Date of filing: 16.06.2011
Date of disposal: 06.08.2012
DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, ANANTAPUR.
PRESENT: - Sri T.Sundara Ramaiah, B.Com., B.L., President (FAC)
Smt M.Sreelatha, B.A.,B.L., Lady Member
Sri S.Niranjan Babu, B.A., B.L., Male Member
Monday, the 06th day of August, 2012
C.C.No115/2011
Between:
S.A.A.Prasad,
S/o Late S.Venkata Subbaiah,
D.No.4/7/101, Near Municipal Office,
Hindupur,
Anantapur District. … Complainant
Vs.
1. The Branch Manger,
LIC of India, Branch Office,
Opp: Market Yard, Rahamatpur,
Hindupur,
Anantapur District.
2. The Divisional Manager,
LIC of India, Divisional Office,
College Road,
Kadapa. … Opposite Parties
This case coming on this day for final hearing before us in the presence of Sri H.Nageswara Rao Advocate for the complainant and Sri V.Krishna Sharma, Advocate for the Opposite Parties 1 & 2 and after perusing the material papers on record and after hearing the arguments of both sides, the Forum delivered the following:
O R D E R
Sri S.Niranjan Babu, Male Member: - This complaint has been filed by the complainant under section 12 of the Consumer Protection Act, 1986 against the opposite parties 1 & 2 claiming a sum of Rs.30,000/- towards final Jeevan Akshay Bonus plus Cheque amount of Rs.300/- with interest @ 24% p.a. from 13.01.2009, Rs.10,000/- towards damages and Rs.1000/- towards costs of the complaint.
2. The brief facts are the complaint that: - The complainant is a permanent resident of Hindupur and he is a practicing auditor. The complainant’s father S.VenkataSubbaiah during his life time has taken Jeevan Akshay policy bearing No.650610046 from the 1st opposite party by submitting a proposal form dt.25.03.1989 and sum assured under the policy is Rs.30,000/-. As per the policy conditions the opposite parties agreed to pay monthly pension of Rs.300/- to the policyholder. The complainant’s motherS.Kanthamma is the first nominee and the complainant is the second nominee or alternative nominee to the policy.
3. Subsequently on 31.10.2006 the first nominee i.e., S.Kanthamma died and later on 12.01.2009 the policy holder S.Venkata Subbaiah died and the present complaint is filed by the second nominee to the said policy. After the death of the policyholder the complainant submitted all original documents to the 1st opposite party on 24.02.2009 for payment of the sum assured along with final Jeevan Akshay bonus and two un en-cashed cheques through a letter which was handed over personally to the 1st opposite party . As there was no response from the opposite parties, the complainant got issued legal notice to the 1st opposite party and Insurance Ombudsman on 29.04.2011 demanding to pay the sum assured along with final bonus and two un en-cashed cheques with interest @ 24% p.a. from 13.01.2009.
4. Subsequently the complainant received a cheque for a sum of Rs.30,300/- on 27.05.2011 but the 1st opposite party did not sent any final bonus amount, as there was no mention with regard to the final bonus . The 1st opposite party has committed deficiency of service for which the opposite parties 1 & 2 are liable to compensate the complainant.
5. The 2nd opposite party filed counter stating that the deceased policyholder S.Venkata Subbaiah has taken Jeevan Akshay policy bearing No.650610046 for a sum of Rs.30,000/- with the opposite party branch i.e., 1st opposite party on 25.03.1989. There was no dispute regarding taking the policy by the complainant’s father. The 2ndopposite party submits that the allegation that the complainant informed the opposite parties about the death of the policyholder on 24.02.2009 is not true. And further submits that a letter was received on 03.03.2010 from the complainant asking for the payment of the policy amount. After fulfilling the conditions the opposite party sent a cheque for a sum of Rs.30,300/- towards full and final settlement to the above said policy and the complainant also submitted a discharge voucher for the same towards full and final settlement of the policy. The 2nd opposite party submits that the allegation in the complaint that the complainant is the nominee and is entitled for all the benefits and is eligible to file the present complaint is not true. As per the records of the policyholder and his wife Smt. S.Lakshmikanthamma are dead. Hence, present complaint filed by the complainant is not maintainable and liable to be dismissed.
6. The 2nd opposite party further submits that the opposite party informed the complainant that final bonus was not declared in respect of Jeevan Akshay policy (both on vesting and after vesting and on death) and as per the circular reference No. Actuarial/Valuation/2174/4, dt.05.12.2009 the final bonus was not declared. Hence, the question of payment of bonus to the above policy does not arise. The complainant is very well aware of this fact and knowingly filed the present complaint for wrongful gain from the opposite parties.
7. The 2nd opposite party further submits that no bonus was declared on the above said policy till today and the annuity amount is payable up to the month of life assureds death. In the present case the life assured died on 12.01.2009 and as per rules annuity is payable up to 01.02.2009. The claimant sent the two cheques dt.01.02.2009 and 01.03.2009 and the amount of Rs.300/- of cheque dt.01.02.2009 was added to the guaranteed insurance sum and the cheque of Rs.300/- dt.01.03.2009 was cancelled as the same is not to be payable under the above said policy is paid long back and the question of payment of any amount does not arise.
8. And the further allegation in the complaint that the complainant is entitled to bonus amount of Rs.30,000/- and Rs.300/- towards un en-cashed amount with interest @ 24% p.a. from 13.01.2009 does not arise. Hence, the complaint filed by the complainant is liable to be dismissed with exemplary costs.
9. The 1st opposite party filed adoption memo adopting the counter of the 2nd opposite party.
10. Basing on the above pleadings, the following points that arise for consideration are:-
i) Whether there is any deficiency of service on the part of the opposite parties 1& 2?
ii) To what relief?
11. In order to prove the case of the complainant, the complainant has filed his evidence on affidavit and marked Exs.A1 to A5 documents. On behalf of the 2ndopposite party, the 2nd opposite party filed evidence on affidavit and marked Ex.B1 to B4 documents.
12. Heard both sides
13. POINT NO 1:- There is no dispute with regard to the taking of the Jeevan Akshay policy by the complainant’s father during his life time from the opposite parties and the sum assured for the said policy is Rs.30,000/- and in addition to a sum of Rs.300/- per month is paid as pension during the life time of the life assured. The wife of the deceased policyholder S. Lakshmikanathamma is made first nominee and the complainant is the second or alternative nominee to the policy.
14. Subsequently on 31.10.2006 the first nominee of the policy died and later on 12.01.2009 the policyholder i.e., S.Venkata Subbaiah died and now the complainant is the nominee for the said policy. After the death of the policyholder the complainant submitted all the original documents to the 1st opposite party on 24.02.2009 for payment of the guaranteed insurance sum along with Jeevan Akshay bonus and two un en-cashed cheques of Rs.300/- each. After receiving the death claim documents the opposite party has sent a cheque for a sum of Rs.30,300/- in favour of the complainant and filed a discharge voucher for the same which is marked as Ex.B2 in which the complainant has endorsed his signature as full and final settlement of the policy. The argument made by the counsel for the complainant is that in addition to the above said amount of Rs.30,300/- bonus of Rs.30,000/- and another un en-cashed cheque for a sum of Rs.300/- are also to be paid to the complainant by the opposite parties. But after careful perusal of the documents submitted by the complainant and the opposite parties it clearly shows that the opposite parties argument is considered because the issue of bonus is a discretion of the opposite parties but not compulsory as argued by the counsel for the complainant. The issuing of bonus will be declared by the opposite parties management and if declared automatically the complainant also will be considered for the bonus. Hence, the claim made by the complainant for final bonus of Jeevan Akshay policy cannot be allowed to the complainant and with regard to un en-cashed cheque of Rs.300/- was cancelled as the policyholder died on 12.01.2009 and so the pension payable by the opposite parties is only up to the month of January and not for the month of February. Hence the said amount of Rs.300/- was not paid from the un en-chased cheque dt.01.03.2009.
15. And it was an admitted fact that the 1st opposite party has sent a cheque for a sum of Rs.30,300/- to the complainant and obtained a discharge voucher dt.23.05.2011 from the complainant which is marked as Ex.B2. This shows that opposite parties 1 & 2 had fulfilled their liability to the complainant and there is no deficiency of service on the part of the opposite parties 1 & 2.
16. In the above circumstances we are of the view that the opposite parties 1 & 2 have not committed any deficiency of service to the complainant. Hence, the complaint is dismissed.
17. In the result the complaint is dismissed without costs.
Dictated to the Steno, transcribed by him, corrected and pronounced by us in open Forum, this the 06th day of August, 2012.
Sd/- Sd/- Sd/-
MALE MEMBER LADY MEMBER PRESIDENT (FAC)
DISTRICT CONSUMER FORUM DISTRICT CONSUMER FORUM DISTRICT CONSUMER FORUM
ANANTAPUR ANANTAPUR ANANTAPUR
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
ON BEHALF OF THE COMPLAINANT:
NIL
ON BEHALF OF THE OPPOISITE PARTIES 1& 2
-NIL-
EXHIBITS MARKED ON BEHALF OF THE COMPLAINANT
Ex.A1 Xerox copy of the insurance policy bearing No. 650610046 issued by the
1st opposite party in favour of the deceased S.Venkata Subbaiah.
Ex.A2 Xerox copy of the death relating to deceased S.Venkata Subbaiah certificated
issued by Municipal Commissioner Hindupur.
Ex.A3 Xerox copy of the death certificate relating to S.Lakshmi Kantamma 1st nominee
issued by the Municipal Commissioner, Hindupur
Ex.A4 Xerox copy of the letter dt.24.02.2009 submitted by the complainant to the
1st opposite party.
Ex.A5 Office copy of the legal notice dt.29.04.2012 got issued by the complainant to
1st opposite party.
EXHIBITS MARKED ON BEHALF OF THE OPPOSITE PARTIES
Ex.B1 Original insurance policy bearing No. 650610046 issued by the
1st opposite party in favour of the deceased S.Venkata Subbaiah.
Ex.B2 Discharge voucher submitted by the complainant to the 1st opposite party.
Ex.B3 Letter dt.27.05.2011 issued by the LIC of India, Branch-I, Anantapur to the
complainant.
Ex.B4 Xerox copy of circular dt.05.12.2009 issued by LIC of India, Mumbai to all
branch’s and other offices
Sd/- Sd/- Sd/-
MALE MEMBER LADY MEMBER PRESIDENT (FAC)
DISTRICT CONSUMER FORUM DISTRICT CONSUMER FORUM DISTRICT CONSUMER FORUM
ANANTAPUR ANANTAPUR ANANTAPUR
