IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Tuesday the 31st day of May, 2011
Filed on 17.12.10
Present
- Sri. Jimmy Korah (President)
- Sri. K. Anirudhan (Member)
- Smt. Shajitha Beevi (Member)
in
C.C.No.360/10
between
Complainant:- Opposite Party:-
Sri.K.J.Varghese, Max New York Life Insurance Co.Ltd.,
S/o Joseph, Rep. by its Manager,
Nalpathil, Branch Office,
Chathurthiakari.P.O., Alappuzha. Alappuzha.
(By Adv.V.Alex Joseph)
O R D E R
SRI.JIMMY KORAH (PRESIDENT)
The complainant case is as follows: - The complainant's son was working as the Manager of the opposite party. His monthly remuneration was Rs.1,00,000/-(Rupees one lac only). Sad to say, the complainant's son met with a road accident and succumbed to the injuries sustained therein. The complainant is entitled to Rs.10,00,000/-(Rupees ten lacs only), the accident death benefit of his son. The opposite party assured the complainant that benefit amount would be paid shortly, but is still reluctant to act as assured. The complainant visited the opposite party time and again which yielded no result. The complainant, at length on 25th June 2010 caused to issue a lawyer notice. The same also aroused no meaningful response from the opposite party. Got aggrieved on this, the complainant approached this Forum for compensation and other relief.
1. Notice was sent. The opposite party was not keen on appearing before this Forum. Resultantly, the opposite parties were set exparte.
2. The evidence of the complainant consists of the testimony of the complainant filed proof affidavit and the documents Exbts Al to A5 were marked.
3. The sole question arises, on the basis of the contentions in the compliant for consideration is:-
Whether the complainant is entitled to the relief sought for in the complaint?
4. We went through the materials brought on record by the complainant. The complainant duly produced Exbt. A1 letter from the opposite party unambiguously offering to pay the death benefit of Rs.10,00,000/-(Rupees ten lacs only), to the complainant. There after, the opposite party indisputably refused to make the payment the complainant is duly entitled to. Needless to say, the opposite party inflicted deficiency of service. Naturally, the complainant sustained mental agony at the hands of the opposite party. As we have already observed, the opposite party was neither keen on appearing before this forum nor rebutted the evidence let in by the complainant. Needless to say the complainant's evidence stands unchallenged and we have no course open but to accept the evidence of the complainant.
In view of the facts and circumstance of the instant case, the opposite party is directed to pay the complainant the accident death benefit Rs.l0,00,000/-(Rupees ten lacs only), with 09% interest p.a. from the date of the death of the complainant's son till its payment or recovery. The opposite party is further directed to pay a compensation of Rs.25,000/-(Rupees twenty five thousand only) to the complainant. The opposite party shall comply with the order within 30 days of receipt of this order.
Complaint stands disposed accordingly. No order as to cost.
Pronounced in open Forum on this the 31st day of May, 2011.
Sd/-Sri. Jimmy Korah
Sd/-Sri. K. Anirudhan
Sd/-Smt. N. Shajitha Beevi
Appendix:-
Evidence of the complainant:-
Proof affidavit in lieu of position
Ext. A1 - The copy of the letter issued from the opposite party dated, 11.09.2008
Ext. A2 - The copy of the Advocate Notice dated, 25.06.2010
Ext. A3 - The Acknowledgment Card
Ext. A4 - The copy of the Post-Mortem Certificate
Ext. A5 - The copy of the Death Certificate
Evidence of the opposite party:-Nil
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite Parties/S.F.
Typed by:- k.x/-
Compared by:-
