Andhra Pradesh

Visakhapatnam-II

CC/136/2012

Devupalli Venkata Ramana - Complainant(s)

Versus

M/s Life Insurance Corporation - Opp.Party(s)

C. Uma Devi

20 Feb 2015

ORDER

                                              Date of Registration of the Complaint:01-05.2012

                                                                                                Date of Order:20-02-2015

BEFORE THE DISTRICT CONSUMERS FORUM-II AT

                             VISAKHAPATNAM

 

P  r  e  s  e  n  t:

1.  Sri H. Ananda Rao, M.A., L.L.B.,

     President           

2. Smt K. Saroja, M.A. B.L.,

     Lady Member 

                                3. Sri C.V. Rao,  M.A., B.L.,

                                     Male Member

 

                            Friday, the 20^th day of February 2015.

                                 CONSUMER CASE No.136/2012

Between:-

Sri Devupalli Venkata Ramana,

S/o late Ganapathi, Hindu, aged 41 years,

residing at D.No. 19-35-7, Rangireeju Veedhi,

Visakhapatnam.

….. Complainant

And:-

M/s. Life Insurance corporation of India,

represented by its Branch Manager, Office

situated at City Branch-4, Dabagardens,

Visakhapatnam.

                                                                                          …  Opposite Party    

                     

          This case coming on 05.02.2015 for final hearing before us in the presence of Sri Smt. C. Uma Devi and Sri M. Venkata Ramana, Advocates for the Complainant and Sri N. Prabhakar Rao, Advocate for the Opposite Party and having stood over till this date for consideration, this Forum made the following:

 

                                                ORDER

          (As per Sri. H. Ananda Rao, Honourable President, on behalf of the Bench)

 

1.       This consumer complaint is filed by the Complainant directing Opposite Party to refund the Policy amount bearing No.693993798 (Rs.1,00,000/- + Rs.1,00,000/- double premium) with accrued interest @ 24% p.a. from 10.04.2007, Rs.50,000/- towards compensation and Rs.5,000/- towards costs.

 

  2.     The case of the Complainant in brief is that he is the brother of late Devupalli Gandhi who died on 10.04.2007 and during his life time of Gandhi  took a Policy bearing No.693993798 on 26.10.2006 (Jeevan Mithra) from the Opposite Party for a sum of Rs.1,00,000/-  (double premium)  and the Complainant herein is his nominee and after the death of the Gandhi, the Complainant his brother approached the Opposite Party for policy amount but they did not pay thereafter on his letter, the Opposite Party sent a letter requesting him to submit the relevant documents and after sending them, no reply was given.

 

3.       That the Complainant’s brother had also taken a Policy bearing No.693857391 dated 06.10.2006 (LIC’s New Bima Gold) from the Opposite Party and the Complainant and his mother by name Smt. D. Lakshmi is nominee for the said policy and after the death of the Complainant’s brother,   the Opposite Party had paid the amount in the month of March, 2008.  Since no amount was paid to the prior policy this complaint is filed.  Hence, this Complaint.

 

4.       The case of the Opposite Party denying the material averments of the Complainant are that the claim under Policy bearing No.693993798 was paid to the Complainant which was settled for Rs.2,01,580/- on the return request by the complainant a new Policy bearing No.696722460 was issued in the name of Mr. D.V. Ramana  i.e., the Complainant and amount of Rs.51,545/- was deducted from the policy amount of Rs.2.01,580/- and the balance amount of Rs.1,50,000/- was settled and paid to the Complainant by way of cheque bearing No.779097 dated 02.07.2012  and the same was handed over to him on 02.07.2012.   Thus there is no deficiency in service as contended by the Complainant  and  there are no merits in the Complaint and it is liable to be dismissed.

 

5.       To prove the case of the Complainant, he filed his evidence affidavit   and got marked as Exs.A1 to A11.   On the other hand, on behalf of the Opposite Party, he filed his evidence affidavit and got marked as Exs.B1 to Ex.B4.

 

6.       Ex.A1 is the photo copy Policy Bond bearing No.6939933798 in favour of D. Gandhi issued by the Opposite Party dated 26.10.2006.   Ex.A2 is the Date of Birth Certificate of D. Gandhi issued by GVMC on 09.04.2012.   Ex.A3 is the photo copy of Death Information Certificate issued by the Visakhapatnam Christian Cemeteries Board on 24.11.2009.   Ex.A4 is the office copy of letter addressed by the Complainant to the Opposite Party dated 23.11.2009.   Ex.A5 is the letter sent by the Opposite Party to the Complainant dated 30.01.2010.   Ex.A6 is the Office copy of Registered Lawyer’s Notice issued by the Complainant’s counsel to the Opposite     Party dated 10.08.2010.   Ex.A7 is the acknowledgement Card.  Ex.A8 is the Claimant’s Statement of the Complainant dated 10.04.2007.   Ex.A9 is the photo copy of Claim Statement issued by the Opposite Party dated 09.02.2010.    Ex.A10 is the photo copy of Policy bearing No.693857391 in favour of D. Gandhi dated 16.10.2006.   Ex.A11 is the Office copy of Registered Lawyer’s Notice issued by the Complainant’s counsel to the Opposite Party dated 10.07.2012.

 

7        Ex.B1 is the attested copy of letter issued by the Complainant to the Opposite Party dated 27.06.2012.   Ex.B2 is the attested copy of letter issued by the Complainant to the Opposite Parties dated 27.06.2012.   Ex.B3 is the attested copy of Status Report of Policy No. 696722460 issued by the Opposite Party in favour of the Complainant dated 09.10.2012.  Ex.B4 is the letter issued by the Complainant to the Opposite Party dated 27.06.2012.

 

8.       Both parties filed their respective written arguments.

9.       Heard oral arguments from both sides.

 

10.     Now the point that arises for determination is:-

Whether there is any deficiency in service on the part of the Opposite   Party and the Complainant is entitled for the reliefs for?

 

11.     Exs.B1 and Ex.B4 go to show on the return request by the Complainant vide letter dated 27.06.2012 a new Policy bearing No.696722460 was issued in the name of the present complaint for an amount of Rs.51,545/- after it was deducted from out of the total policy amount of  Rs.2,01,580/-.   The remaining amount of Rs.1,50,035/- was  paid to the Complainant by way of Cheque bearing No.77909 dated 02.07.2011 in respect of policy bearing No. 693993798.

 

12.     The record clearly goes to show the date of death of the policy holder was on 10.4.2007 whereas the date of intimation to the Opposite Party was on 24.11.2009 i.e., after 2 years 7 months.   Thus it is clear the Complainant has not informed about the death of the policy holder, immediate to the death which resulted, the nominee was asked by the Opposite Party to get some documents in the 3^rd week of June, 2012, and they were submitted by the nominee and after receiving them on verification of the policy the amount was handed over on 02.07.2012.    From all these facts and circumstances, it is very clear that there is no deficiency in service on the part of the Opposite Party.

 

13.     The record clearly goes to show that after filing of the complaint the Opposite Party paid the policy amount to the Complainant as sought for herein.   It is the duty of the Opposite Party to pay the policy amount to the Complainant when the Opposite Party knows the fact that the policy holder died or when the Complainant claimed or when he issued Registered Lawyer’s Notice dated 10.08.2010 but after filing this case, the Opposite Party had paid the amount, as such, the Complainant is entitled for the litigation expenses borne out by the Complainant.   Accordingly an amount of Rs.5,000/- was granted towards costs of the Complainant.

 

14.     In the result, the Complaint is allowed in part directing the Opposite Party to pay an amount of Rs.5,000/- (Rupees five thousand only) towards costs of the litigation and the rest of the reliefs claimed are hereby dismissed.

     Dictated to the Steno, transcribed by him, corrected and pronounced by us in the Open Forum, this the 20^th day of February, 2015.

   Sd/-                                       Sd/-                                             Sd/-

Male Member                      Lady Member                                 President

 

                                      

APPENDIX OF EVIDENCE

For the Complainant:-

NO.	DATE	DESCRIPTIONOFTHEDOCUMENTS	REMARKS
Ex.A01	26.10.2006	Policy Bond bearing No.6939933798 in favour of D. Gandhi issued by the OP	Photo copy
Ex.A02	09.04.2012	Date of Birth Certificate of D. Gandhi issued by GVMC	Original
Ex.A03	24.11.2009	Death Information Certificate issued by Visakhapatnam Christian Cemeteries Board	Photo copy
Ex.A04	23.11.2009	Letter addressed by the complainant to the OP	Office copy
Ex.A05	30.01.2010	Letter sent by the OP to the Complainant	Original
Ex.A06	10.08.2010	Registered Lawyer’s Notice issued by the Complainant’s counsel to the OP	Office copy
Ex.A07		Acknowledgement	Original
Ex.A08	10.04.2007	Claimant’s Statement of the Complainant	Original
Ex.A09	09.02.2010	Claim Statement issued by the OP	Office copy
Ex.A10	16.10.2006	Policy bearing No.693857391 in favour of D. Gandhi	Original
Ex.A11	10.07.2012	Registered Lawyer’s Notice issued by the Complainant’s counsel to the OP	Office copy

For the Opposite Party:-

NO.	DATE	DESCRIPTIONOFTHEDOCUMENTS	REMARKS
Ex.B01	27.06.2012	Letter issued by the Complainant to the OP	Attested copy
Ex.B02	27.06.2012	Letter issued by the Complainant to the OP	Attested copy
Ex.B03	09.10.2012	Status Report of Policy No.696722460  issued by the OP in favour of the Complainant	Attested copy
Ex.B04	27.06.2012	Letter issued by the Complainant to the OP	Original

 

   Sd/-                                       Sd/-                                                Sd/-

Male Member                       Lady Member                                   President