Karnataka

Chitradurga

CC/52/2017

Basamma w/o Late - Complainant(s)

Versus

Secretary - Opp.Party(s)

G.K. Mallikarjuna,

10 Jan 2018

ORDER

COMPLAINT FILED ON:01.06.2017

DISPOSED      ON:10.01.2018

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHITRADURGA.

 

CC.NO: 52/2017

 

DATED:  10^th JANUARY 2018

PRESENT: - SRI. T.N. SREENIVASAIAH  : PRESIDENT                                   B.A., LL.B.,

                   SRI.N. THIPPESWAMY        :MEMBER

                                 B.A., LL.B.,   

 

……COMPLAINANT	Basamma W/o Late Kanumeshi @ Kanumappa, Age: 37 Years, Coolie, R/o Madakari Nagar, Challakere Town, Chitradurga District.      (Rep by Sri. G.K. Mallikarjuna Swamy, Advocate)
V/S
…..OPPOSITE PARTIES	1. The Secretary, Agricultural Produce Market Committee, Challakere.   2. The Chief Manager, Agricultural Marketing Board, Bangalore Division, Office No.16, 2nd Rajbhavan Road, Bangalore-01.   3. The Manager, Life Insurance Corporation, 4th Floor, Jeevan Prakash, J.C.Road, Bangalore-02   (Rep by Sri.C.S.Kireetishetty, Advocate for OP No.1 and 2 and Sri. L. Madhusudhan, Advocate for OP No.3)

 

ORDER

SRI. T.N. SREENIVASAIAH:   PRESIDENT

The above complaint has been filed by the complainant u/Sec.12 of the C.P Act, 1986 for the relief to direct the OPs to pay the policy amount along with interest @ 24% p.a from the date of policy and such other reliefs.

2.     The brief facts of the case of the above complainant are that, her father-in-law by name Kanumaiah @ Poojari Palaiah was working as Hamali under OP No.1 with license No.1576.  He has obtained Janashree Bheema Group Insurance Policy from OP No.3 through OP No.1 and 2 in the year 2007 and was paying the premium amount every year up to 2014 to the OP No.3.  The husband of the complainant by name Sri. Kanumeshi @ Kanumappa was the nominee under the policy and he died leaving behind the complainant as his legal heirs.  It is further submitted that, on 16.04.2014 the father-in-law of the complainant died leaving behind the complainant as the only legal heir.  On 03.05.2014 the complainant has filed an application before the OP No.1 seeking compensation of Rs.30,000/- under Janashree Bheema Group Insurance Policy Scheme.  But, till today, OP No.1 never sanctioned any amount to the complainant.  On 08.03.2017 the complainant got issued legal notice to the OPs through her counsel requesting them to pay the premium amount but, the OPs have not settled the claim made by the complainant.  After issuance of the legal notice, OPs have given reply to the legal notice denying the entire allegations made in the notice.  Now the complainant prays to give Rs.30,000/-, the policy amount, Rs.10,000/- towards mental agony, Rs.10,000/- towards transport and other expenses, Rs.10,000/- towards cost of this proceedings and Rs.1,500/- towards legal notice.  The cause of action for this complaint arose from 2007 to 2014 when the husband of the complainant has purchased the above said policy and on 16.04.2014 the date of death of father-in-law of the complainant, the date of filing an application before the OPs on 03.05.2014, the date of legal notice i.e., on 08.03.2017 and the date of reply given by the OPs i.e., on 05.05.2017 which is within the jurisdiction of this Forum and therefore, prayed for allow the complaint.    

,   3.  After service of notice to the OPs, one Sri.C.S. Kiritee Shetty, Advocate appeared on behalf of OP No.1 and 2 and filed version and Sri. L. Madhusudhan, Advocate appeared on behalf of OP No.3 and filed version.

 

According to the OP No.1 and 2, the complaint filed by the complainant is not maintainable either in law or on facts and the same is liable to be dismissed in limine.  The averments made in para 2 that, father-in-law of the complainant Kanumaiah was working as the Hamali and nominated the husband of the complainant are hereby denied as false and the complainant is the legal heir to receive the policy amount is not admitted and the same is to be proved by the complainant.   The averments made in para 3 of the complaint that, the father-in-law of the complainant died on 16.04.2014 leaving behind the complainant as legal heir are not admitted and same is put to strict proof of the same.     It is true that, the father-in-law of the complainant has obtained Janashree Bheema Yojana policy in the year 2007 from OP No.3 through OP No.1 and 2 and in turn the OP No.1 and 2 recovered the amount from the husband of the complainant and the sent the same to OP No.3.  It is further submitted that, the complainant has produced necessary documents to OP No.3 and the OP No.3 the claim amount of Rs.30,000/- has been sent to the complainant through NEFT on 15.07.2017 to the Federal Bank, Challakere bearing A/c No.18970100021009.   

,   

OP No.3 filed version and taken a contention that, the father-in-law of the complainant was working as Hamali and the husband of the complainant was nominated under the policy and the husband of the complainant died on 16.04.2014 leaving behind the complainant as legal heir are not known to this OP.  It is further submitted that, OP No.3 received the claim documents on 28.09.2016 and intimated the OP No.1 to produce the nominee details since the nominee is pre-deceased and in turn OP No.3 received the details on 17.06.2017.  Thereafter on 15.07.2017 an amount of Rs.30,000/- has been paid through NEFT to the Federal Bank, Challakere to the account No.18970100021009 of the complainant.  Therefore, there is no deficiency of service on its part and prayed for dismissal of the complaint.

4.     Complainant has not filed affidavit evidence and the documents Ex.A-1 to A-5 got marked.  OP No.3 has examined one Sri. B. Shamanna, A.O, LIC, Branch Office, Chitradurga has examined as DW-1 and no documents have been produced to prove their case. 

5.     Arguments heard. 

6.     Now the points that arise for our consideration for decision of above complaint are that;

(1)  Whether the complainant proves that the OPs have refused to pay the Janashree Bheema Yojana Insurance amount to the complainant and entitled for the reliefs as prayed for in the above complaint?

              (2) What order?

        7.     Our findings on the above points are as follows:-

        Point No.1:- Partly in Affirmative.

        Point No.2:- As per final order.

REASONS

8.     It is not in dispute that, father-in-law of the complainant was working as Hamali under OP No.1.  He has obtained Janashree Bheema Group Insurance Policy from OP No.3 through OP No.1 and 2 in the year 2007 and was died on 16.04.2014 leaving behind the husband of the complainant as his legal heir as he was the nominee under the policy. Thereafter the husband of the complainant died leaving behind the complainant as his legal heir.   After his death, the complainant has filed an application before the OP No.1 requesting to pay Rs.30,000/- under Janashree Bheema Group Insurance Policy Scheme.  But, the OP No.3 has not released the amount.  The complainant approached the OPs in person so many times claiming the amount but, it went in vain.   The contention of OP No.1 and 2 is that, they have collected premium from the father-in-law of the complainant and send the same to OP No.3, therefore, OP No.3 is only the competent person to give money to the complainant.  The OP No.3 taken a contention that, they have settled the claim of the complainant on 15.07.2017 through NEFT in favour of the complainant.   According to the OP No.1 and 2, the OP No.3 is held liable to pay the amount.

9.   We have gone through the entire documents filed by the complainant and OP No.1 to 3.  The father-in-law of the complainant was working as Hamali under OP No.1 under license No.1576 and he obtained Janashree Bheema Group Insurance Policy from OP No.3 through OP No.1 and 2 in the year 2007. The husband of the complainant has paid every insurance premium amount to the OP No.3 through OP No.1 and 2 from 2007 to 2014 and died on 06.08.2016.  After the death of the father-in-law of the complainant, her husband was the legal heir to take compensation under the policy as he is the nominee.  The husband of the complainant was died prior to the death of the father-in-law of the complainant.  Therefore, the complainant is entitled to get the compensation under the policy as she is the legal heir to her husband.   According to the OP No.3, they have settled the claim of the complainant through NEFT on 15.07.2017 i.e., after filing of this complainant.  Therefore, the complainant is liable to receive compensation towards mental agony and cost of this proceedings.  Accordingly, this Point No.1 is held as partly affirmative to the complainant.

          10.     Point No.2:- As discussed on the above point and for the reasons stated therein we pass the following:-

ORDER

The complaint filed by the complainant U/s 12 of CP Act 1986 is partly allowed.

It is further ordered that the OP No. 3 is hereby directed to pay a sum of Rs.10,000/- towards mental agony and Rs.5,000/- costs of the proceedings.

 

            (This order is made with the consent of Member after the correction of the draft on 10/01/2018 and it is pronounced in the open Court after our signatures)         

 

           

 MEMBER                                                   PRESIDENT

-:ANNEXURES:-

Witnesses examined on behalf of Complainant:

PW-1:  Complainant by way of affidavit evidence.

Witnesses examined on behalf of OPs:

DW-1:  B. Shamanna, Manager of OP No.3 by way of affidavit evidence.

Documents marked on behalf of Complainant:

01	Ex-A-1:-	Election ID cards of father-in-law of the complainant, her husband and the complainant
02	Ex-A-2:-	Death Certificate of father-in-law of complainant
03	Ex-A-3:-	Legal Notice dated 08.03.2017
04	Ex-A-4:-	3 Postal Receipts and Postal acknowledgement
05	Ex-A-5:-	Letter dated 05.04.2017 by OP No.1

 

Documents marked on behalf of OPs:

-Nil-

 

MEMBER                                                            PRESIDENT

Rhr**