This Complaint coming up before us for hearing on 16-12-11 in the presence of Sri Ch. J. Vijay Kumar, advocate for complainant opposite party remained absent and set exparte, upon perusing the material on record and having stood over till this day for consideration this Forum made the following:-

O R D E R

Per Sri A. Hazarath Rao,  President:-

        The complainant filed this complaint u/s 12 of CPA seeking assured amount of Rs.3,00,000/-, Rs.50,000/- as damages and Rs.50,000/- as costs.

2.  In brief averments of the complaint are these:

        Complainant’s mother obtained a policy bearing No.396771768 for Rs.3,00,000/- from the opposite party showing the complainant as a nominee. Complainant’s mother died on 19-10-09.   The complainant in the month of December, 2009 approached the opposite party requesting the assured amount. The opposite party has been postponing the payment of assured amount on some pretext or other.   The complainant on 12-05-11 got issued notice to the opposite parties.  The opposite party managed to return the notice.   The above attitude of the opposite party put the complainant to mental agony and financial constrains and amounted to deficiency of service.   The complaint therefore be allowed.

3.   The opposite party remained exparte. 

4.   Exs.A-1 to A-8 were marked on behalf of the complainant.

5.   Now the points that arose for consideration in this complaint are:

          1.  Whether the opposite party committed deficiency of service?

        2.  Whether the complainant is entitled to compensation?

        3.   To what relief?

6.  POINTS 1 & 2:-   Ex.A-3 & A-4 revealed that Smt S. Ratna Kumari took insurance policy from the opposite party on 20-04-09 for Rs.3,00,000/- and paid premium of Rs.10,74,684/- and the next premium was due on 20-10-09.  Exs.A-5 & A-6 revealed that the insured died on 19-10-09.    No where in Ex.A-7 notice or in the complaint or affidavit it was mentioned that the complainant sent requisite claim form along with other relevant documents.  Under those circumstances it cannot be inferred that the opposite party committed deficiency of service.   Therefore the complainant is also not entitled to any compensation.   Hence these points are answered against the complainant.

7.  POINT No.3:-   The complainant filed this complaint on 28-09-09 i.e., within two years of the death of the insured.  Instead of dismissing the complaint disposing it with certain directions will meet ends of justice.

        In the result the complaint is disposed off

1. Directing the complainant to submit claim forms along with relevant documents to the opposite party under acknowledgment within four weeks from the date of receipt of order.
2. Directing the opposite party to process the claim further by four weeks after receipt of claim form along with relevant documents from the complainant.
3. There is no order as to costs.

Typed to my dictation by Junior Stenographer, corrected by us and pronounced in the open Forum dated this the 16^th day of              December, 2011.

MEMBER                                 MEMBER                          PRESIDENT

APPENDIX OF EVIDENCE

DOCUMENTS MARKED

For Complainant:

For opposite party :   NIL

     PRESIDENT