Date of Filing : 11.04.2012

  Date of Order : 07.05.2012

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KOLAR

Dated 7^th MAY 2012

PRESENT

Sri. H.V. RAMACHANDRA RAO, B.Sc., BL,   …….                PRESIDENT

Sri. T.NAGARAJA, B.Sc., LLB.                        ……..     MEMBER

Smt. K.G.SHANTALA, B.A., LLB.                    ……..     MEMBER

CC No. 48 / 2012

1. Sri. V. Ramachandran,

    S/o. Late Venkataramappa,

    Aged about 27 years,

    R/o. Pethandlahalli Village,

    Byrakur Post & Hobli, Mulbagal Taluk,

    Kolar District.

2. Yeshodamma,

    W/o. Late Venkataramappa,

    Aged about 45 years.

3. P.V. Bhagya,

    D/o. Late Venkataramappa,

    Aged about 20 years.

4. Varalakshmi,

    D/o. Late Vankataramappa,

    Minor of 10 years,

    Rep. by her mother 2^nd Complainant as

    Natural guardian

    All are R/o. Pethandlahalli Village,

    Byrakur Hobli,

    Mulbagal Taluk.

    (By Sri. S.N. Murthy, Adv.)                                ……. Complainants

V/s.

The Manager,

LIC of India, Rajkumar Road,

Near KSRTC Bus Stand,

Kolar.                                                                    …… Opposite Party

ORDER

By Sri. T.NAGARAJA, MEMBER

The brief antecedents that lead to the filing of the Complaint made u/s. 12 of the C.P. Act seeking direction to the OP to pay the Policy amount along with all benefits therein are necessary:

The father of the Complainant Nos. 1, 3 & 4 and husband of the Complainant No. 2 had insured his life with OP for a sum of Rs.2,00,000/- in Policy No. 364107945  and Policy commenced on 24.09.2009.  The deceased was paying the premium regularly.  The deceased died on 05.11.2010 due to cardiac arrest.  Complainant informed the same to the OP and made a claim regarding Policy amount.  Earlier the deceased  had T.B., but it was cured as on 28.01.2008 itself and the Certificate is issued by the concerned.  That has nothing to do with the death of the deceased.  Even then, OP has not honoured the claim in spite of repeated requests & demands and letter.

2.       Notice is served on the OP.  But OP has not appeared and contested the matter. 

3.       The Learned Counsel for the Complainant has filed a Memo stating that the Complaint and the documents be read as their evidence.  Heard. 

4.       The points that arise for our consideration are:

          (A)     Whether there is deficiency in service ?

          (B)     What order ?

5.       Our findings are:

          (A)     Positive

          (B)     As per detailed order for the following reasons

REASONS

6.       Reading the Complaint in conjunction with the documents on record, it is established that one Venkataramappa, father of the Complainant Nos. 1, 3 & 4 and the husband of Complainant No. 2 had insured his life with OP in Policy No. 364107945 for Rs.2,00,000/- and the Policy commenced on 24.09.2010.  The deceased had paid the premium regularly.  On 05.11.2010 deceased died owing to cardiac attack and not for other reasons.

7.       The deceased was attacked with T.B. earlier and in August 2008 itself it was completely cured and there was no semblance of T.B. in his body.  This T.B. has nothing to do with the cardiac arrest.

8.       It is further established that Complainant made a claim with OP regarding policy benefits.  But, OP has not honoured the claim till date nor paid anything under the Policy.  This is nothing but deficiency in service.

9.       Once the OP insured the life of the deceased, in case of death of the deceased, it has to honour the claim under the Policy by paying the assured amount.  This has not been paid.  This is nothing but deficiency in service.  Hence, we hold the point accordingly and pass the following order:

ORDER

01.     Complaint is allowed in part.

02.     OP is directed to pay the assured amount under the Policy No.  364107945 with all benefits thereto in equal share of 1/4^th to each of the Complainants within 30 days from the date of this Order.

03.     OP shall pay 1/4^th share each to the Complainants Sri. V. Ramachandran, Smt. Yeshadamma & Ms. P.V. Bhagya within 30 days from the date of this order.  

04.     OP shall keep 1/4^th share of the Policy amount with  benefits in the name of Kum. Varalakshmi, D/o. Late Venkataramappa under the guardianship of the Complainant No. 2 i.e., Smt. Yeshodamma, W/o. Late Venkataramappa in any nationalized / scheduled Bank co-extensive with her majority.

05.     Complainant No. 2 is entitled to quarterly periodical interest on the said secured FD for the benefit of her daughter.

06.     If the amount is not paid within 30 days as stated supra at (2) above, then OP shall pay the said amount with interest @ 12% P.A. from the date of the death of the deceased i.e., 05.11.2010, until payment within 60 days.

07.     OP is also directed to pay Rs.2,000/- as costs of this litigation to the Complainants.

08.     OP is directed to send the amount as ordered above to the Complainant by Demand Draft through RPAD and keep the amount in FD as ordered above and submit to this Forum the compliance report with necessary documents within 75 days.

09.     Send copy of the Order to the parties concerned free of cost.

10.     Return extra sets to the parties concerned under Regulation 20(3) of Consumer Protection Regulations 2005.

(Dictated to the Stenographer, got it transcribed and corrected and pronounced in the open Forum on this the 7^th day of May 2012)

T. NAGARAJA          K.G.SHANTALA           H.V.RAMACHANDRA RAO

    Member                         Member                                       President

SSS