THE DISTRICT CONSUMAR DISPUTES REDRESSAL FORUM No.419, Ist Floor,. H.N. Gowda Building, M.B.Road, Kolar-563101 consumer case(CC) No. CC/10/17
Muni VenkataRayappa
...........Appellant(s)
Vs.
Managing Director,
...........Respondent(s)
BEFORE:
Complainant(s)/Appellant(s):
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
ORDER
CC Filed on 02.02.2010 Disposed on 19.05.2010 BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KOLAR. Dated: 19th day of May 2010 PRESENT: Sri. G.V. HEGDE, President. Sri.T.NAGARAJA, Member. Smt. K.G.SHANTALA, Member. --- Consumer Complaint No. 17/2010 Between: 1. Munivenkatarayappa, S/o Narayanappa, Aged about 46 years, 2. N. Balaji, S/o Munivekatarayappa, Aged about 27 years. Both are R/o Ajjakadirenahalli Village, Basettihalli Hobli, Abloodu Post, Sidlaghatta Tq. Chickballapur Dist. (By Advocate Sri. K. Narasimha Gowda) V/S 1.Managing Director, Agri gold Farm Estates India (Pvt.) Ltd., Regd. & Admn. Office, 40-1-21, 4th Floor, Catholic Complex, M.G. Road, Vijawada-520 010. 2.The General Manager, Agri gold Farm Estates India (Pvt.) Ltd., Regd. & Admn. Office, 40-1-21, 4th Floor, .Complainants Catholic Complex, M.G. Road, Vijawada-520 010. 3. The Branch Manager, Agri Gold Farm Estates India (Pvt.) Ltd., Chickballapur Branch, Chickballapur Dist. .Opposite Parties ORDERS This is a complaint filed under section 12 of the Consumer Protection Act, 1986 praying for a direction against the opposite parties to pay Rs.1,00,000/- towards the amount due under insurance policy with bonus interest, etc., 2. The material facts of complainants case may be stated as follows: The complainant No.1 is the husband of deceased Manjulamma and second complainant is their son. Manjulamma had purchased Agri Gold bond under the scheme OWN A LAND sponsored by Agri Gold a company registered under Companies Act. The OPs represent the said Agri Gold company at different places shown in the cause title. 3. Deceased Manjulamma purchased the said bond from OPs on 12.04.2005 by paying Rs.50,000/-. The bond provided to give a plot measuring certain dimension after 6 ½ years from 12.04.2005. Further the bond also provided accidental insurance benefit to the extent of Rs.1,00,000/- to the holder of the bond. The complainants are shown as nominees to receive the insurance amount in the event of the accidental death of Manjulamma. 4. During the subsistence of this agreement the said Majulamma met with road traffic accident on 03.04.2007 within the limits of Dhibburalli Police Station and succumbed to the injuries on the same day. The concerned police registered Crime No. 17/2007 against offending vehicle for offences under section 279, 337, 304A of I.P.C. 5. The complainants have alleged that soonafter the death of Manjulamma they made a claim before OP.3 where the Agri Gold bond was taken, but the claim was not settled inspite of furnishing all particulars and documents. The complainants also got issued legal notice to OPs. Thereafter they filed the present complaint. 6. The OPs appeared through Advocate. Thereafter both parties agreed for settlement of the claim and the OPs came forward to pay Rs.1,00,000/- in full satisfaction of the claim made in the complaint, for which the complainants agreed. The Learned Counsel for OPs pointed out that the OPs have some valid defences but they do not want to press those defences as the complainants have come forward for the settlement. For the above reasons we pass the following: O R D E R The complaint is allowed. The OP shall pay Rs.1,00,000/- to complainants within 15 days from the date of this order. In default the OPs shall pay interest at 10% p.a. on Rs.1,00,000/- from the date of default till the date of payment. The parties shall bear their own costs. Dictated to the Stenographer, corrected and pronounced in open Forum this the 19th day of May 2010. MEMBER MEMBER PRESIDENT
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