BEFORE THE DISTRICT 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
Wednesday the 2nd day of November, 2011
C.C.No.36/2011
Between:
K.Suvarna Rao, W/o Late B.Varaprasad Rao,
H.No.4/149/32/11/33, Sreerama Nagar, Dhone, Kurnool District-518 222.
…Complainant
-Vs-
1. The Branch Manager, Life Insurance Corporation of India,
Dhone Branch, H.No.4/59, Backside of SBI, urnool District-518 222.
2. Life Insurance Corporation of India,Represented by its Divisional Manager,
Post Box No.10, D.No.1-55, Jeevan Prakash Building, College Road, Kadapa-516 002.
…OPPOSITE PARTIES
This complaint is coming on this day for orders in the presence of Sri A.Rama Subba Reddy, Advocate for complainant and Sri A.S.Ummer Javid Ali, 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.36/2011
1. This complaint is filed under section 12 of C. P. Act, 1986 praying:-
- To direct the opposite parties to pay Rs.2,50,000/- with benefits under the policy bearing No.655107632 and compensation of Rs.10,000/- to the complainant;
- To grant interest @ 24% per annum from the date of death;
- To grant costs of this complaint;
- To grant such other reliefs as the Honourable Forum may deem fit and proper.
2. The case of the complainant in brief is as under:- The complainant is the wife of Late K.L.Varaprasad Rao who insured his life with the opposite parties under the policy bearing No.655107632 for a sum of Rs.2,50,000/-. The policy commenced on 27-11-2008. The period of the policy is 16 years. The yearly premium payable under the policy is Rs.16,567/-. The complainant is the nominee under the policy. On 18-02-2009 Late K.L.Varaprasad Rao husband of the complainant died due to jaundice. The death intimation was given to the opposite party No.1. Within one month after the death of insured the complainant submitted the claim form along with required documents. But the opposite parties 1 and 2 did not settle the claim. The complainant received a letter dated 07-05-2009 from the opposite parties demanding her to produce B and B1 forms and treatment particulars. The complainant furnished the said information to opposite parties but there was no responds from the opposite parties. There is deficiency of service on the part of opposite parties. Hence the complaint.
3. Opposite party No.2 filed written version and the same is adopted by the opposite party No.1. It is stated in the written version that the complaint is not maintainable. The complainant’s husband Late K.L.Varaprasad Rao insured his life with opposite party No.1 under the policy bearing No.655107632 for a sum of Rs.2,50,000/-. The period of policy is 16 years and yearly premium payable is Rs.16,567/-. The complainant is the nominee under the said policy. The complainant informed that her husband died on 18-02-2009. Opposite party No.1 furnished the claim form to the complainant requesting her to submit the same along with required documents. The complainant failed to furnish the required documents. Hence the letter dated 07-05-2009 was sent to the complainant informing her to submit the required documents. Instead of furnishing the required documents, the complainant filed the present complaint in hurry manner. There is no deficiency of service on the part of opposite parties. The complaint is liable to be dismissed.
4. On behalf of the complainant Ex.A1 to A8 are marked and sworn affidavit of the complainant is filed. On behalf of the opposite parties sworn affidavit of opposite party No.2 is filed. No document is marked.
5. Both sides filed written arguments.
6. The points that arise for consideration are:
- Whether there is deficiency of service on the part of Opposite Parties?
- Whether the complainant is entitled to the reliefs as prayed for?
- To what relief?
7. POINTS 1 and 2:- Admittedly the complainant’s husband Late K.L.Varaprasad Rao obtained insurance policy bearing No.655107632 from opposite party No.1 for a sum of Rs.2,50,000/-. The yearly premium payable under the policy is Rs.16,567/-. It is the case of the complainant that her husband died on 18-02-2009 due to Jaundice. The complainant in her sworn affidavit clearly stated about the death of her husband on 18-02-2009. The complainant also filed Ex.A1 photo copy of Death Certificate issued by Registrar of Births and Deaths, Tadipatri Municipality. It is mentioned in Ex.A1 that Late K.L.Varaprasad Rao husband of the complainant died on 18-02-2009. She also field Ex.A7 photo copy of claim form C issued by Head Master Z.P. High School, Juturu. In Ex.A7 also it is mentioned that Late K.L.Varaprasad Rao died on 18-02-2009 due to Jaundice.
8. Admittedly the complainant is the nominee under the policy. It is the case of the complainant that immediately after the death of her husband she sent the intimation to the opposite parties and that the opposite parties sent the claim forms. It is her further case that she submitted the claim form along with required documents to opposite parties, but the opposite parties did not settle the claim and sent a letter dated 07-05-2009 requesting the complainant to submit B, B1 forms and particulars of the treatment. The complainant field Ex.A3 letter dated 07-05-2009 sent by the opposite parties under which they requested the complainant to submit affidavit in lieu of form B, B1 and form C. It is the case of the complainant that after receiving the original of Ex.A3 she submitted the claim form C and affidavit in lieu of form B, B1. Ex.A7 is the claim form C and Ex.A8 is the affidavit of S.Ranganayakulu attested by notary. It is the case of the opposite parties that they did not receive Ex.A7 and Ex.A8 from the complainant and therefore they could not settle the claim of the complainant. According to the complainant she submitted the original of Ex.A7 and Ex.A8 along with Ex.A6 letter dated 06-09-2010. Evidencing the same she filed Ex.A5 postal receipt. As seen from Ex.A5 it is very clear that on 07-09-2010 the complainant sent Ex.A6 to Ex.B8 to the opposite parties. The contention of the opposite parties that there was no reply from the complainant for letter dated 07-05-2009 and that the complainant field the present complaint in hurry manner cannot be accepted. The complainant field the present complaint on 17-02-2011 having waited for more than five months. There is deficiency of service on the part of opposite parties. The opposite parties could not settle the claim of the complainant within reasonable time. The complainant submitted Exs.A6 to Ex.A8 on 07-09-2009. The complainant established that her husband died on 18-02-2009 due to jaundice. The complainant field the present complaint as the opposite parties failed to settle the claim within responsible time. The complainant who is the nominee under the policy is entitled for assured amount of Rs.2,50,000/-.
9. In the result, the complaint is partly allowed directing the opposite parties 1 and 2 jointly and severally to pay assured amount of Rs.2,50,000/- to the complainant with interest at 9% per annum from the date of the complainant i.e., 17-02-2011 till the date of payment along with cost of Rs.500/-.
Dictated to the stenographer, transcribed by her, corrected and pronounced by us in the open bench on this the 2nd day of November, 2011.
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 Death Certificate issued by Registrar of Births and Deaths Municipal Corporation, Tadipatri Municipality, Anantapuram District dated 24-02-2009.
Ex.A2. Office copy of legal notice dated 29-04-2010 along with
postal receipt.
Ex.A3 Photo copy Letter dated 29-04-2010 by opposite party
No.2 to complainant.
Ex.A4 Photo copy of F.I.R. in Crime no.13/2009 of Allagadda
Rural Police dated 19-02-2009.
Ex.A5 Photo copy of Policy bearing No.655107632.
Ex.A6 Postal Receipt dated 07-09-2010.
Ex.A7 Photo copy of Claim Form – C relating to deceased K.L.Varaprasad Rao.
Ex.A8 Photo copy of Notarized Affidavit of S.RAnganayakulu.
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 :
Copy was made ready on :
Copy was dispatched on :
