BEFORE THE DISTRICT CONSUMER’S FORUM: KURNOOL Present: Sri. M.Krishna Reddy, M.Sc., M.Phil., Male Member President (FAC) And Smt. S.Nazeerunnisa, B.A., B.L., Lady Member Wednesday the 5TH day of June, 2013 C.C.No.52/2012 Between: P.Nagswaramma, W/o K.Rangaiah, H.No.3/5, Yerragudi Post, R.S. Kondapuram Mandal, Kadapa District. …Complainant -Vs- 1. The Branch Manager, Life Insurance Corporation of India, River View Colony, D.No.40-36-3, Kurnool – 518 002. 2. The Senior Divisional Manager, Life Insurance Corporation of India, College Road, Post Box No.10, Kadapa District – 516 004. ...Opposite ParTies This complaint is coming on this day for orders in the presence of Sri.M.Sivaji Rao, Advocate for complainant and Sri.I.Anantha Rama Sastry, Advocate for opposite parties and upon perusing the material papers on record, the Forum made the following. ORDER (As per Smt.S.Nazeerunnisa, Lady Member) C.C. No.52/2012 1. This complaint is filed under section 11 and 12 of C.P. Act, 1986 praying:- (a) To direct the opposite parties to pay the assured amount of Rs.3,00,000/- with interest @ 24% per annum; (b) To pay Rs.15,000/- towards the compensation for causing mental agony and hardship; (c) To pay costs of the complaint; (d) To order any other relief or reliefs that are deems to be fit and proper in the circumstances of the case. 2. The case of the complainant in brief is as under:- The complainant is the sister and nominee of Late P.Obulesu. Late P.Obulesu insured his life with the opposite parties under the policy bearing No.655754342 for Rs.3,00,000/-. The yearly premium payable under the policy is Rs.24,260/-. The period of the policy is 16 years. On 08-06-2010 the insured died due to heart attack. The complainant being the nominee under the policy submitted the claim to the opposite parties. The opposite parties repudiated the claim on the ground that insured suppressed the material facts regarding his age in the proposal form and that the insured was 50 years at the time of the proposal and the same was not disclosed by the insured and mentioned as 44 Years in the proposal form. The repudiation of the claim by the opposite parties is illegal. On the date of proposal the age of life assured was 44 Years. There is deficiency of service on the part of opposite party in not honouring the claim of the complainant. The opposite parties caused mental agony by falsely repudiating the claim of the complainant. Hence the complaint. 3. Opposite party No.2 filed written version and the same is adopted by opposite party No.1. It is stated in the written version of opposite party No.2 that the complaint is not maintainable. It is admitted that opposite party No.1 issued Jeevan Anand Policy bearing No.655754342 in favour of insured P.Obulesu for a sum of Rs.3,00,000/- with date of commencement of policy is 28-03-2010. The policy issued on the basis of age declared by him in the proposal form as 44 Years. The deceased submitted study certificate suppressing the date of birth as 01-07-1966 and studied in the school from 1971 – 1972 to 1975 – 1976 from class I to V, Mandal Parshath Primary School, Yerragudi Village, Kondapuram Mandal, Kadapa District. The opposite parties repudiated the claim of the complainant on the ground that the life assured suppressed the material fact as regards to his age. On the date of proposal his age was 50 years, he falsely declared his age as 44 years in the proposal form. There is no deficiency of service on the part of opposite parties. Hence the complaint is liable to be dismissed. 4. On behalf of the complainant Ex.A1 to A6 are marked and sworn affidavit of the complainant is filed. On behalf of the opposite parties Ex.B1 to Ex.B5 are marked and sworn affidavit of opposite party No.2 is filed. RW1 of Sri.K.Venkata Rama Reddy is examined. 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:- Admittedly Late Pendekanti Obulesu who is the brother of the complainant obtained policy bearing No.655754342 in his name on 28-03-2010 under Ex.A1 = Ex.B2. The sum assured under the policy was Rs.3,00,000/- along with other benefits. The yearly premium payable under the policy was Rs.24,260/-. The life assured died on 08-06-2010. Ex.A2 is the photo copy of Death Certificate issued by Panchayat Secretary, Kondapuram Mandal, Kurnool District dated 14-06-2010. It is the case of the complainant that after the death of life assured, the complainant being the nominee under the policy submitted claim to opposite parties. The opposite parties repudiated the claim under Ex.A3 = Ex.B4 dated 16-03-2012, on the ground that the insured suppressed the material facts as regards to his age in the proposal form. The insured informed the opposite party about his correct age as 44 Years and Mr.Nagi Reddy the opposite party own agent also attested the same as 44 Years. It is also well known to the opposite parties. After verification the opposite party issued the policy to deceased life assured. It is contended by the learned counsel appearing for complainant that the life assured obtained Jeevan Anand Policy Table No.149. The age limit for obtaining the said policy is minimum age 18 Years and maximum age is 65 Years. Ex.A5 is the broacher of Jeevan Anand Policy. Ex.A6 is the Ready Reckoner Book which contains the said policy details in-respect to age limit of the proposer at the time of obtaining the policy. The life assured was not barred by age under the said policy. Though the insured was permitted to obtain policy up to 65 Years, it was not proper to obtain his wrong age Certificate from concerned Authority. 8. According to opposite party No.2 the deceased life assured has wrongly mentioned his age as 44 Years in the proposal form Ex.B1 dated 28-03-2010. The deceased submitted a study certificate issued by Head Master I/C M.P.P. School, Yerragudi, where in, the date of birth of life assured was mentioned as 01-07-1966, which is marked as Ex.B5. Ex.B3 is the Extract of Admission Register issued by the Head Master of Yerragudi Village, Kondapuram Mandal, Kadapa District. The Head Master of the said school Mr.K.Venkata Rama Reddy is examined as RW1 on behalf of opposite parties. He deposed that the deceased life assured was admitted in his school on 02-06-1966 under admission No.307. The date of birth of the said student shown as 01-01-1960 in Ex.B3 and he studied in his school from 1st Class to 3rd Class. The learned counsel appearing for the opposite party argued that if the insured discloses his correct age as 50 Years, the opposite party might have conducted the medical test to the insured before issuing the said policy. He relied on decision of National Commission in Revision Petition No.1190/2008 where in it was held that insured has intentionally shown his wrong age and the suppressed the material fact. In the above case also life assured suppressed the material fact regarding his age. 9. As seen from Ex.B3 and Ex.B5 and deposition of RW1 it is clear that the life assured suppressed the material fact regarding his age which was shown as 44 Years in the proposal form and submitted the study certificate showing his wrong date of birth mentioned as 01-07-1966 (Ex.B5) under Admission No.307. The contract of insurance is based on utmost good faith. The insured has intentionally shown his wrong age and thus suppressed the material fact regarding his age. There is no deficiency of service on the part of opposite parties. The complainant is not entitled for any assured amount or benefits under the above policy. 10. In the result the complaint is dismissed without costs. Dictated to the stenographer, transcribed by her, corrected and pronounced by us in the open bench on this the 5th day of June, 2013. Sd/- Sd/- LADY MEMBER PRESIDENT (FAC) APPENDIX OF EVIDENCE Witnesses Examined For the complainant : Nill For the opposite parties : RW1 List of exhibits marked for the complainant:- Ex.A1 Photo copy of Policy bearing No.655754342. Ex.A2 Photo copy of Death Certificate issued dated 14-06-2010. Ex.A3 Repudiation Letter issued by opposite party No.2 to complainant. Ex.A4 Served Postal Cover. Ex.A5 Broacher of Jeevan Anand Policy. Ex.A6 Ready Reckoner Book. List of exhibits marked for the opposite parties:- Ex.B1 Proposal for Insurance Form dated 28-03-2010. Ex.B2 Policy bearing No.655754342. Ex.B3 Extract of Admission Register issued by the Head Master of Yerragudi Village. Ex.B4 Repudiation Letter dated 16-03-2012 of the opposite party No.2 Ex.B5 Photo copy of Study Certificate of Pendekanti Obulesu, S/o P.Pedda Obulesu with Admission No.307 issued by the Head Master I/C. M.P.P., School, yerragudi. RW1 Deposition of Sri.K.Venkata Rama Reddy, dated 30-11-2012. 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// Copy to:- Complainant and Opposite parties : Copy was made ready on : Copy was dispatched on : | 
