This C.C. is coming on before us for hearing in the presence of Sri.B.Gagandhar, Advocate for complainant; Notice of opposite party served and called absent; upon perusing the material papers on record; upon hearing arguments and having stood over for consideration, this Forum passed the following:-
O R D E R
(Per Sri Vijay Kumar, President)
This complaint is filed under section 12-A of the Consumer Protection Act, 1986. The averments made in the complaint are that the complainant is the wife of the deceased, Jeedimalla Rama Rao. The deceased has taken the policy from opposite party to cover death benefits for Rs.3,00,000/- and paid premium for Rs.773/- vide policy bearing No.10586963 valid from 18-12-2008 to 18-12-2034. On 15-4-2009 the deceased, Jeedimalla Rama Rao suffered with heard stroke and shifted to Government Hospital, Penuballi, on the way he died. Dr.N.Subba Reddy, Civil Assistant Surgeon, Govt. Hospital, Penuballi declared that the deceased died due to heart stroke and also gave death certificate, the Tahasildar, Penuballi issued a death certificate vide proceedings E/428/09. Inspite of making many rounds around the opposite party, but they did not pay the death benefits under the policy. Finally on 24-8-2009 the complainant submitted the application for payment of death benefits, but the opposite party did not take any steps to sanction the claim. Due to the above acts of the opposite party, the complainant is suffering with mental agony. Hence, the complaint.
Apart from the complaint, the complainant filed an affidavit, reiterating the contents of the complaint and also filed the following documents:
- Photo copy of policy certificate
- Death Certificate issued by Civil Assistant Surgeon, Community Health Centre, Penuballi, Khammam, dt.26-4-2009.
- Photo copy of death certificate, dt.2-5-2009 issued by Tahasildar, Penuballi
- Photocopy of letter, dt.24-8-2009 addressed to the Manager, ICICI Prudential Life Insurance Co. Ltd.,
Though the notices were served on opposite parties No.1 to 3, they did not appear before the Forum. On 28-12-2009 Sri.G.Sita Rama Rao offered vakalath. Inspite of granting several adjournments, Sri.G.Sita Rama Rao failed to file vakalath. At last Sri.G.Sita Rama Rao advocate expressed his inability to file the vakalath on behalf of the opposite party Nos.1 to 3. The opposite parties are called absent there was no representation on their behalf though the notices were served upon opposite parties on 28-12-2009. Since then the case underwent a number of adjournments, but there is no representation on behalf of the opposite parties. As such there was no option than to hear the counsel for complainant.
Heard the counsel for complainant. Perused the material filed therein.
Upon which the points that arose for consideration are,
- Whether the complainant is entitled to the claim sought in the complaint?
- To what relief?
Point No.1 & 2:
The case of the complainant is that he has taken a policy from opposite party to cover the death benefit for Rs.3,00,000/-. On this aspect of the case is concerned, the complainant refers to the copy of policy, dt.18-12-2008. The said policy was in force for a period from 18-12-2008 to 18-12-2034, as against this the complainant suffered with heart stroke and died on 15-4-2009. The date of death of the deceased is within the period of policy. As regards the death of the deceased is concerned, the complainant refers to the documents 2 and 3, which are issued by Civil Assistant Surgeon, Dr.N.Subba Reddy and Tahasildar, Penuballi. Inspite of bringing the facts to the notice of opposite parties, they did not evince any interest in settling the claim. On this aspect of the case is concerned, the complainant refers to the photocopy of letter addressed to the opposite party, dt.24-8-2009, this apart the complainant refers to the terms and conditions of the policy, a copy of which is filed, wherein in death benefit in the event of death of life assured, the company shall pay the sum assured on the basis of aforesaid record. It become crystal clear that the deceased has obtained policy covering the death benefit for Rs.3,00,000/- and he died during the period of the policy which was in force. Death certificate issued by Tahasildar also substantiated the case of the complainant. On the basis of the aforesaid documents, the complainant has substantially established that her husband died on 15-4-2009 and the policy was in force as on the date of death. She also filed the relevant death report. As per the terms and conditions of the policy, she being the wife of the deceased entitled to Rs.3,00,000/-.
In the result, the complaint is allowed, directing the opposite parties to pay an amount of Rs.3,00,000/- (Rupees three lakhs only) covered under the policy together with interest at 9% P.A. from the date of death of the deceased i.e. 15-4-2009 till the date of deposit. The opposite parties further directed to pay an amount of Rs.10,000/- towards mental agony and sufferance and Rs.1,000/- towards costs of the litigation.
Dictated to the steno, transcribed by her, corrected and pronounced by us in the open forum on this 2nd day of July, 2010.
PRESIDENT MEMBER MEMBER
DISTRICT CONSUMERS FORUM, KHAMMAM
APPENDIX OF EVIDENCE
-NIL-
PRESIDENT MEMBER MEMBER
DISTRICT CONSUMERS FORUM, KHAMMAM
