BEFORE THE DISTRICT CONSUMER’S FORUM: KURNOOL Present: Sri. T.Sundara Ramaiah, B.Com B.L., President And Sri. M.Krishna Reddy, M.Sc., M.Phil., Male Member And Smt. S.Nazeerunnisa, B.A., B.L., Lady Member Friday the 3rd day of August, 2012 C.C.No.27/2012 Between: B.Maheswara Reddy,H/o Late B.Savithri, S/o B.Thimma Reddy, H.No.2-3,Yannakandla Post and Village, Banaganapalli Mandal – 518 124, Kurnool District. …Complainant -Vs- 1. The Branch Manager, Life Insurance Corporation of India Limited, H.No.3-48, Mahaboob Talkies Road,Banaganapalli – 518 124, Kurnool District. 2. The Divisional Manager,Life Insurance Corporation of India Limited, P.B.No.10, College Road, Cuddappa – 516 004. ...Opposite ParTies This complaint is coming on this day for orders in the presence of Sri.P.Siva Sudarshan, Advocate for complainant and Sri.A.S.U.Javid Ali, Advocate for opposite parties 1 and 2 and upon perusing the material papers on record, the Forum made the following. ORDER (As per Sri. T.Sundara Ramaiah, President) C.C. No.27/2012 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 policy amount of Rs.2,00,000/- to the complainant with interest at 24% per annum from the date of death of the deceased i.e., 07-05-2011 till the date of realization with benefits.; (b) To pay a sum of Rs.20,000/- towards mental agony; (c) To pay a sum of Rs.5,000/- towards cost of the complaint; And (d) To grant any other relief as the Honourable Forum deems fit and proper in the circumstances of the case. 2. The case of the complainant in brief is as under:- Smt.B.Savithri who is the wife of the complainant insured her life with opposite parties. The opposite parties issued the policy bearing No.655655987. The sum assured under the policy is Rs.2,00,000/-. The insured Smt.B.Savithri died on 07-05-2011. After the death of Smt.B.Savithri her husband who is the nominee under the policy submitted the claim form to opposite parties. On 02-12-2011 the complainant received a letter from opposite party No.2 stating that the insured overstated her age by 8 years in the proposal form. The opposite parties repudiated the claim of the complainant on that ground. The complainant wife mentioned her age in the proposal form, basing on the entry regarding her date of birth in the Voter Identity Card. The opposite parties are liable to pay the assured amount of Rs.2,00,000/-. There is deficiency of service on the part of the opposite parties. 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 the complainant’s wife was issued policy bearing No.655655987 for an assured amount of Rs.2,00,000/-. The complainant is the nominee under the policy. The insured obtained the policy by overstating her age by 8 years. In the proposal form she submitted her age as 31 years. After receiving the claim from the complainant the opposite parties conducted investigation. As per school record the date of birth deceased Smt.B.Savithri was 10-06-1987 she was 23 years old as on the date of obtaining the policy. Had the deceased life assured declared her correct age as 23 years, the opposite parties would have imposed clause 4(b). Since the policy was obtained fraudulently by playing fraud, the policy stands cancelled. The complainant is not entitled for any amount. The opposite parties rightly repudiated the claim of the complainant. The complaint is liable to be dismissed. 4. On behalf of the complainant Ex.A1 to A4 are marked and sworn affidavit of the complainant and third party affidavit of Sri.G.Venkateswara Reddy are filed. On behalf of the opposite parties 1 and 2 Ex.B1 to B7 are marked and sworn affidavit of opposite party No.2 is filed. 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 the complainant’s wife Smt.B.Savithri insured her life with the opposite parties under Jeevan Saral Policy bearing No.655655987 for Rs.2,00,000/-. The complainant is the nominee under the said policy. It is the case of the complainant that his wife Smt.B.Savithri died on 07-05-2011. The complainant filed Ex.A1 death Certificate issued by Panchayat Secretary, Yennakandla Village. It is clearly mentioned in Ex.A1 that Smt.B.Savithri wife of the complainant died on 07-05-2011. 8. Admittedly after the death of the Smt.B.Savithri the complainant herein submitted claim form to the complainant. Opposite party No.2 repudiated the said claim of the complainant under Ex.A3 stating that the deceased life assured overstated her age in the proposal form by 8 years. It is for the insurer to establish that the deceased life assured overstated her age in the proposal form with fraudulent intention. The complainant to establish that the deceased Smt.B.Savithri was 31 years old by the date of the proposal form relied on Ex.A4 (Ex.B3) Voter Identity Card. In Ex.A4 it is mentioned that the Smt.B.Savithri wife of the complainant was born in the year 1979. The date of the proposal form is 30-04-2010. Basing on the year of the birth of the Smt.B.Savithri, it is mentioned in the proposal form Ex.B5 that the age of deceased life assured was 31 years. In Ex.B6 declaration also it is mentioned that Smt.B.Savithri appeared to be 31 years old by 30-04-2010. Ex.B6 is signed by the agent and the development officer of the corporation. The complainant also filed the affidavit of the agent of the corporation. It is stated in the said affidavit that the development officer filled up the proposal form and mentioned the age basing on the entry in the Voter Identity Card. The opposite parties relied on Ex.B2 Study-cum-Conduct Certificate said to have been issued by Head Master, Nehru English Medium, High School, Banaganapalli. In the Study-cum-Conduct Certificate the date of birth of the student need not be mentioned. But in Ex.B2 the date of birth of the student is written separately with ballpoint pen. To prove the contents of Ex.B2 the opposite parties did not choose to file the affidavit of the Head Master of High School who issued Ex.B2. Admission record of the school is not produced to establish that the age of the deceased life assured was 10-06-1987. Basing on the entry in Ex.B2 it cannot be said that the deceased life assured overstated her age in the proposal form by 8 years. The opposite parties having accepted that the age of the deceased life assured was 31 years by the date of the proposal form, now cannot contend that the deceased life assured overstated her age in the proposal form. The deceased life assured mentioned her age as 31 years in the proposal form basing on the entry regarding year of birth mentioned in the Voter Identity Card Ex.A4 (Ex.B3). The opposite parties without any justification repudiated the claim of the complainant who is the nominee under the policy. The opposite parties are liable to pay the said assured amount of Rs.2,00,000/- to the complainant. 9. In the result, the complaint is partly allowed directing the opposite parties 1 and 2 jointly and severally to pay assured amount of Rs.2,00,000/- to the complainant with interest at 9% from 02-12-2011 (i.e.,) the date of the repudiation letter, till the data of payment along with costs of Rs.500/-. Dictated to the stenographer, transcribed by her, corrected and pronounced by us in the open bench on this the 3rd day of August, 2012. Sd/- Sd/- Sd/- MALE MEMBER PRESIDENT LADY MEMBER 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 Death Certificate issued by Panchayat Secretary, Yennakandla Village dated 02-06-2011 Ex.A2. Photo copy of LIC’s Jeevan Saral (with profits) Policy No.655655987 dated 01-06-2010 Ex.A3 Repudiation Letter dated 02-12-2011. Ex.A4 Photo copy of Voter Identity Card of B.Savitri List of exhibits marked for the opposite parties:- Ex.B1 Office copy of Repudiation Letter dated 02-12-2011. Ex.B2 Study cum Conduct Certificate of B.Savitri issued Head Master, Nehru E.M. High School, Banaganapalli. Ex.B3 Photo copy of Voter Identity Card of B.Savitri. Ex.B4 Photo copy of Case Sheet of B.Savitri. Ex.B5 Photo copy of Proposal Form. Ex.B6 Photo copy of Form Nos.3260, 5098 statement of Proposal. Ex.B7 Photo copy of Declaration of Age (F.No.5096). Sd/- Sd/- Sd/- MALE MEMBER PRESIDENT LADY MEMBER // 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 : | 
