Karnataka

Chitradurga

CC/105/2017

N.Kanumesh S/o Late M.Nagaraj - Complainant(s)

Versus

Secretary,APMC - Opp.Party(s)

Sri.G.K.Mallikarjunaswamy

11 Oct 2018

ORDER

COMPLAINT FILED ON:01.06.2017

DISPOSED  ON:11.10.2018

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHITRADURGA.

 

CC.NO:105/2017

 

DATED:  11^th OCTOBER 2018

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

                        SMT. JYOTHI RADHESH JEMBAGI:

BSc.,MBA., DHA.,                LADY MEMBER

 

……COMPLAINANT	N.Kanumesh S/o Late M.Nagaraj,Aged about 19 Years, Gandhinagar, Challkere Town, Chitradurga.   (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, his grand-father by name Myaklaiah S/o Late Mallaiah @ Toudaiah during his life he 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 paying the premium amount every year up to 2016 to the OP No.3.  The complainant was the nominee under the policy and he died leaving behind the complainant as his legal heirs. It is further submitted that, on 30.05.2017 the grand-father of the complainant died leaving behind the complainant as the only legal heir.  On 22.07.2017 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 04.08.2017 the complainant got issued legal notice to the OPs through his 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 2016 when the grand-father of the complainant has purchased the above said policy and on 30.05.2017 the date of death of grand-father of the complainant, the date of filing an application before the OPs on 22.07.2017, the date of legal notice i.e., on 04.08.2017 and the date of reply given by the OPs i.e., on 09.08.2017 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, grand-father of the complainant Myakalaiah was working as the Hamali and nominated the complainant are true and he become the member of the OP No.3 from the year 2007 by paying policy amount.  As per the death certificate issued by the Registrar of Birth and deaths, the date of death of the said Myakalaiah is 30.05.2017.  At the time of his death said Myakalaiah was aged 53 years as per the AAM ADMI BIMA YOJANA SCHEME for the year 2017-18 and his membership number is 1675 and the date of birth is 19.11.1964.  It is further submitted that, at the time of becoming a member of the said scheme, the person must be aged between 18 and 59 and at the time of death, he was only 53 years and therefore, he was within the permitted age to become the member of OP No.3.  The complainant being the grandson of late Myakalaiah along with his sister as both of them are the legal heirs to him, therefore the sister of complainant by name Gowri is also a necessary party to get the benefits from the insurance scheme.  It is further submitted that, the total premium amount of Rs.54,900/- has been paid through DD to OP No.2 to be paid to OP No.3 on 09.03.2017 before the death of Myakalaiah and the action of OP No.1 and 2 is in accordance with law and therefore the complainant is not entitled to claim amount from OP No.1 and 2.  Having received the amount of Rs.54,900/- by OP No.3 before the death of said Myakalaiah,  OP No.3 has stated that, the deceased Myakalaiah was aged more than 69 years is not correct, which is against to the law and therefore, prayed for dismissal of the complaint against OP No.1 and 2.

         ,

OP No.3 filed version and taken a contention that, the grand-father of the complainant was working as Hamali and is not known to this OP No.3 and the complainant is put to strict proof of the same.  It is further submitted that, after the death of grand-father of the complainant, it has received the claim document from Karnataka Agriculture Marketing Board, Bangalore on 22.11.2017 and this OP has paid the claim amount of Rs.30,000/- to the complainant’s SB Account No.6168101000322 on 15.12.2017 maintained at Canara Bank, Challakere, therefore there is no deficiency in service on the part of this OP and prayed for dismissal of the complaint.

4.     Complainant has not filed affidavit evidence and the documents Ex.A-1 to A-10 got marked.  OP No.1 and 2 have examined one Sri.Kaleel Sab, the Secretary, APMC, Challakere has examined as DW-1 and Ex.B-1 to B-3 documents have been got marked and on behalf of OP No.3 one Sri. Shamanna, the Branch Manager of LIC examined as DW-2 and no documents have been produced and closed their side. 

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, grand-father 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 30.05.2017 leaving behind the complainant as his legal heir as he was the nominee under the policy.  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 OPNo.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 grand-father 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 has taken a contention that, they have settled the claim of the complainant on 15.12.2017 through Bank Account 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 grand-father of the complainant was working as Hamali under OP No.1 under license No.1675 and he obtained Janashree Bheema Group Insurance Policy from OP No.3 through OP No.1 and 2 in the year 2007. The grand-father of the complainant has paid every insurance premium amount to the OP No.3 through OP No.1 and 2 from 2007 to 2016 and died on 30.05.2017.  After the death of the grand-father of the complainant, the complainant was the legal heir to take compensation under the policy as he is the nominee.  Therefore, the complainant is entitled to get the compensation under the policy as he is the legal heir to his grand-father and also the nominee under the policy.  According to the OP No.3, they have settled the claim of the complainant through his Bank Account on 15.12.2017 i.e., after filing of this complainant.  Therefore, the complainant is liable to receive compensation towards mental agony and cost of this proceeding.  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.

Complaint filed as against OP No.1 and 2 is hereby dismissed.

It is further ordered that, the OP No.3 is hereby directed to comply the above order within 30 days from the date of this order.

 

            (This order is made with the consent of Member after the correction of the draft on 11/10/2018 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:  Sri.Kaleel Sab, the Secretary of OP No.1 and 2 by way of affidavit evidence.  

DW-2:- Sri. B. Shamanna, Manager of OP No.3 by way of affidavit evidence.

Documents marked on behalf of Complainant:

01	Ex-A-1:-	Adhar Card of complainant
02	Ex-A-2:-	Certified copy of Genoliogical Tree
03	Ex.A-3:-	Affidavit with regard to Genological Tree
04	Ex.A-4:-	Death Certificate of grand-father of complainant
05	Ex.A-5:-	Receipt No.79470 dated 26.02.2018
06	Ex.A-6:-	Letter dated 05.06.2017 by the complainant to OP No.1
07	Ex-A-7:-	Legal Notice dated 04.08.2017
08	Ex-A-8:-	3 Postal Receipts
09	Ex.A-9:-	3 Postal acknowledgements
10	Ex-A-10:-	Reply Letter dated 09.08.2017 by OP No.3

 

Documents marked on behalf of OPs:

01	Ex.B-1:-	Counter foil of PKGB dated 28.02.2017
02	Ex.B-2:-	Counter foil of PKGB dated 09.03.2017
03	Ex.B-3:-	Copy of Date required to be submitted for AAM ADMI BIMA YOJANA for the year 2017-18

 

 

MEMBER                                                   PRESIDENT

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