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C.C. No. 51 of 2009th May 20092 insurance schemes provided by the government with woman members of Self Help Group of Andhra Pradesh. The scheme was started for elimination of rural poverty. The Self Help Groups were under the control of Village organization which was under the control of Zilla Samakhya of the District. As per guidelines issued by the C.E.O., SERP Hyderabad relating to Group Insurance Scheme Zilla Samakhya and Village Organizations of Self Help Group women had to take responsibility to enroll all the SHG women into the scheme and the Zilla Samakhya was implementing agency of the scheme in Coordination with L.I.C and United India Insurance Company. Therefore, the respondents were not concerned in implementing the scheme as alleged. The Zilla Samakhya and Village Organization were necessary parties. Therefore, there were no merits and there was no cause of action and hence, the complaint may be dismissed with costs. 4. On the basis of the above pleadings the following points are settled for determination. i. Whether there is any negligence and deficiency of service on the part of the respondents? ii. Whether the complainant is entitled to the relief as prayed for? iii. To what relief? 5. On behalf of the complainant Ex. A1 to A15 were marked. No documents were filed and marked on behalf of the respondents. 6. Point No. 1 & 2 The complainant by name Laggisetty Supraja, W/o Subramanyam, Kalasapadu filed the complaint in person in Telugu against the respondents 1 & 2 for getting Rs. 30,000/- under Janasri Bhima Yojana and group insurance scheme of her mother-in-law namely Laggisetty Nagaratnamma, who was a member of Sri Venkateswara Self Help Group, Kalasapadu. Laggisetty Nagaratnamma joined as a member in Self Help Group on 22-6-2007 and she died on 14-11-2008. The complainant filed Ex. A1 a Xerox copy of house hold ration card of Laggisetty Subbarayudu, the husband of the deceased Laggisetty Nagaratnamma. C.C. No. 51 of 20093 The complainant claimed the insurance amount on the ground that her mother-inlaw paid Rs. 168/- on 9-7-2008 under receipt No. 218259 for Janasri Bhima Yojana and group insurance scheme covering from 01-8-2008 to 31-7-2009. She filed receipt under Ex. A4. The passbook of Laggisetty Nagaratnamma issued by self help group under Indira Kranti padam under the control of Zilla Samakhya, Kadapa was Ex. A3. Laggisetty Nagaratnamma died on 14-11-2008. Ex. A5 was death certificate. Ex. A6 was family members certificate issued by Tahsildar, Kalasapadu i.e. Laggisetti Subramanyam and present complainant were family members of late Laggisetti Nagaratnamma and Subramanyam was entitled to receive the amount due to his mother, deceased, from Andhra Pragathi Grameena Bank, Kalasapadu. 7. The deceased Laggisetty Nagaratnamma was not issued any policy by the L.I.C of India and United India Insurance Co. Ltd.,. The complainant’s husband made representation to the Project Director, District Rural Development Agency, Kadapa on 17-2-2009 for insurance amount of his deceased mother. The Xerox copy of representation was Ex. A2. She filed Ex. A7 a Xerox copy of Self Help Group wise check list of Sri Venkateswara Self Help Group of Kalasapadu with the names of members, but against the names of Laggisetty Nagaratnamma and her husband in the list it was noted that they did not join in the scheme and there were no nominees and family members were benefited. The complainant contended that due to computer mistake the particulars were not noted in the check list Ex. A7. The complainant’s husband made another representation to the District Collector, Kadapa on 19-1-2009 in Prajavani, Kadapa District. The Xerox copy of Prajavani receipt was Ex. A10. The Xerox copy of representation to the District Collector, Kadapa was Ex. A11. In Ex. A11 the District Collector referred the matter to R1 to take immediate action. Again the complainant’s husband made representation to the District Collector on 2-2-2009 in Prajavani, Kadapa district. The District Collector endorsed on the representation to take personal action in the matter. The Xerox copy C.C. No. 51 of 20094 of Prajavani receipt was Ex. A12 and Xerox copy of representation to the District Collector was Ex. A13. Again on 16-2-2009 the complainant’s husband made another representation to the District collector in Prajavani, Kadapa District. The Xerox copy of prajavani receipt was Ex. A14 and Xerox copy of representation was Ex. A15. The complainant filed Ex. A8 and Ex. A9 a Xerox copy of her insurance policy and Xerox copy of Aroghyasri health card of her father-in-law and mother-inlaw namely Laggisetty Subbarayudu and Laggisetty Nagaratnamma. When the insurance company issued a policy to the complainant they could have issued a policy in the name of deceased Laggisetty Nagaratnamma. If really the deceased Laggisetty Nagaratnamma paid Rs. 168/- on 9-7-2008 under Ex. A4 the policy should have been issued in her name. There was no affidavit from the person, who collected Rs. 168/- from late Laggisetty Nagaratnamma under Ex. A4. Since there was no insurance policy in the name of Laggisetty Nagaratnamma except the alleged payment of Rs. 168/- under Ex. A4, the complainant is not entitled to any relief. 8. It is not known, who was the nominee of the deceased Laggisetty Nagaratnamma. The representations were made to the District Collector on various occasions by the husband of the complainant namely Subramanyam. But the complaint was filed by the daughter – i n – law of the deceased woman. Even if Subramanyam was not in good health he could have filed the complaint and permit his wife i.e. the complainant to represent the case in person. More over the complainant had not impleaded the insurance company. The policy had to be issued by the insurance company and Zilla Mahila Samakhya, Kadapa district. There was no proper proof that the R2 collected the amount from late Laggisetty Nagaratnamma. The R1 and R2 were not concerned for any payment under the scheme. Even in Ex. A4, the R2 did not sign. In these circumstances there are no merits in the case and is liable to be dismissed. Hence, the points are answered accordingly. C.C. No. 51 of 20095 9. Point No. 3 In the result, the complaint is dismissed without costs. Dictated to the Stenographer, transcribed by him, corrected and pronounced by us in the open forum, this the 29 MEMBER MEMBER PRESIDENT APPENDIX OF EVIDENCE Witnesses examined. For Complainant : NIL For Respondent : NIL Exhibits marked for Complainant : - Ex. A1 X/c of House hold card issued in favour of Laggisetty Subbarayudu. Ex. A2 X/c of letter from L. Subramanyam to R1, dt. 17-2-2009 along with acknowledgement cards. Ex. A3 Passbook issued by D.R.D.A., Kadapa in favour of Laggisetty Nagaratnamma. Ex. 4 Receipt No. 218259, dt. 9-7-2008 issued in favour of L. Nagaratnamma. Ex. A5 Death certificate issued by Panchayat Secretary, Kalasapadu. Ex. A6 Family members certificate issued by Tahsildar, Kalasapadu, dt. 10-12-2008. Ex. A7 X/c of checklist. Ex. A8 X/c of policy No. 211091110090501 issued in favour of L. Supraja. Ex. A9 X/c of Aroghyasri health card issued in favour of L. Subbarayudu. Ex. A10 X/c of receipt of Prajavani, Kadapa District, dt. 19-1-2009. Ex. A11 X/c of letter from L. Subramanyam to District Collector, dt. 19-1-2009. Ex. A12 X/c of receipt of Prajavani, Kadapa District, dt. 2-2-2009. Ex. A13 X/c of letter from L. Subramanyam to District Collector, dt. 2-2-2009. Ex. A14 X/c of receipt of Prajavani, Kadapa District, dt. 16-2-2009. Ex. A15 X/c of letter from L. Subramanyam to District Collector, dt. 16-2-2009. Exhibits marked for Respondents: - --- NIL ----- MEMBER MEMBER PRESIDENT Copy to :- 1) L. Supraja, W/o L. Subramanyam, 34 years, Andhra Pragati Grameena Bank Road, H.No. 1-244, Kalasapadu village and Mandal, Kadapa district. 2) Sri K. Ramachandra Reddy, G.P. Kadapa. 1) Copy was made ready on : 2) Copy was dispatched on : 3) Copy of delivered to parties : B.V.P. - - - C.C. No. 51 of 2009th May 2009 DISTRICT FORUM :: KADAPA PRESENT SRI P.V. NAGESWARA RAO, M.A., LL.M., PRESIDENT SMT. B. DURGA KUMARI, B.A., B.L., SRI S. ABDUL KHADER BASHA, B.Sc., MEMBER Friday, 29 CONSUMER COMPLAINT No. 51 / 2009 L. Supraja, W/o L. Subramanyam, 34 years, Andhra Pragati Grameena Bank Road, H.No. 1-244, Kalasapadu village and Mandal, Kadapa district. ….. Complainant. Vs. 1. The Project Director, District Rural Development Agency, Indirakranti Patakam, Pragatibhavan, Kadapa District. 2. Sreenivasulu, Self Help Saving Society, Kalasapadu Mandal, Kadapa District. ….. Respondents. This complaint coming on this day for final hearing on 26-5-2009 in the presence of complainant as in person and Sri K. Ramachandra Reddy, Advocate for R1 & R2 and upon perusing the material papers on record, the Forum made the following:- O R D E R (Per Sri P.V. Nageswara Rao, President), 1. Complaint filed under section 12 of the Consumer Protection Act 1986. 2. The brief facts of the complaint is as follows:- The complainant’s motherin- law by name Laggisetty Nagaratnamma joined as a member on 22-6-2007 in Sri Venkateswara Self Help Group and paid Rs. 168/- vide receipt No. 218259, dt. 9-7-2008 for Janasri Bhima Yojana and group insurance scheme for getting benefit of Rs. 30,000/-. The scheme coverage was from 01-8-2008 to 31-7-2009. She died on 14-11-2008. The insurance amount or death benefit amount was not paid till sofar. Her name was entered in Kadapa District SHG wise check list under Sl.No. 4. But it was not processed in the list due to computer mistake. Therefore, the complaint was filed for Rs. 30,000/- towards insurance amount and Rs. 50,000/- towards mental agony and Rs. 1,000/- towards costs. 3. The R1 filed a counter adopted by R2 with a memo. Both the respondents were not concerned with Janasri Bhima Yojana and other group
......................B. Durga Kumari ......................Sri P.V. Nageswara Rao ......................Sri.S.A.Khader Basha | |