THE DISTRICT CONSUMAR DISPUTES REDRESSAL FORUM No.419, Ist Floor,. H.N. Gowda Building, M.B.Road, Kolar-563101 consumer case(CC) No. CC/09/164
D.Krishnappa
...........Appellant(s)
Vs.
The Branch Manager The Manager (Claims)
...........Respondent(s)
BEFORE:
Complainant(s)/Appellant(s):
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
ORDER
CC Filed on 27.10.2009 Disposed on 05.01.2010 BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KOLAR. Dated: 05th day of January 2010 PRESENT: Sri. G.V.HEGDE, President. Sri. T.NAGARAJA, Member. Smt. K.G.SHANTALA, Member. --- Consumer Complaint No. 164/2009 Between: Sri. D. Krishnappa, S/o. Dasappa, Aged about years, R/at Nerelemaradahalli, Sadali Post & Hobli, Sidlaghatta Taluk, Chikkaballapur District. (By Advocate Sri. B. Lakshmiprasad) V/S 1. The Branch Manager, Life Insurance Corporation of India, No.10, Nandi Bhavan, B.B. Road, Chikkaballapur. 2. The Manager (Claims) Life Insurance Corporation of India, Divisional Office II, Jeevan Jyothi, Indira Nagar, IInd Stage, Bangalore 38. (By Advocate Sri. Sama Rangappa) .Complainant .Opposite Parties ORDERS This is a complaint filed under section 12 of the Consumer Protection Act, 1986 praying for a direction against the opposite parties to pay the amount due under LIC policy bearing No. 363666449 for Rs.1,50,000/- with interest and costs etc., 2. The material facts of the case may be stated as follows: That the complainant is the husband of late Lalithamma who died on 03.11.2006. The said Lalithamma had obtained an insurance policy (Jeevan Anand) bearing No. 363666449 for Rs.1,50,000/- with OP.1. The date of commencement of policy was 01.08.2006 and the date of last payment was 01.02.2026. The half yearly premium was Rs.4,473/-. The date of commencement of risk was 31.08.2006. Lalithamma was described as wife of D. Krishnappa (complainant) but nominee was shown as D. Srinivasappa the husband of life assured. After the death of Lalithamma for one or other reason D. Srinivasappa made a claim before OPs. His claim was rejected as he could not establish that he was the husband of life assured. The claim made by complainant was repudiated on the ground that he did not furnish particulars of legal heirs of life assured. 3. The OPs contested the claim on the ground that even for the present the complainant failed to produce particulars of legal heirs and the legal heirs were not parties. They also asked the complainant to prove the relationship with the life assured. They stated that the claim under the policy is admitted and the amount payable is Rs.1,51,377/-. 4. The complainant has filed affidavit in support of allegations made in the complaint. D. Srinivasappa who is shown as nominee has appeared before the Forum and stated that the complainant is the husband of deceased life assured and he has no objection to pay the amount due to the legal heirs of deceased Lalithamma. It is found that D. Srinivasappa is the own brother of complainant and it is also found that complainant and late Lalithamma have one son by name N.K. Manoj Kumar born on 06.06.1997 and one daughter by name N.K. Thanushree born on 18.03.2000. These facts are probably proved before us in this proceedings. 5. On the basis of the facts now established we pass the following: O R D E R The OPs are directed to deposit Rs.1,51,377/- (rupees one lakh fifty one thousand and three hundred-seventy seven) within 30 days from the date of this order before this Forum. In default the OP shall pay interest at the rate of 8% p.a. on the said amount from the date of default till the date of deposit. On deposit of the said amount the entire amount shall be paid to complainant and out of that amount he shall deposit Rs.40,000/- each in the name of his children namely N.K. Manoj Kumar and N.K. Thanushree in State Bank of Mysore, Sadali Branch, Siddlagatta Taluk, till they attain majority. Dictated to the Stenographer, corrected and pronounced in open Forum this the 05th day of January 2010. MEMBER MEMBER PRESIDENT
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