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

Tuesday the 14^th day of August, 2012

C.C.No.135/2011

Between:

1. Vannuramma,W/o Late Vannur Saheb,

   R/o 21-85-1, Konda Peta, Dhone - 518 222,Kurnool District.

2. S.Shaikshavail, S/o Late S.Maqabul Basha,

   R/o 21-85-1, Konda Peta, Dhone - 518 222, Kurnool District.

3. S. Saleema,D/o Late S.Maqabul Basha,

   R/o 21-85-1, Konda Peta, Dhone - 518 222, Kurnool District.

4. S.Thaslima,D/o Late S.Maqabul Basha,

   R/o 21-85-1, Konda Peta,Dhone - 518 222,Kurnool District.

   (Being Minor represented by its Grand Mother

   Vannuramma i.e., First Complainant)                …Complainants

                                                    -Vs-      

1. The Branch Manager, Life Insurance Corporation of India,

   H.No.8-85-4-1, Kothapeta, Dhone - 518 222,Kurnool District.

2. The Senior Divisional Manager,Life Insurance Corporation of India,

   Divisional Office,

   P.B.No.10, College Road, Kadapa -516 004.

                                                            ...Opposite ParTies

This complaint is coming on this day for orders in the presence of Sri.M.Sivaji Rao, Advocate for complainants 1 to 4 and Sri.A.V.Subramanyam, 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.135/2011

1.     This complaint is filed under section 11 and 12 of C.P. Act, 1986 praying:-

1.   To direct the opposite parties to pay the assured amount along with interest at 24% per annum and bonus;

1.   To grant a sum of Rs.15,000/- towards the compensation for causing mental agony and hardship;

1.   To grant the costs of the complaint;

And

1.   To grant any other order or orders that are deem to be fit and proper in the circumstances of the case.

2.    The case of the complainant in brief is as under:- Late Shaik Makbul Basha obtained LIC Insurance policy bearing No.655103170 from opposite party No.1 on 21-05-2008.  The sum assured under policy is Rs.30,000/-.  S.Madar Bee wife of the insured is the nominee under the policy.  The insured died on 28-12-2009 due to jaundice.  S.Madar Bee the nominee under the policy also died on 12-05-2010.  After the death of the insured and the nominee, the complainants 2 to 4 are under the care and protection of the first complainant. The first complainant submitted the claim to the opposite parties.  The opposite parties not settled the claim.  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 life of Late Shaik Makbul Basha was insured under the policy bearing No.655103170 for an amount of Rs.30,000/-.  S.Madar Bee wife of Late Shaik Makbul Basha is the nominee under the policy.  After receiving the claim from the first complainant, the opposite parties verified it and found that an amount of Rs.32,880/- was payable to the heirs of the deceased.  The complainants did not file succession certificate.  The opposite parties ready to pay the amount to the legal heirs of the deceased on production of succession certification.  There is no deficiency of service on the part of the opposite parties.  The complaint is liable to be dismissed. 

4.     On behalf of the complainant Ex.A1 to A4 are marked and sworn affidavit of the first complainant is filed. On behalf of the opposite parties sworn affidavit of opposite party No.2 is filed. No documents is filed.

5.     Both sides filed written arguments.

6.     Now the points that arise for consideration are:

1. Whether there is deficiency of service on the part of Opposite Parties?

1. Whether the complainant is entitled for the reliefs as prayed for?

1. To what relief?

7.      POINTS i and ii:-  Admittedly Late Shaik Makbul Basha obtained the insurance policy bearing No.655103170 from opposite party No.1 for an assured amount of Rs.30,000/- Ex.A1 is the copy of the said policy.  He appointed S.Madar Bee who is his wife as nominee.  It is the case of the complainant that the insured Late Shaik Makbul Basha died on 28-12-2009 due to Jaundice.  The complainant filed Ex.A2 Death Certificate of Late Shaik Makbul Basha.  It is further case of the complainants that S.Madar Bee who is the nominee under the policy also died on 12-05-2010 Ex.A3 is the Death Certificate of S.Madar Bee.

 8.    The second complainant is the son and complainants 3 and 4 are the daughters of the deceased Late Shaik Makbul Basha.  The first complainant is the maternal Grand Mother of complainants 2 to 4.  Admittedly the first complainant made the claim to the opposite parties after the death of the insured.  The opposite parties insisted the first complainant to produce the succession certificate in order to enable them to pay the amount.   The complainants did not produce the succession certificate before the opposite parties.  Therefore the opposite parties did not pay the amount to complainants 2 to 4.  The amount payable by the opposite parties is not a debt.  Therefore succession certificate need not be filed by the complainants 2 to 4.  The complainants filed Family Members Certificate Ex.A4.  As seen form the Family Members Certificate it is very clear that the second complainant is the son and complainants 3 and 4 are the daughters of the deceased life insured.  The complainants 2 to 4 entitled to receive the sum assured.  According to the opposite parties the sum assured and bonus payable under the policy is Rs.32,880/-.  The second complainant who is the son of the deceased is entitled to two shares.  The complainants 3 and 4 who are daughters of the deceased are entitled to one share each.  The second complainant is entitled to Rs.16,440/- and the complainants 3 and 4 are entitled to Rs.8,220/- each on attaining the majority. 

9.     In the result, the complaint is partly allowed directing the opposite parties 1 and 2 jointly and severally to deposit an amount of Rs.32,880/- in the Forum, within two weeks from the date of order.  On such deposit the same shall be deposited in any Nationalized Bank till the complainants 2 to 4 attain the age of majority.  On attaining the age majority second complainant is entitled to receive Rs.16,440/-, the complainants 3 and 4 are entitled to receive Rs.8,220/- each along  with interest occurred there on.         

        Dictated to the stenographer, transcribed by her, corrected and pronounced by us in the open bench on this the 14^th 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 Policy bearing No.655103170.

Ex.A2.       Photo copy of Death Certificate issued by Commissioner, Dhone Municipality, dated 27-01-2010.

Ex.A3                Photo copy of Death Certificate issued by Commissioner,                           Dhone Municipality, dated 24-06-2010.

Ex.A4        Photo copy of Family Members Certificate issued by Tahsildar, Dhone Mandal, dated 06-08-2010.

List of exhibits marked for the opposite parties:- NILL

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  :

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