Between:

Smt.Chakali Yellamma, W/o Late Chakali Pedda Gurappa,

D.No.40/21, R/o Ankireddy Palli Village, Kolimigundla Mandal – 518 166, Kurnool District.                                               

…Complainant

                                                    -Vs-      

   1.  Oriental Insurance Company Limited,Represented by its Divisional Manager, Divisional Office,

 D.No.40/383, P.B.No.33, Bhupal Complex, Park Road, Kurnool District – 518 001.

   2.  The Hanumanthu Gundam Primary Agricultural        Co-Operative Credit Society Bank Limited, Q.No.257, Represented by its Secretary,

   Hanumanthu Gundam Village, R/o H.No.2/61, Perusomula S.O.,            Kolimigundla Mandal – 518 166, Kurnool District.                                                             

..Opposite ParTies

This complaint is coming on this day for orders in the presence of Sri.M.L.Srinivasa Reddy, Advocate for complainant and Sri.N.Isaiah, Advocate for opposite party No.1 and opposite party No.2 called absent and upon perusing the material papers on record, the Forum made the following.

                                                   ORDER

(As per Sri Smt. S.Nazeerunnisa, Lady Member)                                                             C.C. No.59/2012

1.     This complaint is filed under section 12 of Consumer Protection Act, 1986 praying:-

(a)          To direct the opposite parties to pay assured amount of Rs.50,000/- with all benefits and interest at 12%  per annum from the date of death of the insured;

(b)          To award compensation of Rs.10,000/- for causing mental agony and inconvenience suffered by the complainant at the deficient conduct of the opposite parties;

And

(c)           To pay the cost of Rs.5,000/-;

(d)          To pass such other relief as the Honourable Forum may deem fit and proper in the circumstance of the case.

2.    The case of the complainant in brief is as under:- The complainant is the wife of the deceased Late Chakali Pedda Gurappa, who died in a road accident.  The deceased Chakali Pedda Gurappa being a member in the Society of opposite party No.2, under the G.L.No.982, availed loan in opposite party No.2 society on 22-01-2009.  The opposite party No.2 has obtained Insurance Policy from opposite party No.1, covering the risk of accidental death of borrowers, who availed loan from opposite party No.2, for Rs.50,000/- per each borrower.  On 01-01-2011 the insured died in a road accident Tadipathri Police Station Registered a Case in Crime No.01/2011.  The complainant being a wife submitted the claim form along with relevant documents to opposite party No.1 through opposite party No.2.  But the opposite parties did not settle the claim of the complainant.  The complainant got issued legal notice dated 09-02-2012 to opposite parties.  The opposite party No.1 did not give any reply.  The opposite party No.2 has given its reply by complaining his bonafides in forwarding the claim form and relevant documents to opposite party No.1.  Due to the negligent act of opposite parties, the complainant suffered mental agony.  There is deficiency of service on the part of opposite parties.  Hence the complaint.

3.     Opposite party No.1 filed written version stating that the complaint is not maintainable.  There is no cause of action to file this complaint.  It is stated that opposite party No.1 is not aware whether the deceased was a member of opposite party No.2 and availed loan from opposite party No.2 and also denied that opposite party No.2 obtained insurance policy from  opposite party No.1.  It is admitted that the complainant submitted claim form to opposite party No.1 through opposite party No.2.  But either the complainant or the opposite party No.2 did not furnish the copy of policy under which the opposite party No.2 insured all its members with this opposite party.  In the absence of policy copy it is very difficult to settle the claim of the complainant.  There is no deficiency of service on the part of the opposite party No.1.  The complaint is liable to be dismissed. 

        Opposite party No.2 called absent and set exparte.

4.     On behalf of the complainant Ex.A1 to A6 are marked and sworn affidavit of the complainant is filed.  Sworn affidavit of opposite party No.1 is filed. No document is marked.

5.     Both sides filed written arguments.

6.     Now the points that arise for consideration are:

                     i.        Whether there is deficiency of service on the part of Opposite Parties?

                    ii.        Whether the complainant is entitled for the reliefs as prayed for?

                  iii.        To what relief?

7.      POINTS i and ii:-   It is the case of the complainant that her husband Late.Chakali Pedda Gurappa was a member in the society of opposite party No.2 and availed loan from opposite party No.2 under Loan Account No.CKC/1076 and G.L.No.982 on 22-01-2009.  The opposite party No.2 has obtained Insurance policy from opposite party No.1 under Group Insurance Policy covering the risk of accidental death of borrowers, who availed loan from opposite party No.2, for an assured amount of Rs.50,000/- per each borrower, Ex.A6 is the photo copy of Janata Personal Accident (Group) Insurance Policy bearing No.433100/47/2010/6046.  On 01-01-2011 the deceased died in a road accident.  The photo copy of F.I.R. in Crime No.01/2011 of Tadipathri P.S. dated 01-01-2011 is marked as Ex.A1.  Ex.A2 is the photo copy of Charge Sheet dated 21-02-2011.  The complainant submitted claim form Ex.A5 to opposite party No.1 through opposite party No.2.  As the opposite parties did not settle the claim of the complainant, the complainant got issued legal notice dated 09-02-2012 to opposite parties along with postal acknowledgement cards, which is marked as Ex.A3.   Opposite party No.1 did not give any reply to the said notice, opposite party No.2 has given its reply by explaining that he had forwarded the claim form along with relevant documents to opposite party No.1.  The reply notice is marked as Ex.A4 dated 26-03-2012.  It is further case of the complainant that though the complainant issued legal notice, the opposite parties did not settle the claim after lapse of sufficient time it amounts to deficiency in service on their part. 

8.     It is the case of opposite party No.1 that this opposite party No.1 is not aware whether the deceased was member of opposite party No.2 and availed loan from opposite party No.2, he died in a road accident and opposite party No.2 obtained insurance policy from this opposite party No.1 covering the risk of accidental death of borrowers who availed loan from opposite party No.2 for an assured amount of Rs.50,000/- per each borrower.  It is admitted that the complainant submitted claim form Ex.A5 to opposite party No.1 through opposite party No.2, but she did not furnish the policy copy to opposite party No.1 for settling the claim.  As seen from Ex.A4 dated 26-03-2012 the reply notice given by opposite party No.2 to complainant, it is clear that the deceased was a member of opposite party No.2 society and availed loan from opposite party No.2, and the opposite party No.2 obtained insurance policy bearing No.433100/47/2010/6046, Ex.A6 is the policy copy.  As per Ex.A1 F.I.R., and Ex.A2 Charge Sheet it is also very clear that the deceased died in a road accident on 01-01-2011 and the policy was in force at the time of accident.  The complainant submitted claim form under Ex.A5 but the opposite party No.1 did not settle the claim of the complainant.  The main defence is that the copy of the policy was not furnish to opposite party No.1 for settling the claim.  But the opposite party No.1 did not choose to ask policy copy and to give reply for the notice of the complainant.  As the policy was taken by Kurnool District Co-operative Central Bank Limited, Kurnool from opposite party No.1 covering the risk of loan account holders of opposite party No.2, opposite party No.1 who issued the said policy is supposed to have the policy with it.  We perused all the material on record it is establish that the deceased was member in the society of opposite party No.2 and the death of the deceased was accidental. Admittedly the complainant submitted claim form along with relevant documents to opposite party No.1 through opposite party No.2.  The opposite party No.1 did not settle the claim of the complainant within a reasonable time.  We found there is deficiency of service on the part of opposite party No.1.  Hence the opposite party No.1 is liable to pay the assured amount of Rs.50,000/- along with interest 9% from the date of complaint i.e., 21-06-2012 till the date of payment.

9.     In the result, the complaint is partly allowed directing the opposite party No.1 to pay an assured amount of Rs.50,000/- along with interest 9% from the date of complaint (i.e.,) 21-06-2012 till the date of payment  and further direct to pay Rs.5,000/- towards mental agony and Rs.2,000/- as cost of the case.  Time for compliance is one month from the date of the order.   The complaint against opposite party No.2 is dismissed.

        Dictated to the stenographer, transcribed by her, corrected and pronounced by us in the open bench on this the 25^th day of April, 2013.

Sd/-                                                                                      Sd/-

LADY MEMBER                                                                PRESIDENT (FAC)       

                                  APPENDIX OF EVIDENCE

                                    Witnesses Examined

For the complainant : Nill                        For the opposite parties : Nill

List of exhibits marked for the complainant:-

Ex.A1                Photo copy of F.I.R., in Crime No.1/2011 of Tadipathri Town

                P.S., dated 01-01-2011.

Ex.A2                Photo copy of Charge Sheet in Crime No.1/2011 of Tadipathri

P.S., dated 21-02-2011.

Ex.A3                Office copy of Legal Notice dated 09-02-2012 got issued by the

complainant to the opposite parties along with postal

Acknowledgement Cards (No.2).

Ex.A4                Reply notice dated 26-03-2012 sent by the opposite party No.2

                to complainant.

Ex.A5                Photo copy of Claim Form.

Ex.A6                Photo copy of Janata Personal Accident (Group) Insurance

Policy bearing No.433100/47/2010/6046.

List of exhibits marked for the opposite parties:- NILL

Sd/-                                                                                 Sd/-

LADY MEMBER                                                          PRESIDENT (FAC)

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

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Complainant and Opposite parties  :

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