This C.C. came before us for final hearing, in the presence of Sri H. Sree Rama Rao, Advocate for Complainants and Notice to opposite party served and called absent; upon perusing the material papers on record; upon hearing the arguments and having stood over for consideration this Forum passed the following:-
O R D E R
(Sri R. Kiran Kumar, FAC President)
This complaint is filed u/sec.12-A of Consumer Protection Act, 1986. The averments made in the complaint are that the complainant No.1 is wife and complainants No.2 and 3 are the sons of late Saminapally Sudarshanachary, who worked as an attender in the office of the Assistant Director of Agriculture, Khammam. The complainant submitted that on the intervening night of 15/16-10-2010 late Saminapally Sudarshanachary, got severe health problem and immediately he was taken to the nursing home of Dr. D.S. L. Anand M.D., Wyra Road, Khammam and while undergoing treatment he died on16-10-2010 at 9.30 A.M. The complainants also submitted that Saminapally Sudarshanachary obtained a loan of Rs.40,000/- from the opposite party vide loan Account No.090025000002870 and he has to pay the loan amount in 36 monthly installments from January 2008 to May 2011. E.M.I. was fixed @Rs.2,328/- per month. The complainants also submitted that at the time of taking the loan, the staff of opposite party informed that the customers of opposite party will be enrolled as a member in a group insurance policy and he will comes under the insurance scheme and his legal heirs will get insurance amount in event of member’s sudden death. The complainants also submitted that, after the death of late Saminapally Sudarshanachary, they approached the opposite party in the month of November, 2010 and requested the opposite party to supply a claim form to able them to make claim, but the opposite party went on to postponing this issue from one pretext to the other. Vexed with the evasive attitude of opposite party, the complainants issued legal notice dated 15-03-2011, calling on the opposite party to issue a claim form to enable them to make claim from the group insurance amount and the legal notice was unserved on the opposite party and returned with an endorsement as “Unclaimed”, on 24.03.2011. The complainants lost hope that the opposite party will not supply claim form to the complainants to enable the complainants to make claim. For that, the complainants approached the Forum for the deficiency of service of the opposite parties.
2. On behalf of the complainants, the following documents filed and marked as Exs.A1 to A10.
Ex.A1:- Group Insurance Policy enrolment letter dt.18.04.2008, vide application reference No.RMM 712154.
Ex.A2:- Letter dt.25-04-2008 containing Loan Account No.090025000002870, issued by opposite party.
Ex.A3:- Annexure-Key Details & Repayment Schedule.
ExA4:- Lab Report of late Sudarshanachary, issued by Sree Diagnostic Center, Wyra Raod Khammam.
Ex.A5:- Prescription of late Sudarshanachary issued by City Nursing Home, Wyra Road, Khammam.
Ex.A6:- CT Scan of Brain Plain Study, dt.16.10.2010.
Ex.A7:- Attested copy of Certificate of Death of Saminepally Sudarshana Chary.
Ex.A8:-Attested copy of family Member Certificate, issued by the Tahsildar, Khammam Urban
Ex.A9:- Office copy of legal notice, dt.15-03-2011 along with postal receipt.
Ex.A10:- Unserved registered postal cover with ack. due on the opposite party.
3. On receipt of notice, the opposite party called absent.
4. Heard oral arguments from the counsel for complainant.
5. Upon perusing the material paper on record, now the points that arose for consideration are,
- Whether complainants are entitled for claim?
- To what relief?
Point No.1:-
The case of the complainants are that, the deceased Saminapally Sudarshanachary, in his life time obtained a loan for an amount of Rs.40,000/- from the opposite party. At the time of obtaining loan, the company staff of opposite party informed that, the customer of opposite party will be enrolled as a member in group insurance policy. According to the complainants, late Saminapally Sudarshanachary died on 16-10-2010 while undergoing treatment, in the nursing home of Dr. D.S.L., Anand, M.D., Khammam. After the death of late Saminapally Sudarshanachary, the complainants informed the same to the opposite party to issue claim form to enable them to make claim. As the opposite party failed to issue claim form or settle the insurance claim, for that the complainant approached the Forum.
From the documents and material available on record, we observed that late Saminapally Sudarshanachary obtained loan from opposite party. As per Ex.A3, loan amount is Rs.40,000/- disbursed amount is 35,631/- date of disbursement is 18.04.2008 and tenure is 36 months. And also we observed that, on the same day i.e. on 18-04-2008, the opposite party enrolled the deceased late Saminapally Sudarshanachary in group insurance scheme vide application reference No.RMM 712154. Late Saminapally Sudarshanachary died on 16.10.2010, while undergoing treatment in nursing home of Dr. D.S.N. Anand. From the documents, it is clister clear that late Saminapally Sudarshanachary, joined in group insurance scheme died due to ill health and on the date of his death, the group insurance policy was in force. Hence, his legal heirs i.e. the complainants are eligible for group insurance scheme, as such this point is answered accordingly in favour of the complainants.
Point No.2:-
In the result, complaint is allowed in part, directing the opposite party to supply claim form to the complainants to enable the complainants to make a claim and of such claim the opposite party is directed to pay the group insurance amount of Rs.50,000/- (Rupees Fifty Thousand only) to the complainants with interest @9%p.a. from the date of complaint i.e. 15-06-2011, till actual payment. Among which, the complainant No.1 is entitled for Rs.20,000/-(Rupees Twenty Thousand only) together with accrued interest on Rs.50,000/-. The complainants No.2 & 3 are entitled Rs.15,000/- (Rupees Fifteen Thousand only) each.
Dictated to the steno, transcribed by her, corrected and pronounced by us in the open Forum, on this 4th day of July, 2013.
FAC PRESIDENT MEMBER
DISTRICT CONSUMER FORUM, KHAMMAM.
APPENDIX OF EVIDENCE
Witnesses examined for complainant: None
Witnesses examined for opposite parties: None
Exhibits marked for complainant:
Ex.A1:- Group Insurance Policy enrolment letter dt.18.04.2008, vide application reference No.RMM 712154.
Ex.A2:- Letter dt.25-04-2008 containing Loan Account No.090025000002870, issued by opposite party.
Ex.A3:- Annexure-Key Details & Repayment Schedule.
ExA4:- Lab Report of late Sudarshanachary, issued by Sree Diagnostic Center, Wyra Raod Khammam.
Ex.A5:- Prescription of late Sudarshanachary issued by City Nursing Home, Wyra Road, Khammam.
Ex.A6:- CT Scan of Brain Plain Study, dt.16.10.2010.
Ex.A7:- Attested copy of Certificate of Death of Saminepally Sudarshana Chary.
Ex.A8:-Attested copy of Family Member Certificate, issued by the Tahsildar, Khammam Urban
Ex.A9:- Office copy of legal notice, dt.15-03-2011 along with postal receipt.
Ex.A10:- Unserved registered postal cover with ack. due on the opposite party.
Exhibits marked for opposite party:- Nil
FAC PRESIDENT MEMBER
DISTRICT CONSUMER FORUM, KHAMMAM.
