Andhra Pradesh

Nellore

CC/59/2014

M.Narasamma,Wife of late Meesabathina Narayana Rao - Complainant(s)

Versus

1.The Divisional Manager,Life insurance Corporation of India - Opp.Party(s)

V.Chandrashekarreddy

24 Oct 2017

ORDER

Date of Filing     :25-08-2014

                                                                             Date of Disposal:24-10-2017

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM:NELLORE

Tuesday, this the 24^th  day of   OCTOBER, 2017

 

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

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

 

C.C.No.59/2014

 

M. Narasamma,

W/o.Late Meesabathina Narayana Rao,

Hindu, Resident of Vaddipalem,

Buchireddypalem,

S.P.S.R.Nellore District.                                                                 ..… Complainant   

                                                             Vs.

 

1.	The Divisional Manager, Life Insurance Corporation of India, Dargamitta, Nellore-4.
2.	The Manager, Life Insurance Corporation of India, Divisional Office, Kadapa.                                                                               ..…Opposite parties   (2nd opposite party is added as per orders  In I.A.No.129/2015, dated 18-02-2016).

                                                           

          This complaint is coming before us for hearing in the presence of                Sri V. Chandrasekhar Reddy, advocate for the complainant and                                    Sri  D.V.R.Kiran Kumar,  advocate for the opposite parties  and having stood over for consideration till this day and this Forum passed the following:

 

ORDER

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

 

           The complainant  filed this  complaint under Section-12  of  Consumer Protection Act, 1986  to direct the opposite parties  to pay the complainant an amount of Rs.90,000/-  being the balance of accidental death  benefit covered under the policy along with interest at 24percent   p.a. from date of his death on                     07-02-2014 till its payment, to direct the opposite parties Rs.50,000/- to award damages and compensation for causing mental agony, Rs.5,000/- towards costs and submits to allow the complaint with costs.

2.   The brief averments of the complaint  are as follows that:-

The  complainant submits that the husband of the complainant during  his life time who is weaver  bearing membership No.00945 and the husband of the complainant insured his life by paying  a sum of Rs.100/- through the office of the  Assistant Director,  Hand Looms and Textiles, Nellore his name was included in LIC of India,  Pension  and Group Schemes Unit  and the  Group Insurance premium was  paid on 27-12-2013 for  the month of December, 2013 and   during the said policy, the husband of the complainant died on 07-02-2014, basing on the  report, the case was registered as crime No.42/2014 under Section-304 (a) I.P.C. of Nellore Rural Police Station .  The complainant submits that as the complainant is the nominee under  the policy, she is entitled to receive the death benefits including the accidental death benefits.  The complainant submitted the entire  documents and the  opposite party No.1  transferred a sum of Rs.60,000/- on 24-05-2014 in to the  account of the complainant bearing No.34722200089180.  As the  husband  of the  complainant died in road accident, the complainant is entitled for a sum of Rs.1,50,000/- towards the  accidental  benefits and the opposite party No.1 credited only a sum of Rs.60,000/- and the opposite party No.1 is liable to pay a sum of Rs.90,000/- towards  accidental benefit and inspite of issuing  of legal notice as the opposite party failed to pay the balance amount of Rs.90,000/-.  The complainant filed this complaint against  the opposite parties  to direct the opposite parties to pay a sum of Rs.90,000/- with interest  @ 24% p.a. from the date of  his death  till its payment and submits to allow the complaint with costs.

3.     The opposite party No.1 filed  written version with the following  averments that:-  The Group insurance policies are not  serviced by opposite party No.1 office. Hence, the opposite party No.1 is unable to provide any information as the opposite party No.1 did not issue any policy and submits for the dismissal of the complaint against the opposite party No.1 with costs.

4.       The opposite party No.2 filed written version with the following averments that: the opposite party submits that it is true one M. Narayanarao, S/o.M.K. Kumaraiah enrolled  his name in group insurance  scheme (MGBBY).  The opposite party No.2 came to know that  the complainant was demised on              07-02-2014. After receiving  the claim form from nominee by name                         M. Narasamma,  who is the complainant under the policy this opposite party without any delay settled basic sum assured amount of Rs.60,000/- to her bank   account No.34722200089180  on 24-05-2014 lying  with Axis Bank and the same was credited to her account by this opposite party  banker. The above referred payment   was admitted by the complainant in the complaint also.  Subsequent to that this opposite party received  legal notice dated 05-08-2014 by the nominee claiming accident benefit amount of Rs.90,000/-  and further  this opposite party gave reply also to the said notice dated 22-08-2016 calling for requirement i.e., final report, order  of  Mandal Executive Magistrate, Charge Sheet filed against  the accused  relating to deceased death to process the nominee claim.  Those documents were received by this opposite party on 09-09-2014.  Accordingly, the opposite party  No.2 had paid  entire amount to the nominee on 16-09-2014 to the same bank account relating to her and the same was adjusted by the opposite party’s  banker on 17-09-2014.  It clearly show that the opposite party NO.2  validly discharged as per the norms of policy to the  nominee / complainant.   Suppressing the said facts, the complainant got filed the present complaint C.C.No.59/2014 with a little gap initially  against the SDM LIC of India, Nellore and  this proposed  party with a view  to get wrongful gain from the opposite party No.2.   The opposite party No.2 is nothing to do with the present application in view of entire amount paid to the complainant and submits for the dismissal of the complaint with costs.

5.      On behalf of  the complainant, the affidavit of P.W.1  filed   and Exs.A1 to A6 marked.

6.         On behalf of  opposite party No.1, the affidavit of R.W.1 filed  and no documents were marked.

7.        On behalf of the opposite party No.2, the affidavit of R.W.2 filed and Exs.B1 and B2 marked.

8.        Written arguments on behalf of the complainant not filed.  Written arguments  on behalf of  the opposite parties 1 and 2 filed.

9.      Arguments on behalf of the learned counsels for the both parties heard.

10.    Perused the written arguments on behalf of the opposite parties .

11.    Now the points for consideration are:

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

          Consumer Protection Act, 1986 alleging deficiency of service against

          the  opposite parties 1 and 2  is maintainable?

 

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

 

12.  POINT No.1: Originally, the complainant  filed the complaint against the opposite party No.1  for payment of Rs.90,000/- with interest towards the  accidental benefits and during the course of arguments, the learned counsel for the complainant filed memo  that the  opposite party No.2 paid a sum of Rs.90,000/- on 17-09-2014 to the account  of the complainant and hence  the complainant filed this complaint to award interest  @ 12%  on Rs.90,000/-  from 24-05-2014 to               17-09-2014  and to award compensation for causing mental agony.

As seen from the records, the complainant originally filed  the complaint against   the opposite party No.1 and the opposite party No.1 submits that the opposite party No.1 are not being serviced by the  division of opposite party No.1.  After filing of the written version,  a notice was issued to the  opposite party  No.2 and after receiving of the notice, the opposite party No.2 informed to the complainant   to submit police  final report from Mandal Executive Order and Charge Sheet filed against  the  accused  and after receiving of the said  documents, the opposite party No.2  settled the accidental benefit of  Rs.90,000/- on                      16-09-2014 to the complainant Smt.M. Narasamma, Nellore in her Axis Bank account bearing No.34722200089180 and the same was credited on 17-09-2014.

The contents of Ex.B2 reads as follows:

“We have  received legal notice on 05-08-2014 for accident benefit amount Rs.90,000/- and we replied vide our letter dated 22-08-2014 calling for requirements i.e.,

1.   Police Final Report
2.   Mandal Executive Magistrate Order
3.   Charge Sheet filed against accused.

           The same were received  on 09-09-2014.  Accordingly we have settled the  Accident Benefit  Rs.90,000/- on 16-09-2014 under the above policy to the nominee Smt.M. Narasamma A/c.No.34722200089180 and the same was credited by our banker (Axis Bank) on  17-09-2014.  Hence entire amount is paid under the above policy.”

          As seen from the  contents  of Ex.B2, the amount of Rs.90,000/-  was credited to the bank account of the complainant on 17-09-2014 after  the amount was settled the complainant filed in I.A.No.129/2015 under Order –1, rule – 10  C.P.C.  on   07-08-2015.  Though the complainant received  a sum of Rs.90,000/- into her  account on 17-09-2014 itself.  As  the complainant received the claim amount of Rs.90,000/- on 17-09-2014 again the complainant  filed I.A.No.129/2015 under Order – 1, rule – 10  C.P.C.  on 07-08-2015 insptie of  receiving of memo,  the complainant originally did not implead opposite party No.2  at the time of filing  of the complaint and after crediting the  amount ofRs.90,000/-  into the bank account of the  complainant on 17-09-2015  account.  The complainant filed a petition to implead the opposite party No.2 as  a party  in this case. 

          By relying upon the above facts as the opposite party No.2 paid the amount of Rs.90,000/- into the account of  complainant, we are of the opinion that the complaint filed by the complainant against the opposite parties   1 and 2 claiming interest for the  delay payment is not maintainable  as opposite party No.2 credited the entire amount on 17-09-2014 and  as the complainant filed I.A.No.129/2015 under Order – 1, rule – 10  C.P.C. on 07-08-2015 after receiving of the amount  from the opposite party No.2

         By relying upon above facts, we are of the opinion that there is no deficiency of service by the opposite parties against  the complainant and  hence the complaint filed by the complainant against the opposite parties 1 and 2 is not maintainable.  In view of the above said discussion, we answer this point against the  complainant and in favour of the opposite parties 1 and 2.

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

               In the result, the complaint is dismissed but in the circumstances no costs.

          Dictated to Stenographer, transcribed by her corrected  and pronounced by us in the open  Forum, this the  24^th  day of  OCTOBER, 2017.

 

         Sd/-                                                                                           Sd/-

      MEMBER                                                                                PRESIDENT

                                      APPENDIX OF EVIDENCE

 

Witnesses Examined for the complainant

 

P.W.1  -

21-02-2017

Sri M. Narasamma, S/o.Late Meesabathina Narayana Rao, SPSR Nellore District (chief examination filed).

 

Witnesses Examined for the opposite parties

 

R.W.1  -	22-11-2016	Sri S. Raghunath, S/o.S. Sreerama Sarma,  Working as A.O. LIC of India, Residing at Nellore(chief examination filed).
R.W.2  -	22-11-2016	Sri S. Raghunath, S/o.S. Sreerama Sarma,  Working as A.O. LIC of India, Residing at Nellore(chief examination filed).

 

                           EXHIBITS MARKED FOR THE COMPLAINANT

 

Ex.A1  -	-	Photostat copy of  Information issued by the office of the Assistant Director of Handlooms and Textiles, SPSR Nellore District in December, 2013.
Ex.A2  -	07-02-2014	Photostat copy of First Information Report No.42/2014 in Nellore Rural Police Station.
Ex.A3  -	08-02-2014	Photostat copy of Post-Mortem Certificate.
Ex.A4  -	08-02-2014	Photostat copy of Inquest Report.
Ex.A5  -	11-07-2014	Photostat copy of letter from complainant to the  opposite party No.1 alongwith registered post receipt.
Ex.A6  -	05-08-2014	Legal notice from complainant’s advocate to the opposite party No.1 alongwith registered post receipt.

 

                         EXHIBITS MARKED FOR THE OPPOSITE PARTIES

 

Ex.B1  -	-	Photostat copy of Payment / Adjustment Voucher issued by the opposite party and  Fw:NEFT Details-September, 2014 transaction.
Ex.B2  -	05-10-2015	Photostat copy of  letter from LIC  Pension & Group Schemes Unit, Kadapa to the opposite party No.2.

 

                                                                                                          Sd/-

                                                                                                      PRESIDENT

Copies to:

 

1.	Sri V. Chandrasekhar Reddy and Sri Md. Rahimkhan, Advocates, Nellore.
2.	Sri D.V.R. Kiran Kumar, Advocate, D.No.25-9-36, Z.P.Colony, A.K.Nagar, Nellore-524 004.

 

Date when free copy was issued:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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