This Complaint coming up before us for hearing on 02-11-11 in the presence of Sri G.J.R. Kumar, advocate for the complainant and of Sri P. Kishore, advocate for opposite party, upon perusing the material on record after hearing both sides 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 under section 12 of Consumer Protection Act seeking the insured amount of  Rs.1,50,000/- being nominee of the insured together with interest and for costs.

1.  In brief the averments of the complaint are these:

One Komerisetty Nancharaiah during his lifetime obtained the policy bearing No.LN100900031338 on 28-03-09 for Rs.1,50,000/- and paid premium of Rs.10,000/-.   The said policy is for the term of 15 years commencing from 28-03-09.   The complainant is none other than the wife of the said Nancharaiah.   The insured Nancharaiah died on 30-07-09 at Repalle   The complainant informed the death of her husband i.e., the insured to the opposite party along with relevant documents.   The opposite party without making any enquiry closed the claim of the complainant.   On 20-05-10 the complainant received a letter from the opposite party to the effect that the claim was closed as she failed to send the relevant claim forms.   Repudiating the claim of the complainant unilaterally amounts to deficiency of service.   The opposite party did not respond to the notice of the complainant issued dated 13-07-10.   The complaint therefore be allowed.

3.   The contention of the opposite party in brief is hereunder:

    The opposite party did not commit any deficiency of service.   The insured suppressed pre existing disease while taking the policy. In order to hide her latches the complainant merely stated that she submitted claim form and repudiated the claim.    There is no cause of action to file this complaint.   The complainant did not submit any claim forms with full details to the opposite party to process the claim.   The complaint is abuse of the Consumer Protection Act.  The complaint therefore be dismissed.

4.   Exs.A-1 to A-5 and Exs.B-1 and B-2 on behalf of complainant and opposite party were marked respectively.

5.   Now the points for consideration are:

1. Whether the opposite party committed deficiency of service?
2. To what relief?

6.   POINT No.1:-   The insured K. Nanchariah taking insurance policy from the opposite party is not in dispute.   K. Nancharaiah S/o Sivaiah died on 30-07-09  at Repalle as seen from Ex.A-2.   The complainant is the nominee under the said policy.   The opposite party under Ex.A-4 required the complainant to submit claim forms.  The complainant did not file any document to show when she sent the claim forms along with relevant documents to the opposite party.

7.     The opposite party under Ex.A-4 treated the matter as closed since the complainant did not submit the claim forms.   Under those circumstances it cannot be said that the opposite party committed deficiency of service.   We therefore answer this point against the complainant. 

8.    The death of the insured was on 30-07-09.   The complaint was filed on 05-03-11 i.e., in time.   Instead of dismissing the claim disposing off the complaint with certain directions will meet ends of justice.

9.   POINT No.2:-    In the result the complaint is disposed off with a direction to the complainant to submit claim forms along with documents to the opposite party within four weeks under acknowledgement and the opposite party is directed to process the claim further within four weeks from the date of receipt of the copy of the order.   There is no order as to costs.

 Typed to my dictation by Junior Stenographer, corrected by me and pronounced in the open Forum dated this the 5^th day of November, 2011.

MEMBER                                  MEMBER                        PRESIDENT

APPENDIX OF EVIDENCE

DOCUMENTS MARKED

For Complainant:

For opposite party:

PRESIDENT