By G. Yadunadhan, President:<br /> <br /> The case of the complainants is that the 3rd son of the complainant, late Sri. M. Ranjith joined Privilege Insurance Enrolment Scheme run jointly by the Opposite parties for the benefit of the person taking cable connection from opposite party No.1. The subscription No. of the scheme was KA 143243. On 26.12.2001, the deceased Ranjith, who had gone to meet one of his friends at Vattakinar dies of accidental hit by speeding train while crossing the railway line near Vattakinar, Kozhikode. As per the terms of the scheme, nominee viz., 2nd petitioner is entitled to get benefit of Rs.50,000/-. Complainant No.1 contacted, opposite party No.1 several times for getting the claim amount from opposite party No.2. FIR, Postmortem Certificate, Death Certificate, Final Report, Privilege Insurance Enrolment Form, Subscription Receipt and Privilege Card were given to opposite party No.1. The said documents were given to opposite party in the year 2002 and in August 2003 also. After receiving the claim in 2003, the opposite party No.1 sent a letter asking the complainant to send 3 documents to them. Though two among the above said three documents were earlier furnished twice to opposite party No.1, as directed by opposite party No.1 in their letter dated 2.9.2003, complainant No.1 handed over one more copy of the Final Report and original Subscription receipt to opposite party No.1 at their Calicut office. Copy of the connection installation report was not given since it was not furnished to the deceased or to the complainants by opposite party No.1 at the time of installation. Even though several time complainant approached to the opposite party, opposite party No.1 failed to settle the claim. After waiting fruitlessly for almost one and half years, the complainants approached Legal Service Authority at District Court, Kozhikode for relief. But in spite of notice being issued by the authority asking the opposite parties to appear, they failed to do so. On 23.2.2005, the complainant sent a lawyer notice to the opposite parties asking them to settle the claim. The opposite party No.1, who received the notice, has not given any reply so far. Opposite party No.2 gave a reply expressing their difficulty to proceed with the claim for reasons that Postmortem Report says unidentified male person, that they have not received final report, the privilege insurance enrolment does not contain any date etc. Opposite party No.1 have committed serious deficiency in service and failed in discharging the duty cast upon them and opposite party No.1 have not given documents to opposite party No.2, as a result of which the claim has been rejected. Therefore complainant claims Rs.50,000/- from the opposite party with interest and costs.<br /> <br /> Opposite party No.1 entered in appearance and filed version. Opposite party No.1 denying the complaint. According to them it is a free service and no amount whatsoever had been collected as consideration. Since this is a claim against the insurance, opposite party No.1 is not liable. O.P. is liable to be dismissed in limeni. After receiving the information of the death opposite party No.1 forwarded all documents to opposite party No.2. Additional documents required by the opposite party No.2 also submitted by them. Opposite party No.1 submits that as per the terms and conditions, the competent courts in Trivandrum shall have jurisdiction. Therefore complaint is liable to be dismissed.<br /> <br /> Opposite party No.2 filed written version admitting the claim received with respect to the death of one Mr. Ranjith, whose claim covered under Asianet Privilege Insurance Scheme. But Privilege Insurance Enrolment Certificate was not containing any date to verify when the deceased was enrolled. Moreover, cable installation report and monthly subscription were also not submitted by them. Postmortem report dated 26.12.2001 states that deceased is unidentified male person. They have not received any communication from the Legal Service Authority. There was no deficiency or improper service from opposite party No.2. They are not liable to pay Rs.50,000/- or any other amount.<br /> <br /> Points to be considered: (1) Whether there is territorial jurisdiction over the complaint? (2) Whether the complainant is a consumer? If so, whether the complainant is entitled to get any relief? Who is liable to compensate? (3) What is the quantum of compensation?<br /> <br /> Complainant was examined as PW1. Ext. A1 to A3 were marked on the side of complainant.<br /> <br /> Opposite party produce one document, which was marked as Ext. B1.<br /> <br /> Since the opposite party No.1 raised the contention regarding the territorial jurisdiction, that has been considered as a preliminary issue. Since the opposite party No.1 and 2 are having office within the jurisdiction of this Forum and insurance was entered within the jurisdiction of this Forum, this Forum has territorial jurisdiction over the issue. On perusal of the records, it is clear that deceased Ranjith was a subscriber of the Asianet Privilege Insurance Scheme. Therefore, Complainant is entitled to get insurance coverage of the deceased Ranjith. In the Postmortem report it is clearly stated that deceased was the Son of 1st complainant. Hence there is no doubt regarding the identity of the deceased Ranjith. Hence that point also found in favour of the complainant. Since the Insurance is admitted by 2nd opposite party, it is the duty of the 2nd opposite party to indemnify the claim. Hence the complainant is entitled to get the relief as prayed.<br /> <br /> Therefore, complainant is entitled to get Rs.50,000/- from opposite party No.2 with an interest @ 6 per cent from the date of complaint. Opposite party No.2 shall make payment within one month from the date of this order. No order as to costs.<br /> <br /> Pronounced in open Court this the 30th day of October 2008.<br /> <br /> Sd/-President Sd/-Member Sd/-Member<br /> <br /> APPENDIX<br /> <br /> Documents exhibited for the Complainants<br /> <br /> A1 Photocopy of Privilege Insurance Enrolment Form (Revised).<br /> A2 Photocopy of Privilege Card issued by O.P.No.1.<br /> A3 Photocopy of First Information Report.<br /> A4 Photocopy of Postmortem Report.<br /> A5 Attested photocopy of Death Certificate.<br /> A6 Photocopy of Letter from 1st O.P. dated 2.9.2003.<br /> A7 series Photocopy of lawyer notice with postal receipt and acknowledgement card.<br /> A8 Reply given to A7 lawyer notice.<br /> <br /> Documents exhibited for the Opposite parties:<br /> <br /> B1 Photocopy of Master Policy Agreement dated 1.2.2001.<br /> <br /> -/True copy/-<br /> <br /> Sd/-President<br /> <br /> (Forwarded/By Order)<br /> <br /> <br /> <br /> Senior Superintendent.<br /> <br /> <br /> <br />