BEFORE THE DISTRICT FORUM:KURNOOL
Present: Sri.T.Sundara Ramaiah , B.Com B.L., President
And
Sri. M.Krishna Reddy , M.Sc., M.Phil., Male Member
Friday the 21st day of May , 2010
C.C.No. 31/09
Between:
N.Pullaiah alias D.Pullaiah, S/o Pedda Subbarayudu,
H.No.1/36, Vemulapadu village, Owk Mandal, Kurnool District-518122.
…Complainant
-Vs-
1. The Branch Manager, Life Insurance Corporation of India Ltd.,
H.No.8-97-7, K.S.R. Complex, Banaganapalli Kurnool District-518 124.
2.The Divisional Manager, Life Insurance Corporation of India Ltd.,
P.B.No.10, College Road, Cuddapah -516004.
…Opposite PartieS
This complaint is coming on this day for orders in the presence of Sri. P. Siva Sudharshan , Advocate, for complainant , and Sri G.Md.Habeebur Rahiman , Advocate for opposite party No. 1 and 2 and upon perusing the material papers on record, the Forum made the following.
ORDER
(As per Sri. T.Sundara Ramiah, President)
C.C. No.31/09
1. This complaint is filed under section 11and 12 of the C. P. Act, 1986 praying
a) to pay the policy amount of Rs.85,000/- to the complainant with interest at 24% p.a from the date of death of the deceased i.e, 10-01-2007 till the date of realization along with benefits
b) to grant a sum of Rs.10,000/- towards mental agony .
c) to grant a sum of Rs.5,000/- towards costs of the complaint
d) and grant any other reliefs as the Hon’ble Forum may deem fit and proper in the circumstances of the case.
2. The case of the complainant in brief is as follows:- The complainant’s wife Dosari Naga Lakshmamma insured her life with opposite parties for Rs.85,000/- in the year 2006. The opposite parties issued the policy bearing No. 654192048 . Naga Lakshmamma died on 10-01-2007 due to Malaria fever. After the death of Naga Lakshmamma the complainant submitted the claim form to opposite parties . The opposite parties did not pay the policy amount to the complainant in spite of several representations . Hence the complaint.
3. OP.No.2 filed written version and the same was adopted by OP.No.1. It is admitted that D. Naga Lakshmamma held policy bearing NO.654192048 and the said policy commenced on 20-05-2006 . The said Naga Lakshmamma died on 16-10-2007 but not on 10-01-2007 . Naga Lakshmamma did not pay the premium due on 20-05-2007 . The policy lapsed before the death of Naga Lakshmamma . The complainant filed this compliant in order gain wrongfully .
4. On behalf of the complainant Ex. A1 to A9 are marked . On behalf of the opposite parties RW.1 and RW.2 are examined and Ex.B1 to B4 are marked.
5. On the basis of the above pleadings the points that arise for consideration are
(i) whether there is any deficiency of service on the part of the
respondents/ opposite parties ?
(ii) Whether the complainant is entitled to the relief as prayed
for?
(iii) To what relief?
6. Both parties field written arguments.
7. Point No.1 & 2: Admittedly Naga Lakshmamma took the insurance policy bearing No. 654192048 . The said policy commenced on 20-05-2006 . The assured amount is Rs.85,000/- . Ex.B3 is copy of the policy obtained by Smt. Naga Lakshmamma. As seen from Ex.B3 it is very clear that the complainant is the nominee under the policy. It is the case of the complainant that Naga Lakshmamma died on 10-01-2007 due to Malaria fever when the policy was in force . On the other hand it is the contention of the opposite parties that Naga Lakshmamma died on 16-10-2007 , that she committed default in payment of premium amount and that the policy lapsed by 16-10-2007. The main dispute between the complainant and opposite parties is regarding the date of death of deceased Naga Lakshmamma. The complainant filed Ex.A9 true copy of death certificate issued by Tahsildar , Owk (Mandal) , Kurnool (District). In Ex.A9 it is mentioned that Naga Lakshmamma died on 10-01-2007. The opposite parties to show that Naga Lakshmamma died on 16-10-2007 relied on the evidence of RW.1 and 2 . RW.1 the Ex-surpanch of Vemulapadu (v) in his evidence stated that Ex.B1 was subscribed by him. In his cross examination by the complainant he stated that he did not know when the Naga Lakshmamma died. RW.2 the surpanch of Vemulapadu (v) in his evidence stated that his signature and seal are there in Ex.B1 and that in Ex.B1 the name of the deceased and the date of death are noted. In Ex.B1 statement of RW.1 it is mentioned that Naga Lakshmamma died on 16-10-2007. RW.2 admitted that Ex.B2 is the Anganvadi survey register and that it is disclosed in the in the said register that the date of death of Naga Lakshmamma was 16-10-2007. No doubt RW.1 and 2 in their evidence in cross examination made an attempt to help the complainant , but as seen from Ex.B1 and B2 it is very clear that Naga Lakshmamma died on 16-10-2007 . Ex.A9 certificate is dated 26-11-2007 .The basis on which the Tahisldar , Owk Mandal issued Ex.A9 is not known. The complainant did not choose to file the birth and death register to show the actual date of death Naga Lakshmamma. In the light of evidence RW.1 and 2 I have no hesitation to conclude that Naga Lakshmamma died on 16-10-2007 but not on 10-01-2007 .
8. According to the complainant he sent a letter to the opposite parties on 04-07-2007 claiming the amount . He filed Ex.A1 letter . In the said letter the date of death of Naga Lakshmamma is not at all mentioned. There is no evidence that Ex.A1 letter was acknowledged by opposite parties in the month of July 2007. If really Naga Lakshmamma died on 10-01-2007 it is not known why the complainant kept quite till the end of 2007 without making any claim. It is not the case of the complainant that Naga Lakshmamma paid the 2nd premium due to the opposite parties. The 2nd premium was due by 20-05-2007 . The policy lapsed due to the non payment of the 2nd premium by Naga Lakshmamma. The complainant must have obtained Ex.A9 from the Tahsildar with an intention to make the opposite parties to believe that his wife died on 10-01-2007 . There was no necessity for RW 1 and 2 to speak falsehood and to give false intimation regarding the date of death of Naga Lakshmamma. According to RW 1 and 2 and Ex.B1 and B2 it can be said that Naga Lakshmamma died on 16-10-2007. As the Naga Lakshmamma died after the policy was lapsed for non payment of 2nd premium , the complainant is not entitled to any relief. There was no deficiency of service on the part of the opposite parties.
9. 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 21st day of May , 2010.
Sd/- Sd/-
MALE MEMBER PRESIDENT
APPENDIX OF EVIDENCE
Witnesses Examined
For the complainant : Nil For the opposite parties :
Rw.1. Deposition of RW.1 (C.Subramanyam) dated 15-07-2009.
Rw.1. Deposition of RW.2 (C.G.K.Murthy ) dated 10-09-2009.
List of exhibits marked for the complainant:-
Ex.A1 Xerox copy of letter dated 04-07-2007 to the OP. along with postal receipt and courier service receipts.
Ex.A2. Xerox copy of Notary affidavit.
Ex.A3. Xerox copy of certificate of identity burial.
Ex.A4. Xerox copy of hospital treatment.
Ex.A5. Xerox copy of medical attendance certificate.
Ex.A6. Xerox copy of claimant statement dated 21-02-2008.
Ex.A7. Xerox copy of claim form dated 21-02-2008.
Ex.A8. Xerox copy of agent confidential report dated 21-02-2008.
Ex.A9. Xerox copy of death certificate dated 26-11-2007.
List of exhibits marked for the opposite parties:
Ex.B1. Letter of C.Subramanyam ex-sarpanch of Vemulapadu Village.
Ex.B2. Xerox copy of Anganvadi Survey register.
Ex.B3. Original policy copy bearing No.654192048.
Ex.B4. Status report of policy No. 654192048.
Sd/- Sd/-
MALE MEMBER PRESIDENT
// 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:
