DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, ANANTAPUR.

PRESENT: - Sri C.Thyagaraja Naidu, B.Sc., B.L., President 

Smt.S.Lalitha, Member, M.A., M.L.,                     

Sri S.Niranjan Babu, B.A., B.L., Male Member

Wednesday, the 15^th  day of December, 2010

C.C.NO.124/2010

Between:

                 Boli Obulaptathi

                 S/o Obanna

                 D.No.10/56,

                 Ganesh Nagar

                 Kalyandurg Road

                 Anantapur.                                                                         …  Complainant

                Vs.

      1.  The Authorized Signatory

            Bajaj Allianz Life Insurance Co. Ltd.,

            4^th & 5^th Floor, Ashok Plaza

            Corporate Software Park, S.No.32/3

            Nagar Road, Viman Nagar

            Pune – 411 014.

1. The Authorized Signatory

Bajaj Allianz Life Insurance Co. Ltd.,

Opp. To Triveni Talkies

Anantapur.                                                                  …..   Opposite parties

This case coming on this day for final hearing before us in the presence of                       Sri B.V.Seshadri and Sri M.C.Ram Kumar, advocates for the complainant and                    the opposite parties 1 & 2 are called absent and set-exparte and after perusing the material papers on record and after hearing the arguments of complainant’s side, the Forum delivered the following:

O R D E R

Smt.S.Lalitha, Lady Member: - This complaint has been filed by the complainant under section 12 of Consumer Protection Act, 1986 against the opposite parties 1 & 2 to direct them to pay a sum of Rs.73,418-05, which includes  Rs.48,418-05 towards amount covered under policy, Rs.20,000/-  towards mental agony and Rs.5,000/- towards costs of the complaint.

2.         The brief facts of the complaint are that: - The complainant is resident of Anantapur Town and he has obtained Insurance Policy bearing No.0008576420 of Product Unit Gain Life Pension from the opposite parties.  As per the terms and conditions of the above policy, the opposite parties collected the amounts from the complainant and the policy was matured on 21-04-2010. The complainant submits as the above policy was matured, the complainant approached the opposite parties to pay the amount covered under the above policy.  As per the terms and conditions of the policy, the complainant is entitled to receive a sum of Rs.48,418-05 from the opposite parties.  The 1^st opposite party issued a letter to the complainant directing him to produce necessary documents, which are clearly mentioned in their letter) to enable them to pay the said amount.  As per the directions of the opposite parties, the complainant submitted all the necessary documents to the opposite parties for taking necessary action and for payment of the amount, but the opposite parties did not pay the maturity amount to the complainant. Hence, the complainant got issued legal notice to the 1^st opposite party demanding him to pay the amount of Rs.48,418-05, which was served on the 1^st opposite party on 08-07-2010.  Inspite of receipt of the legal notice, the 1^st opposite party did not give any reply or send the amount.  Due to carelessness act of the opposite parties, the complainant suffered mental agony.  All the efforts made by the complainant to get back the matured amount from the opposite parties went in vain. Thus, there is deficiency of service on the part of the opposite parties. Hence, the complainant approached this Forum for redressal claiming Rs.73,418-05, which includes  Rs.48,418-05 towards amount covered under policy, Rs.20,000/-  towards mental agony and Rs.5,000/- towards costs of the complaint.

3.         Notices issued by this Forum to the opposite parties 1 & 2. Notice of 1st opposite party was served and notice of 2^nd respondent returned with postal endorsement as door locked.  Both the opposite parties remained exparte.

4.         To prove the case of the complainant, the evidence on affidavit of the complainant has been filed and marked Ex.A1 to A4 documents.

5.         Heard on complainant’s sides.

6.         Basing on the above pleadings, the points that arise for consideration are:

           1.  Whether there is deficiency of service on the part of the opposite parties 1 &

                2? If so whether the complainant is entitled for the amount as claimed in the

                complaint from the opposite parties 1 & 2.

            2.  To what relief?

7.         POINT NO.1 – The contention of the complainant is that he has obtained Insurance Policy bearing No.0008576420 of Product Unit Gain Life Pension from the opposite parties.  As per the terms and conditions of the above policy, the opposite parties collected the amounts from the complainant and the policy maturity date is              21-04-2010 and the maturity amount is Rs.48,418-05.  When the complainant demanded the opposite parties 1 & 2 for maturity amount of the policy, the 1^st opposite party wrote a letter to the complainant instructing him to send some documents.   As per Maturity Intimation Letter (Ex.A4), the 1^st opposite party directed the complainant to send the policy document, Discharge form duly signed, Photo Identity Card and signature proof duly attested, ECS Form and cancelled cheque of the Policyholder and Annuity form. The complainant submits that he has sent all the required documents to the opposite parties, but there was no reply from the opposite parties. Hence, the complainant got issued legal notice under Ex.A1 to the 1^st opposite party which was received by the 1^st opposite party on 08-07-2010.  Ex.A2 is postal acknowledgement signed by the 1^st opposite party.   But the opposite parties 1 & 2 did not care either to settle the matter or to give reply to the notice issued by the counsel for the complainant. Inspite of receipt of notice from this Forum also, the opposite parties failed to attend the Forum.  It shows there is negligence and deficiency of service on the part of the opposite parties 1 & 2.

8.         The opposite parties 1 & 2 have failed to pay the maturity amount in time to the complainant and also did not correspond to the complainant relating to the payment of maturity amount. Hence, the complainant suffered mental agony. Thus, there is deficiency of service on the part of the opposite parties.  The 1^st opposite party himself admitted that the maturity value of Rs.48,418-05 (Ex.A3). Hence, the complainant is entitled for the maturity amount of Rs.48,418-05 with interest @ 12% p.a. from the date of filing of the complaint i.e. 22-09-2010 till the date of payment.  Here the complainant claimed a sum of Rs.20,000/- towards mental agony, but this Forum has granted a sum of Rs.2,000/- towards mental agony.

9. POINT NO.2  -  In the result the complaint is allowed with costs of Rs.2,000/- directing the opposite parties 1 & 2 jointly and severally liable to pay to the complainant a sum of Rs.48,418-05 with interest  @ 12% p.a. from the date of filing of the complaint i.e.              22-09-2010 till the date of payment and Rs.2,000/- towards mental agony within one month from the date of this order.

Dictated to the Steno, transcribed by him, corrected and pronounced by us in open Forum, this the 15^th   day of December, 2010.

                  MALE MEMBER                             LADY MEMBER                                   PRESIDENT

DISTRICT CONSUMER FORUM   DISTRICT CONSUMER FORUM        DISTRICT CONSUMER FORUM

               ANANTAPUR                             ANANTAPUR                                ANANTAPUR.    

APPENDIX OF EVIDENCE

WITNESSES EXAMINED

ON BEHALF OF THE COMPLAINANT:            ON BEHALF OF THE OPPOISITE PARTIES

                    -NIL-                                                                      - NIL-

EXHIBITS MARKED ON BEHALF OF THE COMPLAINANT

Ex.A1 -  Office copy of the legal notice got issued by the complainant to the 1^st opposite

              party.

Ex.A2  -  Postal acknowledgement signed by the 1^st opposite party.

Ex.A3  -  Photo copy of Maturity Discharge Form  issued by the 1^st opposite party to the

               complainant.

Ex.A4  -  Maturity Intimation Letter issued by the 1^st opposite party to the complainant.

EXHIBITS MARKED ON BEHALF OF THE OPPOSITE PARTIES

• N I L –

                  MALE MEMBER                             LADY MEMBER                                   PRESIDENT

DISTRICT CONSUMER FORUM   DISTRICT CONSUMER FORUM        DISTRICT CONSUMER FORUM

                 ANANTAPUR                                ANANTAPUR                                    ANANTAPUR.                             

Typed by JPNN