Between:

P.Chandramma, W/o Late K.Nagappa @ P.Nagappa,

H.No.89/194-2-5, Gattaiah Nagar, Shreef  Nagar, Kurnool.                          

                        …Complainant

                                                    -Vs-      

M/s Reliance Life Insurance Company,Represented by its Branch Manager,

Shop No.39 to 42, R.M.K. Plaza, Opp. Zilla Parishad, Kurnool – 518 004.

                                             ...Opposite ParTy

This complaint is coming on this day for orders in the presence of Smt.D.S.Saileela, Advocate for complainant and Sri.N.Isaiah, Advocate for opposite party and upon perusing the material papers on record, the Forum made the following.

                                    ORDER

(As per Sri. M.Krishna Reddy, Male Member)                                                             C.C. No.38/2012

1.     The complaint filed this case against opposite party under section 11 and 12 of C.P. Act, 1986 praying a direction for the payment of :-

(a)          Rs.2,00,000/- towards the sum assured with 24% per annum interest; 

(b)          Rs.10,000/- towards compensation for causing mental agony and hardship;

(c)           Rs.2,000/- as cost of the case.

2.    The case of the complainant is that she is the widow of Late K.Nagappa @ P.Nagappa.  Her husband worked as Record Assistant at Government Degree College, Kurnool and retired from service in the year 2009.  He died on 27-06-2011.  As per service register his initial was registered as “K” instead of “P”.  In the death certificate also the initial was recorded as “K” instead of “P”.  The husband of the complainant invested in Super Invest Assure Plus Plan of opposite party and paid three installments of Rs.20,000/- each.  As per the policy the sum assured is Rs.2,00,000/- and the complainant is the nominee.  Soon after the death of the insured the complainant approached opposite party for the payment of assured amount.  She was asked to produce notarized affidavit stating that K.Nagappa and P.Nagappa are the names of one and the same person.  She submitted notarized affidavit and other policy connected papers on 16-12-2011 by registered post.  As she did not receive any response from opposite party, she got issued legal notices on 05-01-2012 and 04-02-2012. As opposite party did not respond to the notices through received them this complaint is filed by the complainant claiming appropriate reliefs.    

3.     The complainant filed sworn affidavit and documents marked as Ex.A1 to A11 in support of her case. 

4.     Opposite party filed written version denying his liability to the complainants claim.  Opposite party stated that contract of insurance is a contract based on “uberrimae fidei” i.e. utmost good faith.  The persons seeking insurance having full knowledge of facts, has to disclose all facts and materials to the insurer at the time of proposal.  Opposite party submits that P.Nagappa, the insured, after reading and understanding the terms and conditions of the policy voluntarily singed on the proposal form and took the policy.  The policy is in the name of P.Nagappa, and the death certificate filed along with claim is in the name of K.Nagappa.  As both names in the policy and in death certificate are different the claim was denied by opposite party.  In the light of the above facts, the opposite party prayed for the dismissal of the case awarding Rs.10,000/- as cost. 

5.     Opposite party filed sworn affidavit and documents marked as Ex.B1 to B3 to prove her case.

6.     Both sides filed written arguments.

7.     Now the points that arise for consideration are:

                     i.        Whether the complainant made out a case against opposite party to prove her case?

                    ii.        Whether the complainant is entitled for any reliefs?

                  iii.        To what relief?

8.      POINTS i and ii :- Ex.B2, the common proposal form for life Insurance linked plan along with house hold card submitted by P.Nagappa.  Ex.B3, photo copy of customer photo identity form of P.Nagappa. Ex.A1 Reliance Super Invest Assure plus Plan (Policy Schedule) issued to the complainant’s husband.  As per Ex.A1 the sum assured is Rs.2,00,000/- with annual installment premium of Rs.20,000/-.  Ex.B1 and Ex.A8 are premium collection receipts from              08-05-2009 to 14-05-2011 for Rs.60,000/- in three installments.  Ex.A2 is the death certificate of K.Nagappa. As per Ex.A1, the nominee of Late P.Nagappa is Chandramma.  Ex.A4, the death claim submitted by Chandramma along with Ex.A3, the notarized affidavit dated                   25-08-2011.  Ex.A10 is the annual verification certificate of K.Nagappa.   Ex.A5 and Ex.A6 are legal notices dated 05-01-2012 and 04-02-2012.  As per the notices the complainant submitted claim papers by registered post on 16-12-2011 to opposite party who neither settled the claim nor repudiated it. 

        In view of the above mentioned documents it is clear that opposite party issued Reliance Super Invest Assure Plus Plan to Late P.Nagappa whose nominee is Chandramma.  The death of complainant’s husband occurred on 27-06-2011. The policy was in force and insurance protection was up to 08-05-2012.   In the death certificate filed by the complainant the name is noted as K.Nagappa instead of P.Nagappa.  The opposite party contended that the claim is not settled because the insurance protection, protects P.Nagappa but not K.Nagappa. The complainant contended that P.Nagappa and K.Nagappa are one and the same and in support of her contention Ex.A3, the notarized affidavit was also submitted to the opposite party.  On verification of all material evidences on records, Ramakistappa, the father’s name of the insured noted in the policy is matching with that recorded in the death certificate.  Hence the contention of the complainant that P.Nagappa and K.Nagappa are one and the same is acceptable.  From what is stated above the Forum holds that the complainant has proved deficiency on the part of opposite party, entitling her to receive the benefits of the policy. 

9.      Point No.iii:-The complainant claimed Rs.2,00,000/- with 24% per annum interest.  According to the policy, the death benefit payable is higher of sum assured or total fund value.  So the complainant is entitled for Rs.2,00,000/- (Higher of Sum Assured).  The interest of 12% per annum is granted instead of 24% per annum from 16-12-2011 the date on which claim papers were submitted.  The opposite party is also charged Rs.5,000/- as compensation for causing mental agony by not settling the claim.  

10.    In the result, the complaint is partly allowed directing the opposite party to pay (1) Rs.2,00,000/- with interest 12% per annum from 16-12-2011. (2) Rs.5,000/- compensation for mental agony and (3) Rs.1,000/- as cost of the case.  The time for compliance is one month from the date of receipt of this order. 

        Dictated to the stenographer, transcribed by her, corrected and pronounced by us in the open bench on this the 24^th day of August, 2012.

Sd/-                                   Sd/-                                   Sd/-        

MALE MEMBER                      PRESIDENT                 LADY MEMBER

                                 APPENDIX OF EVIDENCE

                                    Witnesses Examined

For the complainant : Nill            For the opposite party : Nill

List of exhibits marked for the complainant:-

Ex.A1                Reliance Super Invest Assure Plus (Policy Schedule).

Ex.A2.       Death Certificate issued by Registrar of Births and Deaths,

                Kurnool Municipal Corporation, Kurnool dated 07-07-2011.

Ex.A3                Notary Affidavit of the complainant dated 25-08-2011.

Ex.A4                Photo copy of Letter by complainant to opposite party.

Ex.A5                Office copy of Legal Notice dated 05-01-2012.

Ex.A6                Office copy of Legal Notice dated 04-02-2012.

Ex.A7                Postal Acknowledgement Card.

Ex.A8                Reliance Life Insurance First Premium Receipt

for Rs.20,000/- dated 08-05-2009.

Ex.A9                Photo copy of Death Claims Investigation Report

dated 15-06-2006.

Ex.A10       Photo copy of Government of Andhra Pradesh Annual

                Verification Certification dated 08-06-2010.

Ex.A11       Photo copy of Pass Boos Account No.31869565532 issue

                date 04-08-2011.

List of exhibits marked for the opposite party:-

Ex.B1                Photo copy of Rremium Collection Receipt Premium

                Deposit for Rs.20,000/- dated 08-05-2009.

Ex.B2                Photo copy of Common Proposal Form for Life

                Insurance Linked Plan along with House Hold Card.

Ex.B3                Photo copy of Customer Photo Identity Form of

                P.Nagappa.

Sd/-                                   Sd/-                                   Sd/-        

MALE MEMBER                 PRESIDENT                   LADY MEMBER

    // Certified free copy communicated under Rule 4 (10) of the A.P.S.C.D.R.C. Rules, 1987//

Copy to:-

Complainant and Opposite parties  :                               

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