BEFORE THE DISTRICT FORUM:KURNOOL
Present: Sri K.V.H.Prasad, B.A., LL.B., President
And
Smt C.Preethi, M.A., LL.B., Member
Friday the 25th day of May, 2007
C.C. No.34/2007
G. Mahitha Devi, W/o Late Satyanarayana,
R/o Jonnagiri (V), Tuggali (M), Kurnool District. ... COMPLAINANT
Verses
1) The Branch Manager, Life Insurance Corporation of India,
Adoni Branch, Kurnoool District.
2) Life Insurance Corporation of India, Represented by its Divisional Manager,
Kadapa. ... OPPOSITE PARTIES
This complaint coming on this day for hearing in the presence of Sri.A.Prabhakar Reddy, Advocate, Kurnool for Complainant and Opposite Party No. 1 and 2 called absent set exparte upon the perusing the material papers on record, the Forum made the following:
ORDER
(As per Smt. C. Preethi, Member)
1. This consumer complaint of the Complainant is filed U/S 12 of C.P. Act., 1986 seeking a direction on Opposite Parties to pay assured amount with benefits and interest at 24% per annum from the date of death, Rs. 10,000/- as compensation, cost of the complaint and any other relief or reliefs which the Complainant is entitled in the circumstances of the case.
2. The brief facts of the complainant’s case is that the Complainant is the nominee and wife of Late G. Satyanarayana, who insured his life with Opposite Party No.1 under policy bearing No. 653458770 for Rs. 50,000/- on 24-03-2004, On 21-04-2006 the policy holder died due to Jaundice. On the claim preferred by the Complainant it was neither repudiated nor settled. But the Opposite Parties addressed a letter dated 20-02-2007 requesting to furnish form B and B1 and the Complainant gave information by writing a letter dated 23-02-2007 and thereafter there is no response from the Opposite Parties. Hence, resorted to the Forum for redressal.
3. In support of her case the Complainant relied on the following documents viz; (1) Letter dated 16-04-2007 of Opposite Party No.2 to Complainant and (2) Xerox copy of cheque dated 18-04-2007 for Rs. 53,728/-, besides to the sworn affidavit of the Complainant in reiteration of his complaint avernments and the above documents are marked as Ex.A1 and A2 for its appreciation in this case.
4. In pursuance to the notice of this Forum as to this case of the Complainant the Opposite Party did not appeared before the Forum and were made exparte.
5. Hence, the point for consideration is to what relief the Complainant is entitled alleging deficiency of service on part of Opposite Parties?
6. The Complainant file here sworn affidavit on 23-05-2007 stating that her claim has been settled by Opposite Parties for assured amount with bonus for Rs. 53,728/- and paid the same vide Ex.A2. The Ex.A2 is the xerox copy of cheque bearing No. 86736 dated 18-04-2007 for Rs. 53,728/- in favour of the Complainant. The Ex.A1 is the letter dated 16-04-2007 of Opposite Parties addressed to the Complainant, it envisages the details of payment and deduction. Hence the Complainant restricted her claim to interest on the assured amount, compensation and costs.
7. Now the only point for consideration is to what interest the Complainant entitled and from what date: The Opposite Parties after receiving claim form did not settle the claim and requested the Complainant to furnish B and B1 forms and other information and the Complainant complied the said request on 23-02-2007 by writing a letter to Opposite Parties and there is a response from Opposite Parties. There after the Opposite Parties after receipt of this Forum’s, notice settled the claim for Rs. 53,728/- vide Ex.A2, cheque dated 18-04-2007. Hence there is delay from 23-02-2007 to 18-04-2007 for which period the Complainant is entitled to interest on the said amount and as the Opposite Parties driven the Complainant to the Forum for relief, the Complainant is also entitled to costs of Rs. 1,000/- also.
8. In the result, the complaint is allowed directing the Opposite Parties to pay to the complainant interest at the rate of 9% on Rs.53,728/- from 23-02-2007 to 18-04-2007 along with costs of Rs.1,000/- within a month of receipt of this order. In default the Opposite Parties are liable to pay supra awarded amount with 12% interest from the date of default till realization.
Dictated to the Computer Operator transcribed by him, corrected and pronounced in the Open bench on this the 25th day of May, 2007.
MEMBER PRESIDENT
APPENDIX OF EVIDENCE
Witnesses Examined
For the complainant: Nil For the opposite party: Nil
List of exhibits marked for the complainant:-
Ex.A1 Letter dated 16-04-2007 of Opposite Party No.2 to Complainant.
Ex.A2 Xerox copy of cheque dated 18-04-2007 for Rs 53,728/-.
List of exhibits marked for the opposite party:- Nil
MEMBER PRESIDENT
Copy to:-
Sri. A. Prabhakar Reddy, Advocate, Kurnool.
Copy was made ready on:
Copy was dispatched on:
Copy was delivered to parties:
