BEFORE THE DISTRICT FORUM: KURNOOL

Present: Sri. T. Sundara Ramaiah , B.Com B.L., President

And

Sri. M.Krishna Reddy, M.Sc., M.Phil., Male Member

Monday the 22^nd day of November , 2010

C.C.No 09/10

Between:

Balusa Naga Kumari, D/o. B. Rama Lakshmamma, Rep., by her natural Guardian Father B. Madan Mohan,

Resident of H.No.4-37, Near M.R.O .Office, Miduthur Post  -518 405,

Kurnool District                                         

   …Complainant

                                  -Vs-

1. M/s. HDFC Standard Life Insurance Co., Ltd., Rep., by its Head -Operations,

50/1/FD1, First Floor, Adil Complex, Above Honda Show Room, Bellary Road, Kurnool - 518 003.

2.M/s. HDFC Standard Life Insurance Co., Ltd.,Rep, by its Managing Director,

5^th Floor, Eureka Towers, Mind Space Comple, Link Road, Malad (West),  MUMBAI - 400 064.                 

      …Opposite  ParTIES

         This complaint is coming on this day for orders in the presence of Sri. M. Sivaji Rao,  Advocate, for complainant, and opposite party No.1 is called absent set ex-parte  and Sri. Shaik Chand Basha, Advocate for opposite party No.2 and upon perusing the material papers on record, the Forum made the following.

ORDER

(As per Sri. T.Sundara Ramaiah, President)

C.C. No.09/10

1. This complaint is filed under section 11 & 12 of C. P. Act, 1986 praying to direct the OPs

1.   to pay the assured amount of Rs.4,00,000/- along with units

amount and other benefits mentioned in the policy schedule with interest.

1.   to pay a sum of Rs.50,000/- towards compensation for

  causing mental agony  

1.   to pay the costs of this complaint.
2.   to pass any other relief or reliefs that are deem to be fit and 

 proper in the circumstances of the case.

(2)   The case of the complainant is as under :- The complainant is the minor daughter of deceased B.Rama Lakshmamma. The deceased took the policy from the OP to meet all financial necessities and marriage expenses of her daughter in the event of unexpected death to her. The insured nominated the minor complainant as the nominee of the policy. The complainant being the minor is represented by her natural guardian i.,e the father B.Madan Mohan . As per the terms and conditions of the policy in case of death of insured the nominee will be  entitled for a assured sum of Rs.4,00,000/- and the policy continuous to be inforce till the expiry date.  After taking the policy on               30-11-2006 the insured died due to heart attack in Midthur Village . After the death of the insured her husband informed the same to OP.No.1. The OP supplied claim form to the complainant on             06-02-2009. Thereafter the complainant submitted the claim along with required documents to OP.No.2. Even after eight months the OP neither paid the amount nor repudiated the claim. Due to non settlement of claim the complainant is suffering mental agony.  Hence the complaint.      

3.     OP.No.1 remained ex-parte. OP.No.2 filed written version stating that the complaint is not maintainable. The complainant failed to submit all relevant papers to OP.No.2 within the time. The delay in payment of compensation amount is due to laches on the part of the complainant .The complainant agreed to receive Rs.4,00,000/- in full and final settlement of the claim. The complainant acknowledged the same by executing a discharge voucher dated 07-05-2010. The complainant agreed to withdraw the complaint but did not with draw it with malafide intention. The complaint is liable to be dismissed.        

  4.   On behalf of the complainants Ex.A1 to A6 are marked and the sworn affidavit of the complainant is filed.  On behalf of the opposite party No.2  Ex.B1 is  marked and the sworn affidavit of OP is filed

5.     Both sides filed written arguments.  .

6.     The points that arise for consideration are      

(i)     whether there is deficiency of service on the part of the OP ?

(ii)    whether the  complainant is entitled to the reliefs as prayed for?

(iii)    To what relief?

7. Point No.1 & 2:  Admittedly B.Rama Lakshmamma mother of B.Naga Kumari obtained policy from the OP on 23-11-2006 . Ex.A1 is the copy of the said policy. Premium is payable half yearly and the term of the policy is 15 years. The beneficiary under the policy is B.Naga Kumari minor daughter of the insured. It is also mentioned in the said policy that in the event of death of the life assured, the  appointee shall be entitled to receive the money secured by the policy on behalf of the beneficiary during the beneficiaries minority. It is the case of the complainant that the insured Rama Lakshmamma died on 30-11-2006. Ex.A3 is the death certificate of Rama Lakshmama issued by Panchayat Secretary , Miduthur (v) . Admittedly after the death of the insured the complainant sent claim form to the OPs. As the Ops did not settle the claim of the complainant, the complainant field the present complaint. The non settlement of the claim of the complainant by the OP within reasonable time amounts to deficiency of service.

8.     It is the case of the OPs that during the pendency of the complaint the complainant received cheque for Rs.4,00,000/- and issued a discharge voucher  dated 07-05-2010 . Ex.B1 is the copy of the  said discharge voucher . It is not the case of the complainant that the cheque for Rs.4,00,000/- was not received from the OP.No.2. In the sworn affidavit of Madan Mohan guardian of the complainant it is mentioned that on 08-05-2010 the OP paid assured amount and obtained his signature without informing the contents in the form. As seen from Ex.B1 copy of the discharge voucher it is very clear that the signature of the Madan Mohan was obtained in the presence of surpanch of Miduthur (V). The signature of Madan Mohan is attested by the surpanch of the village. The complainant failed to establish that the OP played fraud in obtaining his signature. The guardian of the complainant is a educated person. The amount was received by the appointee on behalf of the complainant who is a minor. The complainant having received Rs.4,00,000/- in full and final settlement of the claim during the pendency of the complaint , now can not contend  that the OP played fraud and obtained his signature on the form without informing its contents. As the complainant received the assured amount of Rs.4,00,000/- in full and final settlement of the claim the complainant is not entitled to the reliefs as prayed for .          

9.Point No3:   In the result the complaint is dismissed . In the circumstances no costs.  

Dictated to the stenographer, transcribed by her, corrected and pronounced by us in the open bench on this the 22^nd day of November, 2010.

     MALE MEMBER                                                  PRESIDENT

         APPENDIX OF EVIDENCE

Witnesses Examined

For the complainant : Nil            For the opposite parties : Nil

List of exhibits marked for the complainant:-

Ex.A1.       Photo copy of HDFC Unit linked young star plus policy schedule dt. 23-11-2006.

Ex.A2.       Photo copy of Unit Statement dt. 23-11-2006.

Ex.A3.       Death Certificate.

Ex.A4.       Office copy of legal notice dt. 15-11-2008.

Ex.A5.       Photo copy of Fax receipt and bill dt. 15-11-2008.

Ex.A6.       Memo filed by OP in C.C. 189/2008

List of exhibits marked for the opposite parties:

Ex.B1.       Photo copy of Discharge voucher dt.07-05-2010

         MALE MEMBER                                                                    PRESIDENT

// 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

Copy was made ready on :

Copy was dispatched on   :