Guru Ravi Dass Marg, Kalkaji, New Delhi-110019.
2.	National Insurance Company Limited, Represented by it’s Manager, LTG Building, 2nd floor, Copercinus Marg, Opposite to Doordarshan Building, New Delhi-110001.
3.	A.M. Reddy Auto Agencies, Represented by it’s Proprietor, 25/II/816, Opposite to Rajarajeswari Temple, Revenue Colony, Dargamitta, Nellore-524004.                                                                   ..…Opposite parties

                                                      .          

          This complaint coming on 13-09-2017 before us for hearing in the presence of Sri G. Srinivasulu, advocate for the complainant and                                    opposite parties 1 and 2 called absent and opposite party No.3 present in person having stood over for consideration till this day and this Forum made the following:

 

ORDER

                       (ORDER BY  Sri.Sk.MOHD.ISMAIL, PRESIDENT)

 

The complainant filed this complaint against the opposite parties 1 to 3 to direct them to pay Rs.1,00,000/- with interest thereon at 12% p.a. from the date of death of Shaik Shiraj i.e., 25-08-2012 till the date of realization,  to award compensation of Rs.50,000/- for causing mental agony  and to  award costs of Rs.5,000/-.  During the  course of enquiry, the opposite party No.2 paid a sum of Rs.1,00,000/- to the complainant.  Hence the claim of  the complainant to direct the opposite parties 1 to 3 for  payment of Rs.1,00,000/- with interest @ 12% p.a. from the date of death i.e., 25-08-2012 is not maintainable.  Hence, the relief of   compensation for  Rs.1,00,000/-  is dismissed. 

2.   The complainant filed this complaint against opposite parties  under Section-12 of Consumer Protection Act, 1986.

 The brief averments of the complaint are as follows: that the complainant submits  that the opposite party  No.3 gave wide publicity about their business of selling Hero Honda vehicles and also stated that if any one purchased Hero Honda vehicle from opposite party No.3,  a Group Personal Accident policy for Rs.1,00,000/- is issued if the purchaser died accidentally.  While so the husband of the complainant Shaik Shiraj purchased one Hero Honda Passion Pro Motor cycle bearing registration No.AP 26 AQ 4501.  The opposite parties  stated that the   life of the said Shaik was covered under Group Personal Accident policy bearing policy No.351804/42/09/82/0000001 for sum assured Rs.1,00,000/- if any  accidental death occurs.   While so the husband of the complainant after attending the marriage he started from  Chaganam village to his village  Yellasiri and reached Naidupeta at about 10.30 p.m.   Later the husband of  complainant  started from Naidupeta and went to his village Yellasiri  and proceeded on his motor cycle.  While on the way when he reached near Gottiprolu  old road and at about 11.30 p.m,  the deceased in a view to skip the opposite  coming  vehicle and turned his motor cycle and accidentally fallen on the road and dragged to a distance of 20 feet.   Due to this the deceased sustained severe head injury and later  he was shifted to Government Hospital, Naidupeta for treatment.  Later  for better treatment while he was shifting to SVIMS,  Tirupati on the  way he succumbed to the injuries sustained in the accident on 25-08-2012.  The said accidental death was registered under F.I.R. No.41/2012 of Chittamuru Police Station.

The complainant further submits that after knowing the Group Personal Accident policy coverage of her husband Shaik Shiraj, the complainant being nominee and  wife submitted application informing the death of her husband in the accident to the opposite party No.3 in the month of September,2012 and as per its advice again submitted letter to the opposite parties 1 and 2 in the month of October, 2012 and requested to pay the insurance amount.  In the month of May, 2013 the complainant submitted all the documents to the opposite parties.  After several approaches and requests, the opposite party No.2 sent a letter                   dated 19-12-2014 requiring certain attested copies of documents.  The complainant immediately sent the same i.e., F.I.R., P.M., Inquest Report, Original Death Certificate, Family Member’s Certificate, Original Policy Copy, Bank details of the complainant, etc., and requested to pay the P.A. claim amount of Rs.1,00,000/- relating to the  said Group Personal Accident insurance policy, in the month of January, 2014.  But surprisingly again the  complainant received letter                   dated 15-12-2014 from opposite party No.1  on 25-12-2014 informing the complainant that they received the  documents and requested some other document i.e., M.L.C. report  and treatment papers  though  the same was already submitted to the opposite parties.  So the complainant again submitted a letter to the opposite parties stating that the said documents were already submitted and requested  to pay the amount.  Inspite of several requests and approaches the opposite parties without paying the insurance amount on some pretext or other as if they are not received  the  treatment papers.  The complainant submits that  she already submitted the said documents several times but the opposite parties did not choose to pay the insurance amount so far and giving evasive replies and dragging the matter and failed to pay the insurance claim amount with delayed tactics.

It is submitted that it is the legal and bounden duty of the opposite parties to pay the P.A. insurance claim amount to the complainant immediately as and when the claim received.  But inspite of several approaches, letters and requests, the opposite parties did not choose to pay the claim amount so far.  The attitude of the opposite parties clearly  goes to show their sheer negligence and deficiency in service.  Due to that the complainant who is a poor woman and widow suffered lot of mental agony, distress, and also financial loss.  Due to that the opposite parties are not only liable to pay the P.A. claim amount with interest from the date of death, till the date of realization besides paying compensation ofRs.50,000/- for mental agony, distress and financial loss caused to the complainant.  Hence the complainant  approached the Forum for redressal of her grievance and hence  the complainant submits to allow the complaint  by awarding damages of Rs.50,000/-  for causing mental agony to the complainant and costs of Rs.5,000/- and submits to allow the complaint with costs.

3.    The opposite parties 1 to 3 failed to appear before the Forum.

4.    On behalf  of  complainant, the chief affidavit  of P.W.1  filed and Exs.A1 to A14 marked.

5.      On behalf of opposite parties 1 to 3 no evidence was adduced and no documents were marked.

6.   Written arguments on behalf of complainant filed.  No written arguments were  filed on behalf of  opposite parties 1 to 3.

7.   Perused the written arguments filed on behalf of complainant.

8.   Arguments on behalf of  the learned counsel for complainant heard.

9.   Now the points for consideration are:

          (1)Whether the complaint filed by the complainant under Section-12 of

               Consumer Protection Act, 1986 against the  opposite parties 1 to 3 is

               maintainable?

          (2) To what relief, the complainant is entitled?

 

         10.   POINT No.1: The learned counsel for the complainant submits by relying upon Exs.A1 to A14  that the husband of the complainant met with an accident  and died on 25-08-2012 while undergoing treatment and after  death of the  deceased, the complainant informed the same to the opposite parties for payment of the personal accident amount and inspite of several reminders, the opposite parties failed to pay the personal accident premium  and after  filing of the  complaint before the District Forum, Nellore, the opposite parties 1 and 2 deposited   the amount in the bank  of the complainant on 24-05-2016 and caused mental agony to the complainant and hence  the complainant filed this complaint against the opposite parties claiming compensation of Rs.50,000/- and the costs of the   complaint and submits to allow the complaint. 

          In view of the arguments submitted by the learned counsel for the complainant  and as seen from the affidavit of P.W.1 and Exs.A1 to A14, the complainant addressed a letter to the opposite parties.  On 09-10-2014 under Ex.A7 requesting  them for payment of the personal accident amount and the opposite party No.1 addressed a letter to the complainant to submit medico legal report and treatment papers and again the complainant addressed a letter to the opposite parties for the payment of the said personal accident amount and again, the opposite party No.1 gave  reply to send medico legal certificate  and treatment papers but as seen from the records, the complainant submitted Exs.A1 copy of First Information Report, Ex.A2 Post Mortem certificate, Ex.A3 Inquest Report, Ex.A4  death certificate and Ex.A5 Final Report for payment of  the personal  accident amount.  There is no necessity for the opposite parties insisting the   complainant to send medico legal report  and treatment  as the diseased died on 25-08-2012 while underwent treatment.  Further as seen from the records and the written arguments filed  on behalf of  the complainant, it shows   that after filing of the complaint, the opposite parties  1 and 2 deposited a sum of Rs.1,00,000/- in the bank account of the complainant on 24-05-2016.  The opposite parties 1 and 2  are bound to pay  the personal accident amount as soon they received Exs.A1 to A5 but the opposite parties 1 and 2 failed to pay the personal accident amount to the complainant for the death of the  husband of the complainant.  Thus the  acts  of the  opposite parties 1 and 2 is amounts to deficiency  of service  and as the opposite parties 1  and 2,  though  they paid a sum of Rs.1,00,000/- to the complainant after filing of the complaint before the District Forum, Nellore  but we are of the opinion that opposite parties 1 and 2 are liable to pay the interest on the  delay payment and the opposite parties 1 and 2 are  also liable to pay  the damages  and costs of the complaint.

In Ginni Filaments Limited Vs. New India Assurance Company Limited in I (1998), CPJ-54, 1996 (2) CPR 102, wherein it is held as follows:

           “Where deficiency of service due to negligence of opposite party is delayed the payment, then  complainant is entitled for interest as compensation.”

          10.      By relying upon the above decision, we are of the opinion that the opposite parties 1 and 2 are liable to pay  interest for the delayed   payment i.e., from 09-10-2014 to23-05-2016 @ 12% p.a.  on Rs.1,00,000/-.  Further, the opposite parties 1 and 2 are directed to pay damages of Rs.10,000/- and costs of Rs.5,000/-  towards the costs of this complaint.

          11.     By relying upon the above decision and discussion made above, we answered this point in favour of the complainant  and against the opposite parties            1 and 2.

          12.    POINT No.2:In view of  our answering on point No.1 in favour of complainant and against  the opposite parties 1 and 2 only, the complaint filed  by the  complainant against   the opposite parties 1 and 2 has to be allowed partly.

                   In the result, the complaint is allowed partly  and the  opposite parties 1 and 2 are directed to pay interest on Rs.1,00,000/- @ 12% p.a. from the date of Ex.A9 i.e., 09-10-2014 to 23-05-2016.

                  The opposite parties 1 and 2 are directed to pay compensation of Rs.10,000/- (Rupees ten thousand only) towards  damages  of the complainant.

                      The opposite parties 1 and 2 are directed to pay a sum of Rs.5,000/- (Rupees five thousand only) towards costs of the complaint.

                     The opposite parties 1 and 2 are directed to comply the award within 30 days on communication of the order.

                   The claim of the complainant for Rs.1,00,000/- is  dismissed as opposite parties 1 and 2 deposited a sum of Rs.1,00,000/-  in the bank account of the complainant on 24-05-2016. 

                    The complaint filed by the complainant against the opposite party No.3 is dismissed without  costs.

                     The opposite parties 1 and 2 are directed to comply the order within 30 days from the date of communication of this order.

                  Dictated to Stenographer, transcribed by her corrected  and pronounced by us in the open  Forum, this the  19^th  day of  SEPTEMBER, 2017.

 

             Sd/-                                                                                                          Sd/-

      MEMBER                                                                                  PRESIDENT

 

                                      APPENDIX OF EVIDENCE

 

Witnesses Examined for the complainant

 

P.W.1  -

21-08-2016

Smt.Shaik Vahida, W/o.Late Shaik Shiraj, SPSR Nellore District  (Affidavit filed).

 

Witnesses Examined for the opposite parties

-Nil-

 

                           EXHIBITS MARKED FOR THE COMPLAINANT

Ex.A1  -	25-08-2012	Photostat copy of First Information Report No.41/2012 in Chittamuru P.S. Nellore District alongwith letter dated 25-08-2012 from Sk. Nagoor Saheb to the Chittamuru Mandal  S.I.
Ex.A2  -	-	Photostat copy of Post – Mortem Certificate issued by Community Health Centre, Vakadu in the name of  Shaik siraj.
Ex.A3  -	-	Photostat copy of Inquest Report  held on 25-08-2012.
Ex.A4  -	04-09-2012	Photostat copy of Death Certificate in  the name of             Sk. Shiraj.
Ex.A5  -	-	Photostat copy of Final Report to the Hon’ble Judl. Magistrate of 1st Class, Kota.
Ex.A6  -	15-10-2014	Letter Ref.No.15102014-9244 addressed to the complainant sent by the opposite party No.1
Ex.A7  -	09-10-2014	Photostat copy of letter to the opposite party No.1 sent by the complainant.
Ex.A8  -	19-12-2014	Letter from opposite party No.2 to the complainant.
Ex.A9  -	11-12-2014	Photostat copy of letter from  complainant to the  opposite party No.1.
Ex.A10  -	10-04-2015	Letter ref.No.10042015-9244 addressed to the complainant by the opposite party No.1.
Ex.A11  -	02-04-2015	Photostat copy of letter from complainant to the  opposite party No.1.
Ex.A12  -	06-07-2015	Letter ref.No.06072015-9244 addressed to the complainant by the opposite party No.1.
Ex.A13  -	14-07-2015	Photostat copy of letter from  complainant to the  opposite party No.1.
Ex.A14  -	06-10-2012	Photostat copy of Savings Bank – Guidelines in favour of  complainant.

 

                         EXHIBITS MARKED FOR THE OPPOSITE PARTIES

-Nil-

                                                                                                                Id/-

                                                                                                     PRESIDENT

Copies to:

 

1.	Sri G. Sriniasulu, Advocate, Nellore.
2.	M/s.Hero Good Life Program Centre, Represented by it’s Manager, C/o.Result  Services Private Limited, 8, Balaji Estate, Guru Ravi Dass Marg, Kalkaji, New Delhi-110019.
3	M/s.National Insurance Company Limited, Represented by it’s Manager, LTG Building, 2nd floor, Copercinus Marg, Opposite to Doordarshan Building, New Delhi-110001.
4	M/s.A.M. Reddy Auto Agencies, Represented by it’s Proprietor, 25/II/816, Opposite to Rajarajeswari Temple, Revenue Colony, Dargamitta, Nellore.-524004.

 

Date when free copy was issued: