DISTRICT CONSUMER DISPUTES REDRESSAL FORUM PALAKKAD

Dated this the 14^th  day of  August 2012

Present : Smt.Seena H, President

            : Smt. Preetha.G. Nair, Member

            : Smt. Bhanumathi.A.K, Member              Date of filing: 29/02/2012

(C.C.No.41/2012)

Kavitha,

W/o.Late N.V.Jayaraman,

Jawaharnagar, Kurudikkad,

Pudussery Village,

Palakkad                                                       -        Complainant

(By Adv.R.Manikandan)

V/s

1. Muthoot Money Pvt.Ltd.,

   Rep.by Manager,

   Kanjikode Branch, Kanjikode.

 (By Adv.Kamesh.J)

2.Muthoot Money Pvt.Ltd.,

   Rep.by Manager,

   Muthoot Chambers,

   Opp.Saritha Theatre Complex,

   Banerji Road,

   Cochin – 682 017

(By Adv.Kamesh.J)

3.M/s.Bharti Axa General Insurance Co.Ltd.,

   Rep.by Manager,

   First Floor, Ferns Icon Survey No.28,

   Next to Akmeballet, Doddanekundi,

  Off Outer Ring Road, Bangalore                             -        Opposite parties

O R D E R

By Smt.PREETHA G NAIR, MEMBER

The complainant is the wife of N.V.Jayaram who expired on 8/12/2010 in a motor vehicle accident. He had taken Muthoot Power Cash Access Card from the 2^nd opposite party through the 1^st  opposite party. As per the terms of the agreement  subscriber to Muthoot Power Cash Access Card is having a individual life insurance coverage by virtue of the policy issued by the 3^rd opposite party. On the basis of the card the life of N.V.Jayaraman is covered by the policy of insurance issued by 3^rd opposite party. N.V.Jayaram died in a motor vehicle accident on 8/12/2010. The complainant informed the death of N.V.Jayaram with 1^st opposite party’s office and made the claim immediately that  is within two weeks through her relative. Moreover since there was a gold loan from the 1^st opposite party’s office, on 10/01/11 the complainant directly went to the office and submitted the claim application. Then she was told that the matter is informed to 2^nd opposite party and they are dealing with the insurance matter. But the complainant did not receive any information from the 2^nd opposite party. She approached 1^st opposite party on several occasions and issued reminders on 3/6/11 and 6/6/11. She was told that the 2^nd opposite party had delayed to supply the information with 3^rd opposite party and hence she will not get the insurance claim.

On 21/6/2011 the complainant filed an application and as directed by the 1^st opposite party, the complainant had surrendered the Money Power Cash Access Card and given the related documents regarding the death of N.V.Jayaram  to 2^nd opposite party. Again sent  a  reminder on 15/9/11. But she received a letter from 3^rd opposite party on 16/11/2011 that her claim for insurance stands rejected since the death of the insured person was not given written notice with full particulars within one calendar month after the  death. The complainant had informed the death of N.V.Jayaram in writing to the first opposite party immediately. Since the opposite parties had obtained money from N.V.Jayaram they are bound to render proper service to the complainant. N.V.Jayaram died in a motor vehicle accident leaving the complainant and minor children as his legal heirs. Hence  she could not take immediate legal action. The rejection of claim of the complainant by the opposite parties amounts to deficiency in service. Hence the complainant prays an order directing the opposite parties to pay the   amount due as per the insurance policy as Rs.1,00,000/- and pay Rs.50,000/- as compensation  for mental agony and cost of the proceedings.

1^st and 2^nd opposite parties filed version stating the following contentions. The complaint is not maintainable since it involves claim for insurance compensation, which can only be claimed from Motor Accident Claims Tribunal. It is true that N.V.Jayaram  was a customer of 2^nd opposite party and had taken Muthoot Power Cash Access Card and it is also true that the subscriber to the Muthoot Power Cash Access Card is having an individual life insurance coverage. Further stated that in order to avail that insurance coverage the subscriber has to strictly follow the terms and conditions of the scheme. More over it is a free scheme available to the subscriber who had taken the Muthoot Power cash access card. No consideration is paid to opposite parties for giving the insurance coverage to the complainant. But the complainant did not received any information from the 2^nd opposite party. The complainant approached 1^st opposite party on several occasions and issued reminder on 3/6/11, 6/6/11 and when the reminder was given to on 6/6/11, she was told that the 2^nd opposite party had delayed to supply the information with 3^rd opposite party and hence she will not get the insurance claim etc., are all false and hence denied. The say of the complainant is that she filed an application on 21/6/12 and as directed by 1^st opposite party is false and denied. It is true that the complainant had surrendered the Money Power Cash Access Card and given the death certificate of N.V.Jayaram, Postmortem Certificate, copy of F.I.R. relationship certificate and photocopy of the ID card to 2^nd opposite party. All these documents are handed over immediately to 3^rd opposite party. It is false that the complainant sent a reminder on 15/9/11. The opposite parties are liable to pay the complainant as per the insurance policy as Rs.1,00,000/- etc. are all false and hence denied. There is no deficiency in service from the side of 1^st and 2^nd opposite parties and the insurance coverage is given by 3^rd opposite party. Hence opposite parties 1 & 2 prayed that dismiss the complaint with cost.

3^rd opposite party was set exparte. Complainant and 1^st and 2^nd opposite parties filed affidavit. Ext.A1 to A3 marked on the side of the complainant. No documentary evidence produced by the opposite parties. Matter was heard.

Issues to be considered are

1.    Whether complainant is a consumer under the Consumer Protection Act ?

2.    Whether there is any deficiency in service or unfair trade practice on the part of opposite parties ?

3.    If so, what is the relief and cost ?

Issue No.1

According to opposite parties claim for life insurance compensation which can only be claimed from Motor Accident Claims Tribunal. As per the Consumer Protection Act and the amendments there on insurance  matters are specifically brought under the provisions of Consumer Protection Act. We find that the non settlement of claims can definitely  be a subject matter for adjudication by the Consumer Forum. Hence complainant is consumer under Consumer Protection Act. So the 1^st issue answered in favour of the complainant.

Issue No.2 & 3

Heard both parties and perused relevant documents on record. 1^st and 2^nd opposite parties admitted that N.V.Jayaram was a customer of 2^nd opposite party and had taken Muthoot Power  Cash Access Card and the card is having an individual life insurance coverage. 1^st and 2^nd opposite parties admitted that the complainant had surrendered the Money Power Cash Access Card and given the death certificate of N.V.Jayaram Postmortem Certificate, copy of F.I.R., relationship certificate and photocopy of the ID card to them. Further stated that all these documents are handed over immediately to the 3^rd opposite party. The 3^rd opposite party has not filed version and affidavits. No document produced by the opposite parties. The complainant stated that there was a gold loan from the 1^st opposite party and she directly went to their office on 10/01/2011 and submitted the claim application. No contradictory evidence produced by the opposite parties. The complainant was not cross examined by the opposite parties. The complainant has not produced evidence to show the policy. The opposite parties had not raised any objection regarding the insurance. Moreover the 1^st and 2^nd opposite parties stated that the insurance coverage is given by the 3^rd opposite party.  The opposite parties had raised no objection regarding the due amount of the insurance policy of Rs.1,00,000/-. The main allegation of opposite parties mentioned in Ext.A1 for the repudiation  of claim that death of Mr.N.V.Jayaram on 8/12/10 in road traffic accident was intimated on 11/7/11 after delay of 215 days. Ext.A2 shows that 2^nd opposite party received the Money Power Access Card on 30/6/2011 from the complainant. The complainant has not produced evidence to show the date of claim application given to the opposite parties. Also the opposite parties had not produced the insurance policy conditions to show that claim intimation of death given within one calendar month after the death. No documentary evidence  related to policy conditions was produced by the opposite parties.

Ext.A3 is the copy of the death certificate of N.V.Jayaram. 1^st and 2^nd opposite parties admitted that documents related to death of Jayraram  was given to them. But the opposite parties not produced documents to show that the intimations to death of N.V.Jayaram given by the complainant after delay of 215 days. No legalheirship  certificate  produced by the complainant.

In the above discussions we are of the view that there is deficiency in service on the part of opposite parties. In the result complaint allowed.

We direct the 3^rd opposite party to pay the complainant an amount of Rs.1,00,000/- (Rupees One lakh only) as claim amount. Also opposite parties are jointly and severally directed to pay Rs.10,000/- (Rupees Ten thousand only) as compensation for mental agony and pay Rs.1,000/- (Rupees One thousand only) as cost of the proceedings to the complainant. Ordered amount shall be paid  after receiving the legalheirship certificate and consent letter of the legal heirs authorizing the complainant to receive the amount.

Order shall be complied within two weeks  from the date of receipt of legalheirship certificate and consent letter, failing which the complainant is entitled for 9% interest per annum for the whole amount from the date of order till realization.  

Pronounced in the open court on this the 14^th  day of August  2012.

                                                                                Sd/-

Seena H

President

     Sd/-

Preetha G Nair

Member

      Sd/-

Bhanumathi.A.K.

Member

APPENDIX

Exhibits marked on the side of the complainant

Ext.A1 – Photocopy of letter dated 15/9/11 sent by 3^rd opposite party to 2^nd

             opposite party

Ext.A2 – Photocopy of letter dated 30/6/2011 sent by complainant to 2^nd

             opposite party

Ext.A3 – Copy of Death Certificate of Jayaram

Exhibits marked on the side of the opposite party

Nil

Cost Allowed

Rs.1,000/- allowed as cost of proceedings.

CONSUMER DISPUTES REDRESSAL FORUM

PALAKKAD, KERALA

Dated this the 30^th day of March, 2013.

Present: Smt. Preetha. G. Nair, Member

: Smt. Bhanumathi. A.K, Member Date of filing: 29/02/2012

CC /41/2012

Kavitha,

W/o. Late N. V. Jayaraman, Jawahar Nagar, - Complainant

Kurudikkad, Pudussery Village,

Palakkad Taluk, Palakkad.

(By Adv. R. Manikandan)

Vs

1. Manager, - Opposite parties

Muthoot Money Pvt. Ltd.,

Kanjikode Branch, Kanjikode,

Pudussery Central Village, Palakkad Taulk,

Palakkad.

( By Adv. Kamesh.J)

2. Manager,

Muthoot Money Pvt. Ltd, Muthoot Chambers,

Opp. Saritha Theatre Complex, Banerji Road,

Cochin – 682 017

( By Adv. Kamesh.J)

3. Manager,

M/s. Bharti Axa General Insurance Co. Ltd.,

First Floor, Ferns Icon, Survey No. 28,

Next to Akmeballet, Doddanekundi,

Off Outer Ring Road, Bangalore.

(By Adv. P. Prasad)

O R D E R

BY SMT. PREETHA.G.NAIR, MEMBER

Complaint in brief :-

Complainant and opposite party no.3 represented. Complainant counsel submitted that matter settled. Joint memo filed on behalf of the complainant and opposite party no.3 stating that complainant received the Demand Draft for Rs. 53,000/- ( Rupees Fifty three thousand only) from 3^rd opposite party and may be recorded the full satisfaction of the claim. Hence complaint disposed as settled.

Pronounced in the open court on this the 30^th day of March, 2013. Sd/-

Smt. Preetha.G.Nair

Member

Sd/-

Smt. Bhanumathi.A.K

Member