<br /> Date of Filing:15.09.2009<br /> Date of Order:23.03.2010<br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20<br /> <br /> Dated: 23nd DAY OF MARCH 2010<br /> PRESENT<br /> Sri. S.S. NAGARALE, B.A, LL.B. (SPL.), President.<br /> Smt. D. LEELAVATHI, M.A.LL.B, Member.<br /> Sri. BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member.<br /> <br /> COMPLAINT NO: 2215 OF 2009 <br /> <br /> Babina N.M.<br /> D/o lae Muthappa N.<br /> W/o Nanda Kumar,<br /> Aged about 33 yrs,<br /> R/at No.56/2, Gurukrupa,<br /> 6th Cross, Nanjappa Layout,<br /> Bangalore – 560 097.<br /> Complainant<br /> V/S<br /> 01. ICICI Prudential Life,<br /> Insurance Co., Ltd.,<br /> Regd. Off. ICICI prulife<br /> Towers, No.1089, Appasaheb<br /> Marathe marg., Prabhadevi<br /> Mumbai – 400 025.<br /> <br /> 02. ICICI Prudential Life,<br /> Insurance Co., Ltd.,<br /> “Soundarya Paramount”<br /> I Floor, Unit No.101,<br /> 5th Cross, Malleshwaram,<br /> Bangalore – 560 003.<br /> Opposite Parties <br /> <br /> ORDER<br /> By the President Sri. S.S. Nagarale<br /> <br /> This is a complaint filed under Section 12 of the Consumer Protection Act, 1986.<br /> 2. The facts of the case are that N.M.Chiran is the brother of the complainant. He had insured his life with Opposite Party and had paid opening premium of Rs.18,000/-. The said N.M.Chiran and his wife died in a road accident on 25/10/2006. They died issueless. The parents of Chiran predeceased him. The complainant is only the surviving member in the family. The complainant produced survivorship certificate and application issued by the Administrator General. The complainant being a sole surviving member is entitled to receive Rs.1,00,000/- on the life insured. Accordingly claim was preferred with Opposite Party and submitted all the necessary documents. The Opposite Party in their letter dated 08/02/2007 admitted the claim and asked her to send succession certificate or any certificate issued by the Competent Authority. She has sent the certificates. In spite of same, the Opposite Party failed to settle the claim and as such Opposite Party committed deficiency of service. Hence, the complaint. <br /> 3. After admitting the complaint, notice was issued to the Opposite Party. Notice was served on the Opposite Parties. Smt.Shanthakumari, Advocate had appeared on behalf of the Opposite Party. The matter has been posted for version or settlement. On 10/03/2010, the learned advocate for the Opposite Party Smt.Shanthakumari has fairly submitted that the Opposite Party is ready to accept the claim of the complainant and to pay Rs.1,00,000/- with 10% interest. Her submission is recorded in the order-sheet and she was appreciated for the fair submission. Therefore the matter was taken for orders. <br /> <br /> 4. There is absolutely no dispute between the parties that the brother of complainant N.M.Chiran had taken insurance policy from Opposite Party by paying Rs.18,000/- as premium amount. The complainant has produced statement of account of the ING Vysya Bank of N.M.Chiran to show that Rs.18,000/- has been paid as premium to the Opposite Party. The complainant has also produced the letter of Opposite Party dated 08/02/2007. In this letter the Opposite Party has fairly admitted the amount of Rs.1,00,000/- is payable on the death of Mr.N.M.Chiran. The only requirement asked by the Opposite Party is production of succession certificate or legal heir-ship certificate issued by Competent Court or Authority. The complainant has produced death certificate of N.M.Chiran. As per the certificate he had died on 25/10/2006. The complainant has produced certificate issued by Administrator General dated 21/07/2008. As per this certificate, the complainant Smt.Babina is the legal heir of deceased. The certificate has been granted to Smt.Babina N.M. – the present complainant by the Administrator General in accordance with the provisions U/s 29 of the Administrator General Act 1963 entitling the present complainant to receive, realize and deal with the assets of deceased N.M.Chiran. Therefore, there is absolutely no dispute whatsoever to admit the claim. The complainant has complied all the provisions of law. The complainant having obtained certificate from the Administrator General and she has been granted certificate to receive the assets of her deceased brother. So under these circumstances, the Opposite Party must pay Rs.1,00,000/- along with 10% form the date of this complaint till payment. In the result, I proceed to pass the following:- <br /> ORDER<br /> 1) The complaint is ALLOWED.<br /> 2) The Opposite Party is directed to pay Rs.1,00,000/- along with 10% interest on that amount from the date of this complaint till payment/realization.<br /> 3) The complainant is also entitled for Rs.1,000/- as costs of the present petition. <br /> 4) The Opposite Party is directed to send the amount to the complainant directly by way of D.D. or cheque within 30 days from the date of this order with intimation to this Forum<br /> 5) Send the copy of this Order to both the parties free of costs immediately. <br /> 6) Pronounced in the Open Forum on this 23rd DAY OF MARCH 2010. <br /> Order accordingly,<br /> <br /> PRESIDENT<br /> We concur the above findings. <br /> <br /> <br /> MEMBER MEMBER <br /> <br />