PRESENT SRI P.V. NAGESWARA RAO, M.A., LL.M., PRESIDENT

SRI S.A. KHADER BASHA, B.Sc. MEMBER.

 

Monday, 24^th May 2010

 

Pendlimarri Venkata Lakshumma, W/o Late P. Obulesu,

aged about 45 years, Vellutor Village, Pendlimarri Mandal,

Kadapa District.                                                                         ….. Complainant.

Vs.

 

1) The Communit’s Coordinator, Velugu A.P.R.P.R.A.

2) President, Kadapa District Samakya, I.K.P.D.R.D,

3. Divisional Manager, Life Insurance Corporation of India,

     Near Arts College, Kadapa.                                                     ..….. Respondents.  

 

  

This complaint coming on this day for final hearing on  21-5-2010 in the presence of complainant as in person and Sri K. Ramachandra Reddy, Advocate for R1 & R2, and Sri D. Lakshminrayana, Advocate for R3 and upon perusing the material papers on record, the Forum made the following:-

 

 

 

1.                Complaint filed under section 12 of the Consumer Protection Act 1986.

 

2.                The brief facts of the complaint is as follows:- The complainant is the wife of deceased P. Obulesu. The deceased P. Obulesu had got Am Admi Bheema Yojana policy under Indira Life Bheema Scheme in coordination with L.I.C (P&GS), Hyderabad. The policy bearing No. 600171 for Rs. 30,000/-, dt. 01-4-2008. The maturity date of the policy is 31-3-2009. The policy should be renewed by 1-4-2009. The deceased husband of the complainant paid renewal fee for renewal of the above said policy.   After four days the deceased husband of the complainant died on                4-4-2009. The death of the deceased husband of the complainant was informed to the Life Insurance Corporation of Am Admi Bhima Yojana Scheme (AABY). After the information of the officials of the above AABY scheme officials came to the complainant’s village and enquired about the policy bonds and they sanctioned              Rs. 5,000/- to the complainant out of Rs. 30,000/-. The remaining amount of             Rs. 25,000/- will be issued after three months. So it is clear the policy got renewed it was in force.   After three months the complainant went to the officials of Life Insurance Corporation and AABY Officials and enquired about the remaining amount of Rs. 25,000/- and also informed the official that the said AABY policy was renewed in the name of the complainant.  So there are no dues on AABY policy of the deceased husband of the complainant. The said AABY policy in coordination with Life Insurance Corporation of India, Hyderabad was renewed in the name of the complainant under I.D No. 2176867. The complainant submits that she never requested the AABY authorities or Life Insurance Corporation of India authorities for renewal of her deceased husband’s policy in her name. The same thing was informed to the coordinator of I.K.P, D.R.D.A, Kadapa and requested them to sanction the balance amount of Rs. 25,000/- of her deceased husband’s policy. Hence, this complaint. 

 

3.                The Respondent No. 2 filed a counter adopted by R1 with a memo.  It is true that the complainant’s husband P. Obulesu had joined in Am Admi Bhima Yojana Scheme, Vellaturu Grama Samakhya from 01-4-2008 to 31-3-2009 for a period of one year only. After that the policy must be renewed on 01-4-2009. In the District in Am Admi Life Insurance Plan, persons who are joined in the plan, a clear direction was given to the Village Grama Samakhya to renew their policies and same is continued from May 2009 to June 2009 but not before. The complainant’s husband P. Obulesu died on 4-4-2009 and the policy was not in force by that time and the policy was renewed and the complainant is not entitled to any claim under this scheme.  The Respondent No. 2 further states that Grama Samakhya Animator P. Uttama Reddy has given statement dt. 15-7-2009 that the complainant’s husband policy under Am Admi Bhima Yojana Scheme was not renewed and the complainant forged the signature of the Animator in the renewal paper and submitted the same before the Hon’ble Forum, as we are not supplied any renewal papers in the month of April 2009. Respondent No. 2 further states that the complainant’s husband P. Obulesu without renewed the policy, Pendlimarry Mandal Bhima Mitra as temporary relief paid Rs. 5,000/-to the legal heirs of late P. Obulesu. It is a fact that the complainant’s husband P. Obulesu died before his policy renewal.  The complainant entered her name under Am Admi Bhima Yojana plan and the policy bond also enclosed. The  Respondent No. 2 submits that he had received directions from the Govt. of Andrha Pradesh to renew the policies in the month of May 2009. The Respondent No. 2 is not authorized to renew the policy without directions from the concerned authorities.  The Respondent No. 2 states that the complaint averments does not disclose against whom the main relief is sought for by the complainant. 

 

4.                R3 filed a counter denying the allegations made by the complainant that, it is not concerned with the relief sought for the complaint.    The alleged insurance is originally sponsored by the Govt. of Andhra Pradesh under a beneficiary scheme called as Aam Aadmi Bhima Yojana (AABY) in coordination with LIC (P&GS), Hyderabad, as such R3 is Divisional office at Kadapa is not concerned with any dispute relating to the said scheme.    For the entire state it is governed by the Govt. of Andhra Pradesh with a particular office of LIC of India at Hyderabad and the particular scheme will be entertained by Nodal Agency, SERP i.e. Society for Elimination of Rural Poverty), which is a registered society under AP Mutually Aided Cooperative Societies Act.  The said SERP is working under Rural Development Department of Andrha Pradesh State Government. The said deciding authority for enrolment of members under the scheme and 50% premium i.e. Rs. 100/- for each member enrolled, will be paid by the State Government and the remaining 50% premium i.e. Rs. 100/- will be received from Central Government’s Social Security Fund LIC of India will cover the risk of such enrolled members for one year for whom the date and premium amount is received.  The entire scheme a common I.D will be given by the LIC and in the instant case, it is 2176867. The individual member will be given separate ID. The renewals after one year validity period will be depending upon the data furnished by the said Nodal Agency. It will be a random date covering thousands of individuals through out the state.  After receipt of the death intimation of an individual, Bhima Mitra ( a person appointed by Nodal Agency) would visit the family of the deceased individual within a day or two and arranges for payment of                   Rs. 5,000/- as immediate relief and after thorough enquiry. On settlement of the claim by the insurance company the remaining amount of Rs. 25,000/- will be paid to the complainant i.e. the deceased family or nominee, by the government.  In this case the deceased P. Obulesu is a member under Aam Aadmi Bhima Yojana (AABY) scheme for the period from 1-4-2008 to 31-3-2009 and under individual ID No. 11133011200000600171 under the LIC common ID 2176867. The nominee is one Venkata lakshmumma, who is his wife.   This is a one year renewable term assurance scheme, as such it is renewable by 1-4-2009 but the risk of the said individual P. Obulesu was not renewed by the government under the said scheme. The risk is covered on the life of the complainant P. Venkata lakshumma with her individual jab card No. 111533312015010180 and the nominee is her son P. Obulesu aged 23 years. Therefore, it is clear that the risk of the husband of the complainant P. Obulesu is not covered under AABY scheme for the period from 1-4-2009 to               31-3-2010. Admittedly, LIC of India has not received any claim from the Nodal Agency, as there is no coverage of risk on the life of the husband of the complainant by the time of his death i.e. 4-4-2009, no claim for his death is admissible. The entire averments and allegations of the complaint are concerned with the role of the Government of Andhra Pradesh i.e. R1 & Respondent No. 2. The insurance company will not pay any partial amount like Rs. 5,000/- or whatever may be the amount, as initial amount and admittedly the said initial amount was paid by the government as immediate relief to the deceased family. It is not known who has assured the complainant that the remaining amount of Rs. 25,000/- will be given within three months and etc., The insurance company will arrange to pay the entire assured amount of Rs. 30,000/- at once, if the claim received from the Nodal agency, otherwise in order. If the claim is not admissible the entire assured sum will not be paid. So there is no allegation on deficiency of service on the part of R3. Therefore, the complaint is liable to be dismissed. 

5.                On the basis of the above pleadings the following points are settled for determination. 

i.                   Whether there is any negligence and deficiency of service on the part of the respondents 1 to 3?

ii.                 Whether the complainant is entitled to the relief’s as prayed for?

iii.              To what relief?

 

6.                On behalf of the complainant Ex. A1 to A9 were marked and on behalf of the respondents Ex. B1 & B2 were marked.     

 

7.                Point No. 1 & 2  The husband of the complainant late P. Obulesu had joined Aam Aadmi Bhima Yojana Schme, Vellaturu Grama Samakya. The policy was inforce from 01-4-2008 to 31-3-2009 for one year. Aam Aadmi Bhima Yojana (AABY) is originally sponsored by Government of Andrha Pradesh in coordination with LIC (P&GS), Hyderabad. For the entire state it is governed by the government of Andrha Pradesh with the particular office of LIC of India at Hyderabad. This particular scheme will be entered by Nodal agency, SERP (Society for elimination of Rural Poverty), which is a registered society under A.P. Mutually Aided Cooperative Societies Act. The said SERP is working under Rural Development Department of Andhra Pradesh State Government. The said “SERP” is deciding authority for enrolment of members under the scheme.  Under this scheme 50% premium i.e.          Rs. 100/- for each member enrolled will be paid by the State Government and the remaining 50% of the premium Rs. 100/- will be received from Central Government’s Social Security Fund. LIC of India will cover the risk of such enrolled members for one year for whom the data and premium amount is received for the entire scheme a common I.D will be given by the LIC.   The individual member will be given a separate I.D. The renewals after one year validity period will be depending on the date furnished by the said Nodal agency. It will be a random data covering thousands of individuals through out the state.  In this district Aam Aadmi Bhima Life insurance plan persons who are joined in this plan has given a clear direction to the Village Grama Samakhya to renew their policies and same is continued from May 2009 to June 2009 but not before that. The complainant’s husband P. Obulesu died on               4-4-2009 and the policy was not in force by that time and the policy was not renewed. The Village Grama Samakhya Animator P. Uttama Reddy has given statement dt. 15-7-2009 stating that the complainant’s husband  policy under Am Admi was not renewed.

 

8.                In this case P. Obulesu is a member under Aam Aadmi Bhima Yojana Scheme (AMBY) for the period from 1-4-2008 to 31-3-2009 under individual I.D No. 11133011200000600171 under the LIC  common ID 2176867. The nominee is one Venkata lakshmumma, who is his wife.   This is a one year renewable term assurance scheme. The policy has to be renewable by 1-4-2009 but the risk of the said individual P. Obulesu was not renewed by the Government under the said scheme. The risk is covered on the life of the complainant P. Venkatalakshmi on her individual job card No. 111533312015010180 and the nominee is her son P. Obulesu aged 23 years.

 

9.                As per procedure of payment of a claim on the pat of Nodal agency on receipt of the death intimation of an individual, Bhima Mitra ( a person appointed by Nodal Agency) would visit the family of the deceased individual within a day or two and arranges for payment of Rs. 5,000/- as immediate relief. In this case Pendlymarri Mandal Bhima Mitra has paid Rs. 5,000/- to the complainant for the death of her husband. In fact there was no renewal of policy of P. Obulesu.  So it is very clear that the complainant entered her name under  Aam Aadmi Bhima Yojana plan and the policy bond also issued i.e. Ex. A3. As there is no coverage of risk on the life of the husband of the complainant by the time of his death i.e. 4-4-2009. No claim for his death is admissible. Therefore, it is very clear that absolutely there is no negligence or deficiency in service on the part of R1 & Respondent No. 2.   Even in the averments of the petition itself there is no allegation in deficiency of service on the part of LIC of India i.e. R3. So there is no negligence or deficiency of service on the part of R3.   Hence, the points are answered accordingly. 

 

10.              Point No. 3 In the result, the complaint is dismissed without costs.

Dictated to the Stenographer, transcribed by him, corrected and pronounced by us in the open forum, this the 24^th May 2010

 

 

 

Witnesses examined.

For Complainant    NIL                                           For Respondent :         NIL

 

Exhibits marked for Complainant : -  

 

Ex. A1         Original policy of Indira Jeevita Bhima patakam issued in favour

of P. Obulesu.

Ex. A2         X/c of application for renewal of the policy, dt. 8-4-2006.

Ex. A3         Original policy of Indira Jeevita Bhima patakam issued in favour

of P. Venkatalakshumma.

Ex. A4         X/c of letter from from P. Obulesu to R1, dt. Nil along with X/c of

Ex. A5         X/c of letter from from P. Obulesu to RESPONDENT NO. 2, dt. Nil along with X/c of

Ex. A6         X/c of death certificate issued by Village Secretary, Velluture.

Ex. A7         X/c of house hold card.

Ex. A8         X/c of S.B. Account pass book issued in favour of complainant.

Ex. A9         X/c of S.B. Account pass book issued in favour of P. Obulesu.

 

Exhibits marked for Respondents: -          

 

Ex. B1         Acquaintance receipt.

Ex. B2         X/c of policy holder details.

1)     Pendlimarri Venkata Lakshumma, W/o Late P. Obulesu,

2) Sri K. Ramachandra Reddy, G.P. for R1 & R2

3) Sri D. Lakshminarayana, Advocate R3.  

 

2) Copy was dispatched on      :

3) Copy of delivered to parties :

B.V.P.                                                             

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