Present:       Sri                                                                                                Sri                                                                                      AND

          Tuesday the 20^th May, 2008.

CONSUMER DISPUTE NO. 34/2006

Between:

V.Satyanarayana,

S/Age: 55 yrs., R/o.H.No.16-1-472/1,

Karimabad Road, Warangal.

… Complainant

A N D

1. Road Safety Club      Administrative Office 2-A,

       II Floor, Prakasam Road,

      

    

   2. Road Safety Club,

   C/(Zonal Office)

   H.No.1-8-586, Hanamkonda, Warangal.

   Rep.by

    

   3. The National Insurance Chennai Division, V, AD-I,

      II Avenue, Chennai – 600 040.

      Rep.by its Divisional Manager

      … Opposite Parties

       

      Counsel for the Complainant               : Sri. 

      Counsel for the Opposite Parties                    : Sri.

       

       

      This complaint coming for final hearing before this Forum, the Forum pronounced the following Order.

                                                                  : ORDER  ::

      Sri

      This is a complaint filed by the complainant i.e. V.Satyanarayana against the Opposite parties under section 12 of Consumer Protection Act, 1986 for a direction to grant an amount of  Rs.2,40,000/- due by the opposite parties under the AMS Classic Special-3 certificate Nos.325767 & 325772.

       

                The brief averments contained in the complaint filed by the complainant are as follows:

       

      01.     The case of the complainant is that, he is the resident of , S.R.R. Warangal and he was a business man.  The opposite parties introduced different types of policies of accidental insurance under the name and style of “Road Safety Club   The complainant obtained two memberships of AMS Classic Special-3 under Ex.A-3, which insured Ex.A-3, and membership certificate Ex.A-4 AMS Classic Special-3 insured under Ex.A-5, which is insured by opposite party No.3 Road Safety Club Private Limited.  The opposite party No.1 issued certificate under Certificate of Insurance under Ex.A-3 to A-5.

       

                On 06-08-2004 at 6.00 am the complainant after getting down at the RTC Bus Station,   In the meanwhile, a motor cycle driven in a rash and negligent manner by its driver in a high speed, dashed against the complainant by which, the complainant fell down and the left leg of the complainant was fractured.  Immediately after the accident, the complainant was treated by a Private Doctor and later shifted to MGM Hospital, Warangal and admitted as in-patient and was undergone treatment and later operated.  After discharge from hospital he attended hospital as per the advise for Doctors and taken prolonged treatment, then he became disabled thereafter the complainant became permanent disabled and he cannot do any work.  The complainant filed the claim petition enclosing two (2) membership certificates under Ex.A-2 and A-4 and other   documents  under Ex.A-2 & A-3  before  the  opposite  parties.  The opposite parties issued one   to the opposite party No.2, but on verification by the opposite party No.2 the name of the complainant was wrongly shown on the   Thereafter the opposite party No.2 informed the complainant that, the   On further enquiry, the complainant came to know that, after correction of the   the complainant.  The complainant approached the opposite party No.2 for handing over the   Thereafter he issued a Telegraphic Notice under Ex.A-25 to A-31, after issued the same the opposite parties failed to respond.  Thereafter on 27-01-2006 he issued a Notice demanding to pay sum of Rs.2,40,000/- through  

       

      02.     The case of the opposite parties 1 & 2 that, they have admitted that the complainant obtained two (2) Membership of AMS Classic Special-3 Certificate No.325767 dated 25-07-2004 and certificate No.SC3/HD00003782 dated 27-07-2004 and Membership No.325772 dated 25-07-2004, Certificate No.SC3/HD00003777 under Group Personal Accident Master Policy No.500500/42/03/8200124 issued by the Opposite Party No.3 vide            TR No.142113381718964, further the contention of the opposite parties are they have admitted that, the complainant was permanently disability i.e. 60% since the complainant disability 60% is entitled only Rs.1,20,000/- for two (2) certificates i.e. Rs.2,40,000/- and further as per Ex.B-5 its issued by the complainant i.e. Discharge Voucher Certificate it shows that received an amount of Rs.2,40,000/- by the complainant under two (2) certificates.  Since already he received an amount of Rs.2 

       

      03.     The complainant in support of his claim filed his Affidavit in the form of chief examination and marked Exs.A-01 to A-33.  On behalf of opposite parties Sri

       

                After arguments of the both side counsels our reasons are like this.

       

      04.     Now the point for consideration  the complainant is entitled to get an amount of Rs.2,40,000/- for this our answer is that, certainly he get an amount of Rs.2,40,000/- because it is an admitted fact that, the complainant met with an accident and he was joined in hospital and taken treatment at the Government hospital as well as   So it is an admitted fact that, prior to the accident the complainant taken two (2) policies i.e. Ex.A-2 and A-4 as per those certificates as per Ex.A-1, A-2 & A-4 if any person met with an accident and he get life risk and in accident partial and permanent disability certificate they have entitled to get an amount of  Rs.2,40,000/-.  The opposite parties already sent an amount of Rs.2,40,000/- for one certificate and later on they failed to send the Rs.2,40,000/- for another certificate.  The contention of the opposite parties are that, since already the complainant had only partial disability i.e. reason he entitled only 60% disability as per Ex.A-10 he entitled for Rs.1  For this our answer it is not correct, as per two (2) certificates the opposite parties have to pay an amount of Rs.4,80,000/- under two (2) certificates there is no any agreement in between complainant and opposite parties to show if any partial disability is there up to that only, they are going to pay.  So here as per the Ex.A-2 and A-4 they have to pay an amount of Rs.4  Since there is no basis for this argument by the opposite parties certainly the opposite parties are liable to pay an amount of Rs.2,40,000/- and further the opposite parties are showing Ex.B-5 Discharge Voucher issued by the complainant on this I am having suspicious on this agreement, we are having  the signature of the complainant in all the connected papers signed by him i.e. in complainant and in other documents as V.Satyanarayana, it is an different manner and signature of Ex.B-5 it is an different manner.  We can clearly say that, the signature of the complainant in Ex.B-5 Discharge Voucher is different from the signatures signed by him in the complaint so I reject the Ex.B-5.

       

                For the foregoing reasons given by us, we are of the opinion that, the opposite parties are liable to pay an amount of Rs.2  Hence we answer this point in

       

      Point No.2 WHAT RELIEF:-

       

      The point No.1 is decided in

      In the result, this complaint is allowed and we direct the opposite parties jointly and severally pay an amount of Rs.2  We award cost of Rs.500/- (Rupees Five Hundred only).

       

                  A month’s time is granted to the opposite parties to compliance of the order.

       

      (Dictated to the Stenographer transcribed by him corrected and pronounced by us in the open Forum today i.e.  20^th May, 2008).

       

       

                                                                                                                         Member                    President,

             District Consumer Forum, Warangal.

      APPENDIX OF EVIDNECE

      WITNESSES EXAMINED

       

                                ON BEHALF OF O.P.

      Affidavit of Complainant                                     Affidavit of Opposite Parties

      EXHIBITS MARKED

      ON BEHALFOF COMPLAINANT

       

       

       

      1. Ex.A-  is the Original copy
      2. Ex.A-2 is the Xerox copy of Road Safety Club
      3. Ex.A-3 is the Xerox copy of Certificate of Insurance.
      4. Ex.A-4 is the Xerox copy of Road Safety Club
      5. Ex.A-5 is the Xerox copy of Certificate of Insurance.
      6. Ex.A-6 is the Xerox copy of First Information Report (F.I.R.), dated07-08-2004.
      7. Ex.A-7 is the Xerox copy of Department of Orthopedic Surgery, dated 08-08-2004.
      8. Ex.A-8 is the Xerox copy of Medical Certificate, dated 20-09-2004.
      9. Ex.A-9 is the Xerox copy of Personal Accident Claim Form.
      10. Ex.A-10 is the Xerox copy of Orthopaedically Handicapped Certificate,
      11. Ex.A-11 is the Xerox copy   Concession Certificate, dtd.:23-09-2004.
      12. Ex.A-12 is the Xerox copy of Discharge of In-patient Police (MLC) Certificate.
      13. Ex.A-13 is the Xerox copy of Attendant pass, dated 08-08-2004.
      14. Ex.A-14 is the Xerox copy of Sri Krishnamurthy & Son Medical Shop, dated 06-08-2004.
      15. Ex.A-15 is the Xerox copy of 6-8-04.
      16. Ex.A-16 is the Xerox copy of Ex.A-17 is the Xerox copy of 12-8-04.
      17. Ex.A-18  to Ex.A-23 are the Xerox copies  of
      18. Ex.A-24 is the Xerox copy of Account Payee of ICICI Bank dt.11-5-05.
      19. Ex.A-25 is the Original BSNL CTO Cash Bill.
      20. Ex.A-26 & Ex.A-32 Xerox letters of Road Safety Club 30-12-2005.
      21. Ex.A-33 is the Xerox copy of 27-01-06.

       

       

      ON BEHALF OF Opposite parties

      1. Ex.B-1 is the Xerox copy of AMS Classic Membership Card issued to the complainant.
      2. Ex.B-2 is the Xerox copy of Road Safety Club   to Membership Terms and Conditions for the Road Safety Club Ex.B-3 is the Xerox copy of Membership Application Form.
      3. Ex.B-2 is the Xerox copy of Road Safety Club   to Membership Terms and Conditions for the Road Safety Club Ex.B-5 is the Discharge Voucher, dated 29-04-2005.

       

       

                                                                                                                          PRESIDENT.