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
Friday the 15th day of July, 2011
C.C.No.9/2011
BETWEEN:
G.Rajeswari, W/o Late G.Nagendra,
H.No.28-443, Talari Peta, Nandyal, Kurnool District.
…Complainant
-Vs-
1. The Depot Manager, A.P.S.R.T.C.,
H.No.47/1, Koilakuntla, Kurnool District.
2. The Secretary, E.D.L.I.F,
H.No.13/X, Bus Bhavan, A.P.S.R.T.C., R.T.C. Cross Road, Hyderabad-500 624.
…Opposite Parties
This complaint is coming on this day for orders in the presence of Sri S.R.Ravi Kumar, Advocate for complainant and opposite parties 1 and 2 as called absent for upon perusing the material papers on record, the Forum made the following.
ORDER
(As per Smt. S.Nazeerunnisa, Lady Member)
C.C. No. 9/2011
1. This complaint is filed by the complainant under section 12 of C.P. Act, 1986 seeking a direction on opposite parties to pay:-
(a) The policy benefits of E.D.L.I.F with interest of 24% from 05-12-2006 to realization date.
(b) RS.10,000/- towards compensation for mental agony;
(c) To grant other benefits as Hon’ble Forum deems fit and proper under the circumstances of the case.
2. Briefly the complainant version is that, the complainant Smt.G.Rajeswari is the daughter of one A.Narayana, driver in A.P.S.R.T.C. Koilakuntla, who died on 19-09-2006. E.D.L.I.F is one of the death benefits of the deceased A.Narayana. The deceased A.Narayana mentioned his wife name (Rukminamma) as nominee in E.D.L.I.F. Policy, but his wife died prior to him. The complainant is the only daughter of deceased A.Narayana so he informed the name of the complainant as a nominee to the E.D.L.I.F. authorities. After the death of her father the complainant is a legal heir to the deceased A.Narayana. She got the succession certificate dated 04-09-2008 by the Hon’ble District Session Judge, Kurnool which is marked as Ex.A3 and Ex.A4 is the family member certificate issued by M.R.O. Nandyal dated 11-10-2006. She had received the death benefits of her father provident fund, S.B.T., S.R.B.S., C.C.S. and gratuity fund from opposite party No.1. The opposite party No.2 repudiate the claim of the complainant for E.D.L.I.F. policy U/E.D.L.I.F. Act. The complainant is roaming surrounding of the opposite parties office from 05-12-2006 after vexation the complaint is filed.
3. The complainant filed sworn affidavit and documents marked as Ex.A1 to A5 in support of her case.
4. The opposite parties called absent and set exparte.
5. The complainant filed written arguments.
6. The points for consideration are:-
- Whether there is any deficiency of service on the part of the opposite parties?
- Whether the complainant is entitled to the reliefs as prayed for?
- To what relief.
7. Points 1 & 2: - It is the case of the complainant that the father of the complainant deceased A.Narayana was driver in A.P.S.R.T.C Koilakuntla, and he died on 19-09-2006. E.D.L.I.F. (Employees Deposits Limited Insurance Fund) is the one of the benefits of deceased A.Narayana. The mother of the complainant Rukminamma was nominated as nominee in E.D.L.I.F. Policy but she died prior to deceased A.Narayana. So the complainant is the sole and only legal heir of the deceased A.Narayana. As per Ex.A2 the death certificate of Rukminamma dated 01-06-2005 it is established that the wife of the deceased A.Narayana died prior to him. As seen from Ex.A3 dated 04-09-2008 photo copy of order copy of succession O.P.74/2007 of Principal District Judge, Kurnool and Ex.A4 dated 11-10-2006 the photo copy of family member certificate issued by M.R.O. Nandyal it is clear that the complainant is the only and sole legal heir of deceased A.Narayana.
8. The opposite party No.2 repudiate the claim and the reason for repudiation of claim is mentioned in Ex.A5 dated 05-12-2006 (Photo copy of settlement letter). The Major sons and Married daughters whose husbands are alive not entitled for E.D.L.I.F. benefits under E.D.L.I.F. Act unless nominated. It is submitted by the learned counsel appearing for the complainant that the husband of the complainant died. The same is not supported by any documentary evidence. The complainant has not filed the death certificate of her husband and she could not prove that she has been nominated by her father deceased A.Narayana in E.D.L.I.F. Policy after the date of her mother. Hence there is no deficiency of service on the part of the opposite parties to repudiate the claim as per E.D.L.I.F. Act. The complainant is not entitled for any relief.
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 15th day of July, 2011.
Sd/- Sd/- Sd/-
MALE MEMBER PRESIDENT LADY MEMBER
APPENDIX OF EVIDENCE
Witnesses Examined
For the complainant : Nil For the opposite parties : Nill
List of exhibits marked for the complainant:-
Ex.A1 Photo copy of Death Certificate of A.Narayana.
Ex.A2. Photo copy of Death Certificate of Rukminamma.
Ex.A3 Photo copy of Order Copy of Succession O.P. No.74/2007 of Principal District Judge, Kurnool, dated 04-09-2008.
Ex.A4 Photo copy of Family members Certificate
dated 1 1-10-2006.
Ex.A5 Photo copy of Settlement letter dated 05-12-2006.
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 :
