This Complaint coming up before us for hearing on                     29-06-11 in the presence of Sri K.P. Krishnamurthy, advocate for the complainant and of Sri G. Srinivasu, advocate for opposite parties                 1 and 2, upon perusing the material on record and having stood over till this day for consideration this Forum made the following:-

O R D E R

Per Sri A. Hazarath Rao, President:-

        The complainant filed this complaint U/S 12 of the Consumer Protection Act seeking the insured amount of Rs.20,000/- together with interest and Rs.10,000/- towards mental agony besides costs.

2.   In brief the averments of the complaint are these:

        One Palapu Ramadevi took insurance policy on 20-03-2002 bearing No.676574110 for Rs.20,000/-.   The said policy matures by 28-03-2010.   Complainant is none other than the husband of the insured Ramadevi. The said Ramadevi died in May, 2005. The complainant is the only legal heir besides nominee of the deceased.   The complainant approached 2^nd opposite party to pay the amount covered by the said policy. A case was registered against the complainant U/S 302 IPC for the death of the insured.      The opposite parties kept quite without settling the claim of the complainant.   On account of not settling the claim the complainant suffered mental agony.   The complaint therefore be allowed.

3.    The 1^st opposite party filed memo adopting the version of the 2^nd opposite party and their contention in brief is hereunder:

        The complaint is barred by limitation.    Claim forms, death intimation, death certificate and policy bond are necessary to process the claim.   The complainant did not send them though informed till today.   Only on receiving the death intimation, death certificate and policy bond the opposite parties can consider the claim of the complainant.  As the complainant did not submit the above certificates the opposite parties did not commit any deficiency of service.   The complaint therefore be dismissed.

4.   Exs.A-1 to A-14 on behalf of the complainant and Exs.B-1 on behalf of the opposite parties were marked.

5.    Now the points for consideration in this complaint are:

1. Whether the opposite parties committed deficiency of service?
2. Whether the complainant is entitled to compensation as claimed?       
3. To what relief?

6.    POINTS 1 & 2:-    The complainant is nominee as seen from Ex.A-1 policy (original).   Ex.A-1 further revealed that the complainant is husband of the insured Ramadevi.     Ex.A-14 is the certified copy of judgment dated 03-03-2008 in SC.No.165 of 2007 on the file of the                  V Additional Sessions Judge, (FTC) Guntur.   Ex.A-14 revealed that the complainant herein and another was charge sheeted for the offence                        under 302 IPC regarding the death of insured Ramadevi.   SC.165/07 on the file of the V Additional Sessions Judge, (FTC) Guntur ended in acquittal.     Ex.A-13 is the certificated copy of FIR in crime No.132/05 on the file of the SHO, Narasaraopet PS (T) along with copy of report given by one Kolipaka Punna Rao.   The insured died on 16-05-05 as seen from Ex.A-13.   The complainant issued a registered notice on 15-05-06 claiming benefits under Ex.A-1 policy.  

7.   Ex.A-1 policy (original) is with the complainant.  The contention of the opposite parties about the complainant not sending any other documents to process further is having considerable force.   Ex.A-1 corroborated the contention of the opposite parties.    Ex.B-1 is the copy of the letter dated 16-05-06 said to have been addressed by the opposite parties to the complainant.   Under Ex.B-1 the opposite parties required the complainant to submit death certificate, policy bond, intimation letter from nominee for considering the claim.   The contention of the opposite party that the complainant did not send claim form in view of the pendency of SC 165/07 on the file of                        V Additional Sessions Court is having considerable force.   It is the not the case of the complainant that he submitted claim forms to the opposite parties to process the claim as seen from his affidavit and complaint.  Under those circumstances, it can be said that the opposite parties did not commit any deficiency of service.    The complaint is therefore not entitled to any compensation as claimed.   Hence, these points are answered against the complainant.    

8.     The complaint was filed on 27-11-09.   The complainant is not entitled to claim any benefits under Hindu Succession Act till the disposal of SC.165/07. As SC 165/07 was disposed off on                  03-03-08 the complaint is in time.  The Consumer Protection Act is a beneficial legislation.  Since the claim is pending, as not settled disposing off the complaint with a direction to the complainant to submit claim forms along with necessary documents and in turn directing the opposite parties to process the claim will meet ends of justice.     

9.   POINT No.3:-   In view of above findings, in the result the complaint is disposed off with the following directions:

1. The complainant is directed to submit claim forms along with necessary documents within a month from the date of the receipt of order to the opposite parties under acknowledgment.
2. The opposite parties are directed to process the claim within two month from the date of receipt of the claim papers and necessary documents from the complainant.
3. There is no order as to costs.

Typed to my dictation by junior stenographer, corrected by me and pronounced in the open Forum dated this the 30th day of June, 2011.   

     Sd/-xxx                                        Sd/-xxx                                             Sd/-xxx

    MEMBER                                         MEMBER                                        PRESIDENT

APPENDIX OF EVIDENCE

  DOCUMENTS MARKED

For Complainant:

For opposite parties:       

                                                                                        Sd/-XXX,

                                                                                           PRESIDENT