Telangana

Nalgonda

CC/42/2018

Marri Alivelu - Complainant(s)

Versus

The Corporation Bank, Halia Branch - Opp.Party(s)

G.Krishna Reddy

12 Feb 2020

ORDER

DISTRICT CONSUMER FORUM
NALGONDA
 
Complaint Case No. CC/42/2018
( Date of Filing : 27 Dec 2018 )
 
1. Marri Alivelu
Peddagudem H/o Sirasanagandla Revenue Village of Peddavura Mandal,
Nalgonda
2. Marri Mahalaxmi
Peddagudem H/o Sirasanagandla Revenue Village of Peddavura Mandal
Nalgonda
3. Marri Mahendar
Peddagudem H/o Sirasanagandla Revenue Village of Peddavura Mandal
Nalgonda
4. Smt.Marri Laxmamma
Peddagudem H/o Sirasanagandla Revenue Village of Peddavura Mandal
Nalgonda
...........Complainant(s)
Versus
1. The Corporation Bank, Halia Branch
Halia Village and Mandal,
Nalgonda
2. The New India Assurance Company Limited
Essel Chambers, 3rd Floor, Karangalpady,
Mangalore
Karnataka
3. The New India Assurance Company Limited
Divisional Office, Sanghamithra Co-operative Urban Bank Complex, Nalgonda Town
Nalgonda
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. SRI MAMIDI CHRISTOPHER PRESIDENT
 HON'BLE MRS. SMT.SANDHYAVENU SANDHYA RANI MEMBER
 HON'BLE MR. KATEPALLY VENKATESHWARLU MEMBER
 
For the Complainant:
For the Opp. Party:
Dated : 12 Feb 2020
Final Order / Judgement

     BEFORE THE DISTRICT CONSUMER FORUM AT NALGONDA

 

       PRESENT:  SRI MAMIDI CHRISTOPHER,

                      PRESIDENT.

 

      SMT.S.SANDHYA RANI,

                      FEMALE MEMBER.

 

 

      SRI K.VENKATESHWARLU,

                       MALE MEMBER.

 

. . .

 

WEDNESDAY, THE TWELFTH DAY OF FEBRUARY, 2020

 

CONSUMER COMPLAINT No. 42  OF 2018

 

Between:

 

1) Marri Alivelu W/o Late Shankar, Age: 30 years,

    Occ: Agricultural Coolie,

2) Marri Mahalaxmi D/o Late Shankar, Age: 8 years, Occ: Student,

3) Marri Mahendar S/o Late Shankar, Age: 10 years, Occ: Student,

4) Smt.Marri Laxmamma W/o Late Borraiah, Age: 62 years, Occ: Nil,

    All are R/o Peddagudem H/o Sirasanagandla Revenue Village of

    Peddavura Mandal, Nalgonda District.

                                                                       …COMPLAINANTS.

 

 

 

                                              AND

 

 

1) The Corporation Bank, Halia Branch, Halia Village and Mandal,

    Nalgonda District-508377, T.S. Represented by its Branch Manager.

 

2) The New India Assurance Company Limited, Essel Chambers,

    3rd Floor, Karangalpady, Mangalore-575003, Karnataka State.

    Represented by its Authorized Person/Legal Manager.

 

3) The New India Assurance Company Limited, Divisional Office,

    Sanghamithra Co-operative Urban Bank Complex, Nalgonda Town

    and District.  Represented by its Divisional Manager.

 

                                                              …OPPOSITE PARTIES.

 

 

        This complaint  coming on before us for final hearing, in the presence of Sri G.Krishna Reddy, Advocate for the Complainants, and Sri Ch.Raghurama Rao, Advocate for the Opposite Party No.1, and Sri V.Lingaiah, Advocate for the Opposite Parties No.2 and 3, and on perusing the material papers on record, and having stood over for consideration till this day,  the Forum passed the following:

 

 

 

ORDER OF THE FORUM DELIVERED

BY SRI MAMIDI CHRISTOPHER, PRESIDENT

 

 

1.     The  Complainants filed  this   complaint   Under  Section 12 of Consumer Protection Act, 1986 to direct the Opposite Parties No.1 to 3

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to pay insured amount of Rs.5,00,000/- under Corp Saral PA Policy of S.B.Account holder towards accidental death benefit with interest @ 24% p.a. from the date of death of S.B.Account holder and to pay an amount of Rs.2,50,000/- towards damages for mental agony and Rs.2,50,000/- towards compensation for abnormal delay of 2 years and 3 months in settling the claim. 

 

                                               

2.     The facts leading to the filing of this complaint are as follows:

 

        The Complainant No.1 is the wife of the deceased Marri Shankar S/o Late Borraiah, who is an account holder in Opposite Party No.1 bank and had “Corp Saral PA Policy” linked by Opposite Party No.1 to Opposite Party No.2 on 26/08/2015 by depositing an amount of Rs.1,000/- and the Opposite Party No.1 issued bank Pass-Book bearing S.B.Account No.297100101002102.  The Opposite Party No.1 credited an amount of Rs.100/- towards premium to Corp Saral PA Policy on 27/08/2015 to the Opposite Party No.2 account.  The Opposite Party No.2 issued Corp Saral PA Policy, vide Reference No.670805/42/16/9000000027 to the deceased Marri Shankar and the said policy covering the period from 27/08/2015 to 26/08/2016.  The husband of Complainant No.1 died in a road accident on 20/02/2016.  The Complainant No.1 was mentioned as nominee in the Corp Saral PA Policy.  As per the terms and conditions of the Corp Saral PA Policy, if an account holder dies in an accident, his nominee or legal heirs are entitled for Rs.5,00,000/- with accidental death benefit of Rs.5,00,000/- along with interest @ 24% p.a. from the date of death till the date of realization.  The Complainant No.1’s husband died on 20/02/2016 at about 4-45 p.m. while undergoing treatment at Kamineni Hospital, Narkatpally.  The Police, Pedavoora registered a

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case in Cr.no.21/2016, Under Sections 304(A) and 337 of IPC. against the crime vehicle and its driver.  The Complainant No.1, after the death of her husband submitted all the documents, i.e. FIR, Inquest, PME Report, Chargesheet and translated Inquest Report, as per the format of Opposite Party No.2 to the Opposite Party No.1 for the purpose to prove that the account holder/insured died in the motor accident on 20/02/2016.  The Complainant No.1 sent claim application to the Opposite Party No.1 with all required documents to pay the claim amount of Rs.5,00,000/- towards accidental death benefit along with interest @ 24% p.a. from the date of the accident.  The Opposite Party No.1 bank received the claim application from the Complainant No.1 to process her claim to Opposite Party No.2 and the Complainant No.1 made Opposite Party No.3 as proforma party for this case. The Opposite Party No.2 asked the Complainant No.1 to send the required notarized documents and affidavit, Legal Heir Certificate, Death Certificate and crime documents with translation of inquest report as per Opposite Party No.1 format.  As per the Opposite Party No.2’s format, the Opposite Party No.1 sent the claim form to Opposite Party No.2 on 15/09/2016 and 18/10/2016 to process the claim of the Complainants, but the Opposite Parties No.1 and 2 did not pay the claim amounts to the Complainants and not responded or gave reply till they received legal notices from the Complainants, in spite of receiving the claim form along with nominee and legal heirs from the Complainants since 15/09/2016.  The Complainant No.1 approached Opposite Party No.1 for the claim amounts for nearly two years, but there was no response and they harassed by delaying the settlement of the claim amounts to the Complainants.  The Complainant No.1 also submitted the Death Certificate of her husband, but the Opposite Party

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No.1 did not pay the claim amount in Savings Bank account of Rs.5,00,000/-.  The Opposite Party No.1 postponed the same on one pretext or the other.  The Complainant No.1 finally got issued a legal notice through their Advocate Sri G.Krishna Reddy to the Opposite Parties on 24/11/2018.  The Opposite Party No.1 received the legal notice on 26/11/2018 and gave reply on 06/12/2018 by admitting all the facts of the legal notice except his liability.  The Opposite Party No.1 refused to pay the claim amounts to the Complainants.  The Opposite Party No.2 received the legal notice on 03/12/2018, but did not give reply within 15 days time.  As per IRDA Circulars, on receipt of the claim application, the claim should be settled within 90 days.  As there is abnormal delay by the Opposite Parties No.1 and 2, the Complainants were denied the claim amounts.  The Opposite Party No.2 did not repudiate the claim till the date of filing of the complaint.  As such, there is deficiency in service on the part of the Opposite Parties No.1 and 2 and the Complainants are entitled for the reliefs as prayed for. 

 

3.     The Opposite Party No.1 filed written version, stating that if any account holder dies in an accident, his nominee or legal heirs are entitled for a sum of Rs.5,00,000/- as per the bank terms and conditions.  The deceased Marri Shankar, account holder of Opposite Party No.1 was also insurance coverage under insurance policy linked with insurance company for the coverage of Corp Saral PA Policy.  The deceased Marri Shankar died in the road accident and the Complainant No.1 submitted the papers regarding accident to the Opposite Party No.1.  The deceased opened the account on 26/08/2015 by depositing an amount of Rs.1,000/- and the Opposite Party No.1 issued pass

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book, Savings Bank Corp Saral PA Policy Account No.297100101002102 and the Opposite Party No.1 credit an amount of Rs.100/- towards premium of Corp Saral PA Policy on 27/08/2015 and the same was remitted to Opposite Party No.1, i.e. New India Assurance Company Limited and the Policy covered from 27/08/2015 to 26/08/2016.  The Opposite Party No.1 had sent the documents to the Opposite Party No.2 to process the claim and settled the claim by answering querries and to rectify any objections sent by Opposite Party No.2 on 10/03/2017. The claim papers are still with Opposite Party No.2 for settlement.  It is for the Opposite Party No.2 authorities to scrutinize the papers and settle the claim of the Complainants.  The Opposite Party No.1 is not the competent authority to settle the claim.  The Opposite Party No.1 never harassed the Complainants and delayed the settlement of the claim amounts.  The Opposite Party No.1 received the legal notice from the Complainants on 24/11/2018 and gave reply on 06/12/2018.  There is no reply to the legal notice as the Opposite Party No.1 have performed their duty and there is no negligence on their part and it is purely on the part of Opposite Party No.2 to settle the claim.  As such, the claim against Opposite Party No.1 may be dismissed.

 

4.     The Opposite Party No.2 filed written version and the same was adopted by Opposite Party No.3.  The Opposite Party No.2 denied all the averments of the complaint and stated that the Complainant No.1 is the nominee as per the record duly maintained by insurance company.  The life assured was mentioned his nominee as Borraiah, who is the father of the deceased and that the Complainant No.1’s name was not mentioned in the records maintained by the insurance

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company.  Since there is variation between the records maintained by Opposite Party No.1 and the Opposite Parties No.2 and 3, the insurance company has no liability to pay the assured sum to the Complainants in the capacity of nominee of the deceased.  The Opposite Party No.2 is ready to discharge his liability if the Complainants fulfilled the requirements of the insurance company, i.e. proving herself as the nominee of the deceased, but as per the record, the father-in-law of the Complainant No.1 was the nominee of the deceased.  The Opposite Party No.2 further stated that as per the record of the Opposite Party No.1, the nominee was Complainant No.1, but as per the record of insurance company, she is not shown as the nominee.  As such there is variation and in such circumstances, the claim of the Complainants cannot be entertained and that the Complainants and the Opposite Party No.1 colluded with each other.  The Complainant No.1 is claiming the amount of her husband, under the capacity of nominee, but she is not shown as the nominee as per the insurance records, and the Opposite Parties No.2 and 3 advised her to get Succession Certificate from the court of law.  The Opposite Party No.2 further stated that since there is variation in Opposite Party No.1 records with Opposite Party No.2 records, the claim of the Complainants was not settled.  The Opposite Parties No.2 and 3 gave suitable reply to the Complainants and their advocate.  There is no negligence on the part of the Opposite Parties No.2 and 3 in settling the matter.  The Opposite Party No.2 is ready to pay the sum assured, provided the Complainants has to prove authenticity to receive the amounts and that the complaint is barred by limitation.  The Complainant No.1 failed to discharge her part of contract as she failed to prove that she is the nominee of the deceased.  Unless and until the

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Succession Certificate is filed by the Complainants, the insurance company is ready to pay the life assured sum.  Hence, the complaint against Opposite Party No.2 is liable to be dismissed.

 

5.     The Complainant No.1 filed her proof affidavit and marked Exs.A-1 to A-17.  The Opposite Party No.1 filed his proof affidavit and marked Exs.B-1 to B-15.  The Opposite Parties No.2 and 3 filed their affidavit and marked Exs.B-16 to B-21.  Written Arguments were also filed on behalf of the Opposite Parties No.2 and 3.

 

 

6.      The points for consideration are:

 

 

1) Whether there was deficiency in service on the part of the

            Opposite Parties No.1 and 3?

 

        2) Whether the Complainants are entitled for the claims

            as prayed for?

 

        3) If so, to what extent?

 

                                                                                    

7.     POINT No.1:

                                                                                                                   

The Complainant No.1 is the wife, Complainants No.2 and 3 are daughter and son and the Complainant No.4 is the mother of the deceased Marri Shankar.  The deceased was a Savings Bank account holder in Opposite Party No.1 bank and obtained “Corp Saral PA Policy” linked by Opposite Party No.1 to Opposite Party No.2 on 26/08/2015 by depositing an amount of Rs.1,000/-, vide Ex.A-1 Pass-Book bearing S.B. Corp.Saral PA Policy Account No.297100101002102.  The Opposite Party No.1 credited an amount of Rs.100/- towards premium to Corp Saral PA Policy on 27/08/2015 to the Opposite Party No.2 account, as per the second page of Ex.A-1.  The Opposite Party No.2 issued Corp Saral PA Policy, vide Reference No.670805/42/16/9000000027 to the deceased Marri Shankar and the

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said policy covering the period from 27/08/2015 to 26/08/2016.  The husband of Complainant No.1 died in a road accident on 20/02/2016 and the Police, Pedavoora registered a case in Cr.no.21/2016, Under Sections 304(A) and 337 of IPC. against the crime vehicle and its driver, vide Ex.A-2.  Ex.A-4 is the P.M.E. Report.  Ex.A-5 is the Chargesheet, wherein it was revealed that the deceased met with road accident and died while undergoing treatment on 20/02/2016 at 4-45 p.m.   After the death of her husband, the Complainant No.1, who is the nominee of her husband, sent all the papers to the Opposite Party No.1 to claim the PA Policy sum assured of Rs.5,00,000/-.  Ex.A-6 is the claim form to be completed by the insured/nominee submitted to Opposite Parties No.2 and No.3, wherein the Complainant No.1 being the nominee of the deceased Marri Shankar had sent Ex.A-6 to Opposite Parties No.2 and 3 on 15/09/2016 and the same was received by Opposite Parties No.2 and 3.  Ex.A-7 is an Affidavit given by Complainant No.1 to the Opposite Party No.1 regarding claiming amounts of balance lying with Opposite Party No.1.  Ex.A-8 is the Family Members Certificate, issued by Government of Telangana, Revenue Department, dated 29/05/2016, showing M.Alivelu as the widowed wife of the deceased Marri Shankar in Column No.3.  Ex.A-9 is the Corp Saral PA Claim Requirements Form sent to the Opposite Parties No.2 and 3.  Ex.A-10 is the letter from Opposite Party No.1 to Opposite Parties No.2 and 3, dated 18/10/2016, regarding forwarding the accident death claim of Marri Shankar who is covered for a sum of Rs.5,00,000/- for S.B.Account Scheme of Corp Saral Plus and enclosing the documents for their reference and to release the insurance proceeds to the account of nominee Mrs.Marri Alivelu, whose account number is 297100101002973 of Halia Branch.  Ex.A-11 is the

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legal notice sent by the Complainant No.1 to the Opposite Parties No.1 to 3, dated 24/11/2018.  Ex.A-12 are the Postal Receipts and Ex.A-13 is the Track Consignment.  Ex.A-14 is the reply notice from Opposite Party No.1 to the Complainant, dated 06/12/2018.  Ex.A-15 is the Account Opening Form of Savings Bank/Current Account of the deceased Marri Shankar, mentioning Marri Alivelu as the nominee on the second leaf of the form.  Ex.A-16 is a reply notice of Opposite Parties No.2 and 3, dated 28/12/2018.  Ex.A-17 is the Death Certificate, issued by Government of Andhra Pradesh, regarding the death of Marri Borraiah, father of the deceased, who died on 10/04/2010.  The counsel for the Complainant also filed a citation of Hon’ble National Commission which is not applicable to the facts of the present complaint.   

 

8.     As per the documents filed by Opposite Party No.1 reveals that Ex.B-1 is the Account Opening Form of the deceased Marri Shankar, showing Marri Alivelu as the nominee and wife of the deceased on the second page of the form.  Ex.B-2 is the Savings Bank Account Pass-Book of the deceased Marri Shankar, dated 26/08/2015.  Ex.B-3 is the Voter ID Card of the deceased Marri Shankar.  Ex.B-4 is the Temporary Food Security Coupon.  Ex.B-5 is the Aadhar Card of the deceased Marri Shankar.  Ex.B-6 is the Corp Saral PA Policy Claim Requirements.  Ex.B-7 is the FIR, Ex.B-8 is the translation of the Inquest Report and Ex.B-9 is the Inquest Report.  Ex.B-10 is the PME Report of the deceased Marri Shankar, wherein the cause of death of the deceased was mentioned as ‘Hemorrhagic Shock’ .  Ex.B-11 is the Chargesheet filed by the Police, Pedavoora.  Ex.B-12 is the Affidavit filed by Complainant No.1. Ex.B-13 is the Death Certificate of the

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deceased Marri Shankar.  Ex.B-14 is the Newspaper article, regarding the accident of the deceased Marri Shankar.  Ex.B-15 is the Family Members Certificate. 

 

9.     As per the version of Opposite Party No.1, they credited a sum of Rs.100/- to the Opposite Parties No.2 and 3 towards Corp Saral PA Policy, for a sum assured of Rs.5,00,000/- and after the death of the deceased, the Opposite Party No.1 has sent all the required documents to the Opposite Parties No.2 and 3 to settle the claim of the Complainant No.1 as per Ex.A-6.  The Opposite Parties No.2 and 3 filed Ex.B-16 which is a reply notice, dated 24/11/2018.  Ex.B-17 is the reply to legal notice, dated 28/12/2018.  Ex.B-18 is the Bank Pass-Book of the deceased Marri Shankar.  Ex.B-19 is the Account Statement from 26/05/2015 to 31/03/2016.  Ex.B-20 is the transaction details.  The Opposite Parties No.2 and 3 filed Self Contained Note Ex.B-21, dated 21/01/2019, calling for Death Certificate of Marri Borraiah being the father of the deceased named as nominee in the pass-book and in bank system and also Affidavit of wife of Marri Borraiah and the Complainant No.1 to be attested before Magistrate, stating that the wife of Marri Borraiah has no objection for the payments due under Corp Saral PA Policy to the wife of the deceased Marri Shankar and to state Succession Certificate obtained from any court of law.

             

10.    As per the records submitted by the Complainants and the Opposite Parties No.1 to 3, it is revealed that the Complainant No.1 is the wife of the deceased Marri Shankar, who died due to Road Traffic Accident involving overturning of the tractor carrying stones on which

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he was travelling as labourer and died on 20/02/2016.  The Complainant No.1 being the wife and nominee of the deceased has sent all the relevant papers to the Opposite Party No.1, who in turn sent the same to the Opposite Party No.2 to process the claim for the sum assured of Rs.5,00,000/- towards accidental death benefit under the coverage of Corp Saral PA Policy.  Ex.A-1 reveals that the deceased was the S.B.Account holder of Opposite Party No.1 and after his death, the Complainant No.1 forwarded all the relevant documents, vide Ex.A-6, which is the proforma filled by the nominee, i.e. Complainant No.1 to the Opposite Party No.2.  Ex.A-2 is the FIR in which the Complainant No.1 given the complaint to the Police, Pedavoora about the accident and death of her husband.  Ex.A-8 is the Family Members Certificate, wherein the Complainant No.1 is shown as the wife of the deceased in Column No.3.  As such, the Complainant No.1 is the nominee and legally entitled for the claim amount of Rs.5,00,000/- of the deceased.  The Complainant No.1 in spite of sending all the relevant documents to the Opposite Parties No.2 and 3, the Opposite Parties No.2 and 3 delayed the settlement of the claim amounts, for the reason that the father of the deceased Marri Borraiah is shown as the nominee in the pass-book.  The Complainant No.1 filed Ex.A-17, which is the Death Certificate of Marri Borraiah, father of the deceased, who died on 10/04/2010.  It is for the bank authorities of Opposite Party No.1 to change the name of the nominee, wherein the father of the deceased was shown as nominee.  The Opposite Party No.1 has made wrong entries for which the Complainants are not responsible, wherein the father of the deceased died prior to the taking of the bank account in Opposite Party No.1 bank.  The deceased is a

 

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daily wage coolie, rustic and illiterate villager to know the bank rules

and regulations and to fill the details of the bank pass book.  The Opposite Party No.1 should not take the correct entries in the account pass book in Ex.B-2.

 

11.    The Opposite Party No.1 failed to verify the records of the bank before issuing the pass-book to the deceased Marri Shankar and the Opposite Parties No.2 and 3 not settled the claim amounts in spite of submitting all the relevant documents by the Complainant No.1 being the nominee of her husband and who is entitled for Rs.5,00,000/- towards Corp Saral PA Policy, had been unjustified to the Complainant No.1 and other three Complainants.  Anyhow the Complainant No.1 made the wife of late Borraiah, i.e.  the father of the deceased Marri Shankar and mother of the deceased as Complainant No.4 in the complaint, to claim the share in the claim amounts.  The Opposite Party No.1 without verifying has made late Borraiah as nominee.  Due to the fault of Opposite Party No.1, the Complainants policy amounts were withheld by Opposite Parties No.2 and 3.  Due to the in ordinate delay caused by Opposite Parties No.2 and 3 without pursuing the records had denied the claim amounts to the Complainants and thereby causing much mental agony and sufferance to the Complainants.  Hence, there is deficiency in service on the part of the Opposite Party No.1 in entering wrong details, i.e. the nominee as Borraiah who died on 11/04/2010.  Further, there is deficiency of service by Opposite Parties No.2 and 3 in not settling the claim amounts of the deceased Marri Shankar to the Complainants as claimed for.  Accordingly, Point No.1 is answered in favour of the Complainants. 

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12.    POINTS No.2 & 3:

 

The Complainants No.1 to 4 are entitled for the claim amount of Rs.5,00,000/- under Corp Saral PA Policy, which was credited from Opposite Party No.1 to Opposite Parties No.2 and 3 from 27/08/2015 on the death of the deceased Marri Shankar on 20/02/2016.  The Complainant No.1 being the wife and nominee of the deceased Marri Shankar as per Ex.A-6 is entitled to claim a sum of Rs.5,00,000/- towards the accidental death benefit along with interest @ 9% p.a. from the date of filing of this complaint till realization, Rs.20,000/- towards compensation for mental agony and Rs.2,000/- towards costs of the litigation.

 

In the result, the complaint is allowed in part, directing the Opposite Party No.1 to pay to the Complainants Rs.20,000/- (Rupees Twenty Thousand only) towards compensation for mental agony for making wrong entries in account pass book of the deceased without verifying the facts.  Further, the Opposite Parties No.2 and 3 are directed to pay to the Complainants, a sum of Rs.5,00,000/- (Rupees Five Lakhs only) covered under Corp Saral PA Policy with interest @ 9% per annum from the date of the complaint, i.e. 27/12/2018 till realization and Rs.2,000/- (Rupees Two Thousand only) towards costs, within one month from the date of receipt of this order. Out of the awarded amount of Rs.5,00,000/- (Rupees Five Lakhs only) and 9% p.a. interest amount, the Complainant No.1 shall be paid Rs.1,00,000/- (Rupees One Lakh only) along with entire interest and Rs.20,000/- (Rupees Twenty Thousand only) awarded towards compensation for mental agony and costs of Rs.2,000/- (Rupees Two Thousand only).   Out  of  the  balance  compensation  amount  of

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Rs.4,00,000/- (Rupees Four Lakhs only), Complainants No.2 and 3 shall be paid Rs.1,50,000/- (Rupees One Lakh and Fifty Thousand only) each and the Complainant No.4 shall be paid Rs.1,00,000/- (Rupees One Lakh only).  The amounts allotted to the Complainants No.2 and 3 shall be invested in fixed deposit in State Bank of India, Prakasham Bazar Branch, Nalgonda till they  attains  the  age  of  majority  and thereafter the said amounts shall be paid to them.    

 

 

Dictated to Steno-Typist, transcribed by him, corrected and pronounced by us in the open Forum  on this 12th day of February, 2020.

 

 

FEMALE MEMBER                 MALE MEMBER                     PRESIDENT

 

 

APPENDIX OF EVIDENCE

WITNESSES EXAMINED

 

For Complainants:                                  For Opposite Parties:

Affidavit of the Complainant No.1.                     Affidavit of Opposite Party No.1.                                                               

                                                                 

 

 

                                                                 

 

EXHIBITS MARKED

 

 

For Complainants:

 

Ex.A-1:        Dt.26/08/2015     Xerox copy of Pass-Book of the deceased,

                                                issued by Opposite Party No.1.

 

Ex.A-2:        Dt.21/02/2016     Xerox copy of F.I.R.

 

Ex.A-3         Dt.21/02/2016     Xerox copy of Inquest Report.

 

Ex.A-4         Dt.21/02/2016     Xerox copy of P.M.E. Report.

 

Ex.A-5         Dt.11/03/2016     Attested copy of Chargesheet.

 

Ex.A-6         Dt.15/09/2016     Xerox copy of Claim Form.

 

Ex.A-7         Dt.14/09/2016     Xerox copy of Notarized Affidavit of

                                                Complainant No.1.

 

Ex.A-8         Dt.29/05/2016     Xerox copy of Family Members Certificate.

 

Ex.A-9                                      Xerox copy of Format of Corp Saral PA Claim

                                                Requirements.

 

Ex.A-10       Dt.18/10/2016     Xerox copy of letter addressed by Opposite

                                                Party No.1 to the Opposite Party No.2.

 

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Ex.A-11       Dt.24/11/2018     O/c of legal notice issued by the counsel for

                                                the Complainants to the Opposite Parties.

 

Ex.A-12       Dt.24/11/2018     Postal Receipts ( 3 Nos.).

 

Ex.A-13       Dt.03/12/2018     Track Consignment.

 

Ex.A-14       Dt.06/12/2018     Reply Notice, issued by Opposite Party No.1

                                                to the counsel for the Complainants.

 

Ex.A-15                                    Xerox copy of Account Opening Form

                                                of the deceased.

 

Ex.A-16       Dt.28/12/2018     Reply Notice, issued by Opposite Party No.2

                                                to the counsel for the Complainants.

 

Ex.A-17       Dt.24/05/2010     Xerox copy of Death Certificate of the father

                                                of the deceased Marri Borraiah.

 

For Opposite Party No.1:

 

Ex.B-1                                      Attested copy of Account Opening

Form of the deceased.

 

Ex.B-2         Dt.26/08/2015     Attested copy of Pass-Book of the

                                                deceased, issued by Opposite Party No.1.

 

Ex.B-3         Dt.17/03/2009     Attested copy of Voter ID Card of

                                                the deceased.

 

Ex.B-4                                      Attested copy of Temporary Food

                                                Security Coupon.

 

Ex.B-5                                      Attested copy of Aadhar Card of the

                                                deceased.

 

Ex.B-6                                      Attested copy of Format of Corp Saral

                                                PA Claim Requirements.

 

Ex.B-7         Dt.21/02/2016     Attested copy of F.I.R.

 

Ex.B-8         Dt.21/02/2016     Attested copy of English Translation of

                                                Inquest Report.

 

Ex.B-9         Dt.21/02/2016     Attested copy of Inquest Report.

 

Ex.B-10       Dt.21/02/2016     Attested copy of P.M.E.Report.

 

Ex.B-11       Dt.11/03/2016     Attested copy of Chargesheet.

 

Ex.B-12       Dt.07/03/2017     Attested copy of Notarized Affidavit of

                                                Complainant No.1.

 

Ex.B-13       Dt.15/03/2016     Attested copy of Death Certificate of

                                                the deceased Marri Shankar.

 

Ex.B-14                                    Attested copy of Newspaper Article.

 

Ex.B-15       Dt.29/05/2016     Attested copy of Family Members Certificate.

 

Contd…16

-16-

EXHIBITS MARKED

 

 

 

For Opposite Parties No.2 & 3:

 

Ex.B-16     Dt.24/11/2018     Legal Notice issued by the counsel for

                                                the Complainants to the Opposite Parties.

 

Ex.B-17     Dt.28/12/2018    Reply Notice, issued by Opposite Party No.2

                                                to the counsel for the Complainants.

 

Ex.B-18     Dt.26/08/2015     Attested copy of Pass-Book of the deceased,

                                                issued by Opposite Party No.1.

 

Ex.B-19       Dt.01/12/2018     Attested copy of Statement of Account

                                                from  26/05/2015 to 31/03/2016.

 

Ex.B-20       Dt.01/12/2018     Attested copy of Statement of Transactions

                                                in Account No.520291027476133.

 

Ex.B-21       Dt.21/01/2019     Attested copy of Self Contained Note.

 

 

 

 

                                                                  PRESIDENT

     DISTRICT CONSUMER FORUM

  NALGONDA

 

 

 

 

 

 
 
[HON'BLE MR. SRI MAMIDI CHRISTOPHER]
PRESIDENT
 
 
[HON'BLE MRS. SMT.SANDHYAVENU SANDHYA RANI]
MEMBER
 
 
[HON'BLE MR. KATEPALLY VENKATESHWARLU]
MEMBER
 

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