Telangana

Mahbubnagar

CC/08/103

Smt Ghousia Begum W/o Late Shaik Naseeruddin O/c Household - Complainant(s)

Versus

Ashwini Automobiles, Authorized Dealer, Hero Honda, Mahabubnagar. - Opp.Party(s)

Sri Mohd. Abdul Haleem

27 Nov 2008

ORDER

BEFORE THE DISTRICT CONSUMER FORUM AT MAHABUBNAGAR

Thursday, the 27^th day of November, 2008

 

                                                               Present:- Sri M.Rama Rao, B.A.,LL.B., President

     Sri P.Venkateshwara Rao, B.com., LL.B., Member

       Smt.B.Vijaya Kumari, M.Sc. B.Ed., C.C.P., Member

 

                                                                        C.C.NO. 103  Of   2008

Between:-

 

1.  Smt. Ghousia Begum W/o late Shaik Naseeruddin, age: 20 years,                      

     Occ: Household, R/o H.No.6-5-55/4, Habeebnagar, Hanmanpura,

     Mahabubnagar.  

 

2.  Shaiesta Javeria D/o late Shaik Naseeruddin, age: one year, Minor, Rep.

     by her next friend, Ghousia Begum W/o late Shaik Naseeruddin, age: 20

     years,   Occ: Household, R/o H.No.6-5-55/4, Habeebnagar,

     Hanmanpura, Mahabubnagar. 

                                                                                           

      … Complainants

And

1. Ashvini Automobiles, Authorized Dealer, Hero Honda, Srinivasa Colony, Hyderabad Road, Mahabubnagar – 2.

 

2. Hero Honda Passport Programme, Rep. by the Head Marketing,  C/o Result Services Ltd., Post Box No.8, Adruse Gunj, New Delhi – 110048.

 

3.  National Insurance Company Limited, Rep. by Divisional Manager, Division No.7, 50 – Janpath, New Delhi – 110001.

 

                                                                                          … Opposite Parties

 

 

 This C.C. coming on before us for final hearing on 20-11-2008, in the presence of Sri M. A. Haleem, Advocate, Mahabubnagar for the complainant and of Sri V.Vignaneshwara Sharma, Advocate, Mahabubnagar for  the opposite party No.1 and OP.Nos.2 and 3 having been set exparte and having stoodover for consideration till this day, this Forum delivered the following:

 

O R D E R

 

(Smt.B.Vijaya Kumari, Member)

 

1.        This is a complaint filed on behalf of the complainant under section 12 of Consumer Protection Act, 1986 seeking a direction to the opposite parties to pay Rs.1,00,000/- towards policy amount along with interest  @ 18% p.a. on account of death of Shaik Naseeruddin and to pay Rs.25,000/- towards compensation and also costs of the complaint.

 

2.     The complaint averments are as follows:- The complainant No.1 is the wife and the complainant No.2 is the minor daughter of the deceased Shaik Naseeruddin who died in  motor cycle accident on 29.7.2007.  The deceased Shaik Naseeruddin had purchased Hero Honda Passion Plus Motor Cycle bearing Chassis No.06D09C13011 and Engine No.06D08MO3218 with the opposite party No.1.  The said vehicle was registered with RTA, Mahabubnagar bearing No.AP22K-7098.   The complainants stated that the opposite party No.2 in association with opposite party No.3 introduced Hero Honda Passport Programme Member.  The said Passport Programme is insured against loss of life of the owner of vehicle due to an accident under Personal Accidental Policy which is valid for three years from the date of issue of Passport.  On the date of delivery of the said vehicle, the opposite party No.1 issued a Hero Honda Passport Programme Policy vide No.06DO9C13011 in favour of  Shaik Naseeruddin.   As per the terms of the said policy, Shaik Naseeruddin became a member of Hero Honda Passport Programme.  The policy holder Shaik Naseeruddin died in a road accident on 29.7.2007.  As per the terms of Passport Programme the complainants are entitled to receive a compensation of Rs.1,00,000/-.  On 27.9.2007 the complainant No.1 furnished Personal Accidental Claim Form along with required documents for the compensation of Rs.1,00,000/- to the opposite party No.1 and that the opposite party No.1 sent the said Claim Form to the opposite party No.2.   Even after lapse of 11 months the OPs had not paid the policy amount of Rs.1,00,000/- to the complainants.  The complainant No.1 got issued legal notice on 4.8.2008 to the OPs.   The OP.Nos.1 and 3 have received the legal notice but they did not give any reply.   The opposite party No.2 had refused the legal notice and it was returned with false endorsements.  The OPs have been doing unfair trade practice and that they have rendered deficiency in service by avoiding compensation to the complainants.   Hence the complaint. 

 

3.  The opposite party Nos.2 and 3 remained exparte.

 

4.     The opposite party No.1 filed counter with the following averments:-   It is true that late Shaik Naseeruddin had purchased Hero Honda Passion Plus Motor Cycle with OP.1 and it was registered with RTA, Mahabubnagar vide bearing No.AP22K-7098.  It is true that OP.2 in association with OP.3 introduced Hero Honda Passport Programme.  The said Passport Programme is insured against the loss of life of the owner of the vehicle due to an accident under Personal Accidental Policy which is valid for three years from the date of issue of Passport.   The OP.1 issued free Hero Honda Passport Policy vide No.06DO9C13011 in favour of late Shaik Naseeruddin on the date of delivery of the said motor cycle.  As per the terms of the policy if any member of said policy died in accident, the nominee of the said member will get compensation of Rs.1,00,000/- and it will be payable by OP.Nos.2 and 3 only on fulfillment of necessary terms and conditions.   As per the Insurance Policy Form, the nominee was Mohmood Ali, who was the brother of deceased policy holder.  As per the death certificate submitted by the complainants the said nominee also expired on 6.12.2006 and after submission of the death certificate the OPs have issued a letter on 28.8.2008 to the complainants for submission of legal heir certificate and ID proof of the deceased person.   The said letter was received by the complainants and her counsel on 1.9.2008.   But the complainants failed to submit the legal heir certificate and ID proof of the alleged deceased Shaik Naseeruddin.  On receipt of the above two documents the OP.Nos.2 and 3 are ready to settle the matter and to pay the policy amount to the legal heirs of the deceased.   In the counter, the OP.1 stated that they are only dealers and doing the business as per the instructions issued by OP.2 from time to time and acting upon the directions of OP.2 only and that settlement of the claim is the responsibility of OP.Nos.2 and 3 and OP.1 is only forwarding authority from time to time.  Hence there is no unfair trade practice and deficiency of service on the part of OP.1 and that the complaint may be dismissed.    

 

5.  The complainant filed her affidavit and got marked Exs.A-1 to A-10.

 

6.  The opposite parties have not filed their affidavit but got marked Exs.B-1 to B-5 on their behalf. 

 

7.   Heard arguments on both sides.

 

8.  The point which falls for consideration is whether the complainant proved the deficiency of service on the part of OPs and whether the complainant is entitled to the reliefs as prayed for?

 

9.   We have gone through the contents of the complaint, counter, documents filed on both sides and the relevant material available on record. 

 

10.    The facts which are not in dispute are that the deceased person Shaik Naseeruddin had purchased Hero Honda Passion Plus Motor Cycle bearing Chassis No.06D09C13011 and Engine No.06D08MO3218 with the opposite party No.1 and that the said vehicle was registered with RTA, Mahabubnagar vide bearing No.AP22K-7098.   At the time of delivery of the said vehicle the OP.1 issued the free Hero Honda Passport Policy vide No.06DO9C13011 in favour of Shaik Naseeruddin.  As per the terms of the policy if any member of said policy died in accident, the nominee of the said member will get compensation of Rs.1,00,000/- and it will be payable by OP.Nos.2 and 3 only on fulfillment of necessary terms and conditions.  The policy holder Shaik Naseeruddin was died in a road accident on 29.7.2007 vide Ex.A-3.   As per Ex.B-1, the said Insurance Policy was in force on the date of death.   As per the Policy Form i.e., Ex.B-1, the nominee was Mohmood Ali, who was the brother of deceased policy holder.  As per the death certificate i.e., Ex.B-2 submitted by the complainant, the said nominee was also expired on 6.12.2006.   After the death of policy holder, the complainant  Smt. Ghousia Begum (wife) and his minor daughter have submitted Claim Form vide Ex.A-5 for claiming compensation of Rs.1,00,000/- which will be payable by OP.Nos.2 and 3 under Hero Honda Passport Programme vide Ex.A-5. 

 

11.     The controversy is with regard to the payment of policy amount of Rs.1,00,000/- to the legal heirs of the deceased.  In the counter, OP.1 stated that as per the free accident Insurance Policy i.e., Ex.B-1, the nominee is Mohmood Ali, who was the brother of deceased policy holder.   As per the death certificate i.e., Ex.B-2 submitted by the complainants, the said nominee also expired on 6.12.2006 and as such the OPs have issued a letter on 28.8.2008 vide Ex.B-3 to the complainants to produce legal heir certificate and ID proof of the deceased.   But the complainants failed to submit the above two documents to OPs.  In the counter, OPs also stated that they are ready to settle the matter and to pay the policy amount to the legal heirs of the deceased after receipt of the above said two documents.  In the complaint, the complainants have stated that they are entitled to receive the compensation as wife and daughter of the deceased and they requested for direction for insurance claim of Rs.1,00,000/- under the Hero Honda Passport Programme. Admittedly the complainants did not place any evidence before the Forum to the effect they are the sole legal heirs of the deceased policy holder.   Hence the said request cannot be accepted before law.   Thus we conclude that there is no deficiency of service on the part of OPs.   We therefore hold that the opposite parties are liable to pay the insurance amount to the persons entitled under the policy, who produces succession certificate as legal heirs of the deceased.  Without producing the succession certificate, the complainants are not entitled to claim any amount under Hero Honda Passport Programme from OPs.  We therefore direct the complainants to produce the succession certificate as legal heirs of the deceased and claim the policy amount of Rs.1,00,000/- under Hero Honda Passport Programme from OPs.  This point is answered accordingly.    We therefore hold that the complainants are not entitled for any relief without producing the succession certificate as legal heirs of the deceased.

 

12. In the result, the complaint is dismissed without costs. 

 

    Typed to dictation, corrected and pronounced by us in the open Forum on this the 27th day of November, 2008.           

 

        

 MEMBER                                MEMBER                              PRESIDENT 

    Appendix of evidence

       Witness examined

 

For complainants: Nil                                               For opposite parties:  Nil

Exhibits marked for Complainants:-    

 

Ex.A-1:        Copy of FIR, dt.29.7.2007.

Ex.A-2:        Copy of Inquest, dt.30.7.2007.

Ex.A-3:        Copy of PME Report, dt.30.7.2007.

Ex.A-4:        Copy of Death information letter, dt.27.9.2007.

Ex.A-5:        Copy of Claim Form, dt.27.9.2007.

Ex.A-6:        Copy of Legal Notice, dt.4.8.2008.

Ex.A-7:        Postal Receipts (Nos.3).

Ex.A-8:        Postal Acknowledgement.

Ex.A-9:        Postal Acknowledgement.

Ex.A-10:      Returned Postal Cover with Acknowledgement.

 

Exhibits marked for OPs:-   

 

Ex.B-1:        Copy of Policy, dt.22.4.2006.

Ex.B-2:        Copy of Death Certificate, dt.12.12.2006.

Ex.B-3:        Copy of letter issued by OP.1, dt.28.8.2008.

Ex.B-4:        Copy of Postal Acknowledgement, dt.1.9.2008.

Ex.B-5:        Copy of Postal Acknowledgement, dt.1.9.2008.

 

By the Forum:

     - Nil-

                                                                                                                                                                                                                            PRESIDENT

Copy to:-

1. Sri M. A. Haleem, Advocate, Mahabubnagar for the complainant.
2. Sri V.Vignaneshwara Sharma, Advocate, Mahabubnagar for OP. No.1.
3. Hero Honda Passport Programme, Rep. by the Head Marketing,C/o Result Services Ltd., Post Box No.8, Adruse Gunj,              New Delhi  – 110048.
4.  National Insurance Company Limited, Rep. by Divisional Manager, Division No.7, 50 – Janpath, New Delhi – 110001.