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 28th day of August, 2012 C.C.No.28/2012 Between: K.Suvarna, D/o Chinna Raganna, R/o Kottalapalli Village, Yadiki Mandal, Anantapur District – 515 204. …Complainant -Vs- 1. The Branch Manager, Max New York Life Insurance Company,Kurnool Branch, 5th Floor, MRB Traders, Bangarupeta, Kurnool – 518 002. 2. M/s Max New York Life Insurance Company,Rep. by its Claim Manager, Plot No.90A, Sector 18, Udhyog Vihar, Gurgaon (Haryana) – 122 015. ...Opposite ParTies This complaint is coming on this day for orders in the presence of Sri.A.Prabhakara Reddy, Advocate for complainant and opposite party No.1 called absent and Sri.Prem Kumar Singh, Advocate for opposite party No.2 and upon perusing the material papers on record, the Forum made the following. ORDER (As per Smt. S.Nazeerunnisa, Lady Member) C.C. No.28/2012 1. This complaint is filed under section 12 of C.P. Act, 1986 praying:- (a) To direct the opposite parties to pay Rs.2,06,627/- with benefits under the policy bearing No.815999206 and compensation of Rs.10,000/- to the complainant; (b) To grant interest @ 24% per annum from the date of death; (c) To grant costs of the complaint; (d) To grant such other reliefs as the Honourable Forum deems fit and proper. 2. The case of the complainant in brief is as under:- The complainant is the daughter of Late P.Savitramma. She insured her life with opposite parties 1 and 2 under policy bearing No.815999206 for Rs.2,06,627/- with an annual premium amount of Rs.10,128/-. The period of policy is 10 years. The complainant is the nominee under the policy. On 19-11-2010 the life assured died due to Jaundice. The complainant being the nominee under the policy submitted the claim form to opposite party No.1 along with relevant documents. The opposite parties repudiated the claim on 30-11-2011 on the ground that on the date of proposal the life assured was not alive and the proposal form signed and submitted by a person other than the assured to defraud the opposite parties. The allegation is baseless. She signed on proposal form in the presence of K.Venkateswara Rao and Chitari Ramesh Babu on 21-05-2010. There is deficiency of service on the part of opposite parties. Hence the complaint. 3. Opposite party No.1 called absent. Opposite party No.2 filed written version stating that the complaint is not maintainable. There is no cause of action to file the present complaint. While going through the investigation report the opposite party No.2 came to know through the Death Certificate dated 31-05-2010 issued by Panchayat Secretary, Kristipadu, Peddavaduguru Mandal that LA had expired on 21-05-2010, before issuance of the said policy i.e., 26-05-2010 and the same was also communicated to the complainant through letter dated 30-11-2011. The Death Certificate issued stating the date of death as 19-11-2010 was found forged. Hence the opposite parties rightly repudiated the claim of the complainant. 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 A3 are marked and sworn affidavit of the complainant and third party affidavits of Sri.Chitari Ramesh Babu and Sri.K.Venkateswarulu are filed. On behalf of the opposite parties Ex.B1 to B8 are marked and sworn affidavit of opposite party No.2 is filed. 5. Complainant filed written arguments. 6. Now the points that arise for consideration are: i. Whether there is deficiency of service on the part of Opposite Parties? ii. Whether the complainant is entitled for the reliefs as prayed for? iii. To what relief? 7. POINTS i and ii:- It is the case of the complainant that the assured died on 19-11-2010. Ex.A1 = Ex.B3 dated 25-11-2010 is the photo copy of Death Certificate issued by Panchayat Secretary, Kristipadu Village, Paddavaduguru Mandal. Life assured insured her life with opposite parties under policy bearing No.815999206 for Rs.2,06,627/-. The period of policy is 10 years. Ex.A3=Ex.B1 is the proposal form dated 21-05-2010. Ex.B2 is photo copy of acceptance letter dated 27-05-2010. The complainant being the nominee submitted claim form to opposite parties under Ex.B4 dated 01-10-2011 along with relevant documents. The opposite parties repudiated the claim under Ex.A2=Ex.B8 on the ground that on the date of proposal form, the life assured died, and the proposal form was signed and submitted by a person other than the life assured to defraud the opposite parties. According to complainant the life assured signed on the proposal form in the presence of Sri.K.Venkateswara Rao and Sri.Chitari Ramesh Babu on 21-05-20108. The affidavits of both the witnesses are filed by the complainant to prove her version that she has affixed her thump impression in their presence on 21-05-2010. 8. Admittedly the opposite party No.2 issued the policy bearing No.815999206 in the name of P.Savitramma. According to the complainant the deceased life assured signed the proposal form on 21-05-2010. Ex.B1 is the proposal form of the deceased life assured dated 21-05-2010. Opposite party No.2 accepted the proposal on 26-05-2010 as seen from the policy document attached to Ex.B2 letter dated 27-05-2010. It is mentioned in the schedule page of the policy attached to Ex.B2 that the effective date of coverage is from 21-05-2010. According to the complainant, the life assured died on 19-11-2010. In support of her contention she relied on Ex.A1 Death Certificate. It is the contention of the opposite parties that the life assured P.Savitramma died on 21-05-2010. The opposite parties filed Ex.B7 Death Certificate issued by Panchayat Secretary where in it is mentioned that the life assured died on 21-05-2010. Admittedly the complainant submitted the claim to the opposite parties along with the Death Certificate of the life assured. The opposite parties filed the said certificate Ex.B3 where in it is endorsed by the Panchayat Secretary that it was not issued by him. Admittedly the opposite parties appointed an investigator. The investigator filed its report Ex.B6 after due enquiry. The investigator concluded that the life assured died on 21-05-2010. The complainant made a claim stating that the life assured died on 19-11-2010 instead of on 21-05-2010. The investigator is an independent person. The report of the investigator must be given due weight. The investigator went to the village of the deceased life assured and made enquiries. The enquiries proved that the life assured died on 21-05-2010 i.e., on the date of the proposal form. The proposal of the life assured was accepted by opposite party No.2 on 26-05-2010 without knowing the death of the proposer. As the proposer died on 21-05-2010 before the acceptance of the proposal the complainant is not entitled for any benefits under the policy. The opposite party No.2 basing on the documentary evidence rightly repudiated the claim of the complainant. There is no deficiency of service on the part of the opposite parties. The complainant submitted the claim with false allegations to gain wrong fully. 9. In the result, the complaint is dismissed without costs. Dictated to the stenographer, transcribed by her, corrected and pronounced by us in the open bench on this the 28th 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 Death Certificate issued by Panchayat Secretary, Kristapadu Village Peddavaduguru Mandal dated 19-11-2010 Ex.A2. Photo copy of Letter addressed by the opposite parties to the complainant dated 30-11-2011 Ex.A3 Photo copy of Proposal Forum No.815999206. List of exhibits marked for the opposite parties:- Ex.B1 Photo copy of Proposal Form No.815999206 dated 21-05-2010. Ex.B2 Photo copy of Letter dated 27-05-2010. Ex.B3 Photo copy of Death Certificate issued by Panchayat Secretary Kristipadu Village Paddavaduguru Mandal dated 19-11-2010. Ex.B4 Photo copy of Death Claim Application Form – Form A dated 01-10-2011. Ex.B5 Photo copy of Condolence Letter dated 12-10-2011. Ex.B6 Photo copy of Investigation Report dated 04-11-2011. Ex.B7 Photo copy of Death Certificate issued by Panchayat Secretary Kristipadu Village Paddavaduguru Mandal dated 21-05-2010. Ex.B8 Photo copy of Repudiation Letter dated 30-11-2011. 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 : | 
