IN THE DISTRICT CONSUMERS’ DISPUTES REDRESSAL FORUM AT MYSORE<br /> <br /> PRESENT: 1. Shri.A.T.Munnoli<br /> B.A., L.L.B (Spl.) - President <br /> <br /> 2. Smt.Y.V.Uma Shenoi<br /> M.Sc., B.Ed., - Member<br /> <br /> 3. Shri. Shivakumar.J.<br /> B.A., L.L.B., - Member<br /> <br /> CC 414/09 DATED 11.01.2010<br /> ORDER<br /> <br /> Complainant 1. Smt. Rumi Sangma W/o late Sri. P. Manoharan.<br /> 2. Miss. Megha Sangma d/o late Sri. P. Manoharan.<br /> 3. Baby Prerana Sangma d/o late Sri.P. Manoharan, rep. by mother & natural guardian Rumi Sangma.<br /> All r/at No.397, I Phase, 4th stage, Vijayanagar, Mysore-570017.<br /> <br /> (By Sri. N.G. Advocate)<br /> <br /> Vs. <br /> Opposite Party The Manager, CITI Bank, Card Centre, Club House Road, Chennai-600042. Tamil Nadu. <br /> ( By Sri. P.T.P. Advocate)<br /> <br /> Nature of complaint : Deficiency in service<br /> Date of filing of complaint : 07.11.2009<br /> Date of appearance of O.P. : 03.12.2009<br /> Date of order : 11.01.2010<br /> Duration of Proceeding : 1 Month 8 Days<br /> <br /> <br /> PRESIDENT <br /> <br /> <br /> <br /> MEMBER<br /> <br /> <br /> MEMBER<br /> <br /> <br /> Sri. A.T.Munnoli,<br /> President<br /> <br /> 1. The complainants have filed the complaint against the opposite party, seeking a direction to pay all the amounts accrued to them, as legal heirs of K.P. Manoharan in respect of personal accident insurance and further, compensation of Rs.50,000/- for mental agony and hardship and cost of the proceedings.<br /> <br /> 2. It is alleged in the complaint that, one Sri. K.P. Manuharan was a businessman. First complainant is the husband, second and third complainants are his children. Sri K.P. Manoharan had taken a Gold Credit card No. 4385 8790 8970 6000 with inbuilt personal accident insurance from the opposite party. In a road accident he died on 16.07.2004. The complainants are his legal heirs. They have succeeded to all the estate left behind him. They are entitled to the insurance amount. The opposite party failed to pay the amount. The complainants had filed CC.24/2007, which came to be dismissed by this Forum and in the appeal No.1378/2007, Honble State Forum has ordered that, the opposite party to undertake necessary investigation into the matter and if the claim is found to be genuine, the opposite party Bank to settle the claim within three months from the date of the order i.e., 07.12.2007. The complainant furnished necessary documents in their power and custody, for settlement of the claim. Till this day nothing is heard from the opposite party. The opposite party is negligent and has not done anything with the ulterior object depriving the claim of the complainant. On these ground, it is prayed to allow the complaint.<br /> <br /> 3. The opposite party in the version has contended that, the complaint is false, frivolous and vexatious. It is not maintainable either at law or on facts. There is no cause of action for this complaint. The alleged cause of action is barred by limitation. Almost all the material allegations in the complaint, are denied. Denials of denials are not repeated here. It is contended that, there is no credit card corresponding to the number mentioned in the complaint. Further it is contended that, even if K.P. Manoharan was enrolled has Group Accident Insurance policy, the complainants have not disclosed the name of the Insurance Company and more over such Insurance Company is a necessary party. Also, it is contended that, no part of cause of action arose within the jurisdiction of this Forum. Also, the complaint is hit by Resjudicata. There is no deficiency in service. Hence, it is prayed to dismiss the complaint.<br /> <br /> 4. To prove the facts alleged in the complaint, the first complainant has filed her affidavit and produced some documents. On the other hand, the Manager-Legal has filed his affidavit for the opposite party. We have heard the arguments of learned advocates for the complainants and opposite party and perused the records.<br /> <br /> 5. Now the points arises for consideration are as under:-<br /> 1. Whether the complainants have proved any deficiency in service on the part of the opposite party and that they are entitled to the reliefs sought?<br /> 2. What order?<br /> 6. Our findings are as under:-<br /> Point no.1 : Partly in affirmative.<br /> Point no.2 : As per the order.<br /> <br /> <br /> REASONS<br /> 7. Point no. 1:- The opposite party at the out set contended that, the complaint is barred by limitation. Order of the Hon’ble State Commission is dated 07.12.2007, in view of the said order, the complaint filed on 07.11.2009, is well in time.<br /> <br /> 8. As regards the contention that the complaint is bad for non-joinder of necessary party, the opposite party has not at all disclosed, which is the Insurance Company with whom the group accident insurance was provided and hence, this contention also cannot be appreciated.<br /> <br /> 9. So for concern to the contention that, this Forum has no territorial jurisdiction, even though the opposite party resides outside the territorial jurisdiction of this Forum, as claimed the deceased had Gold Credit Card with inbuilt personal accident insurance, who was resident of Mysore city and also died within the jurisdiction of this Forum, and added to it, in the earlier proceedings the opposite party did not raise any objections regarding the territorial jurisdiction and under the circumstances, particularly, in view of this submissions made for the opposite party before the Hon’ble State Commission, the said contention of the opposite party regarding territorial jurisdiction will not sustain.<br /> <br /> 10. We do consider that, the complainants have not furnished any documents except the card number, which is also disputed by the opposite party. In this regard, amongst other facts submitted for the complainants, the order of the Hon’ble State Commission needs to be mentioned here, which reads as follows.<br /> <br /> (1) “The Appeal is disposed of with a direction to the opposite party Bank to hold investigation into the claim made by the complainants with the co-operation of the complainants and if the claim is found to be genuine, the opposite party shall make necessary arrangement to settle the claim within three months from today.<br /> (2) The result of the investigation shall be communicated to the complainants within three months from today. If the complainants are aggrieved by the result of investigation, liberty is reserved to the complainants to file a fresh complaint before the District Forum on the same cause of action”.<br /> <br /> 11. Hence, firstly, the Hon’ble State Commission directed to the present opposite party to hold investigation into claim made by the complainants. It is true, also there is observation that, the said investigation must be with the cooperation of the complainants, but it is not at all the case of the opposite party that, the complainants did not cooperate with it. On the other hand, the complainants have stated that, they have furnished the documents available with them to the opposite party. In addition to it, as noted above, the Hon’ble State Commission has specifically directed the present opposite party to communicate the result of the communication to the complainants within three months from the date of the order. It is not at all the case of the opposite party that, firstly it held investigation and secondly communicated the result to the complainants. Thus, in fact the opposite party with utter disregard and disrespect to the order of Hon’ble State Commission, has taken several contentions disputing the claim made by the complainants. <br /> 12. Also it is relevant to note that, before the Hon’ble State Commission, a submission was made that there are 4 or 5 Manoharans on their panel having credit cards for which necessary investigation would be made to ascertain whether the claim made by the complainants is genuine or otherwise. Hence, who are all those Manoharans and the deceased in question is one amongst them or otherwise, is not made out by the opposite party.<br /> <br /> 13. Instead of complying the undertakings given before the Hon’ble State Commission and without obeying the order or directions of the Hon’ble State Commission, the opposite party has put forth certain contentions, which cannot be accepted at this stage. However, to ascertain the genuineness or otherwise of the claim of the complainants, the opposite party shall have to hold investigation into the matter as to whether the deceased P. Manoharan was Gold Credit Card holder with inbuilt personal accident insurance or otherwise. The opposite party further shall have to furnish the details of the said 4-5 Manoharans and whether the P.Manoharan was one amongst them and also furnished the card Number and other particulars enabling the complainants to take further appropriate action in accordance with law. With these observations, the present complaint has to be disposed and the claim of the complainants will be considered in accordance with law at appropriate stage, if further redressal of the grievance is sought, in accordance with law. Accordingly our finding on the point is partly in affirmative.<br /> <br /> 14. Point No. 2:- From the discussion made above and conclusion arrived at, we pass the following order.<br /> <br /> <br /> ORDER <br /> 1. The complaint is partly allowed.<br /> 2. The opposite party is hereby directed to furnish the names who are all 4-5 Manoharans and whether P. Manoharan, the deceased concerned to the present complaint had Gold Credit Card with inbuilt personal accident insurance or otherwise and furnish all the details to the complainants along with the result of the investigation as per order by the Hon’ble State Commission within a month from the date of this order.<br /> 3. Further, the opposite party shall pay a sum of Rs.3,000/- towards the cost of the present proceedings.<br /> 4. Give a copy of this order to each party according to Rules.<br /> <br /> (Dictated to the Stenographer, transcribed by her, transcript revised by us and then pronounced in the open Forum on this the day 11th January 2010)<br /> <br /> <br /> <br /> (A.T.Munnoli) <br /> President <br /> <br /> <br /> (Y.V.Uma Shenoi)<br /> Member<br /> <br /> <br /> (Shivakumar.J.)<br /> Member<br /> <br /> <br />