Date of Filing : 18.02.2012

  Date of Order : 27.03.2012

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KOLAR

Dated 27^th MARCH 2012

PRESENT

Sri. H.V. RAMACHANDRA RAO, B.Sc., BL,   …….                PRESIDENT

Sri. T.NAGARAJA, B.Sc., LLB.                        ……..     MEMBER

Smt. K.G.SHANTALA, B.A., LLB.                    ……..     MEMBER

CC No. 29 / 2012

Sri. Naresh Babu.K.N.

S/o. Narayanaswamy.K.

R/at Kumbarpet, Bhovi Colony,

Kolar – 563 101.

(By Sri. V. Sridhar, Adv.)                                       ……. Complainant

V/s.

The Divisional Manager,

M/s. Shriram Life Insurance Co. Ltd.,

#10-3-206, M/4, II Floor, Opp. to Krishna

Reddy’s House, Reddy & Reddy Colony,

Tirupathi – 500 007 (A.P.)                                       …… Opposite Party

ORDER

By Sri. H.V. RAMACHANDRA RAO, PRESIDENT

The brief antecedents that lead to the filing of the Complainant made u/s. 12 of the C.P. Act seeking direction to the OP to pay Rs.3,00,000/- are necessary:

Sri. K.N. Gangadhar, brother of the Complainant had obtained life insurance from the OP on 08.10.2010 for a period of 15 years and the sum assured was Rs.3.00 Lakhs and paid premium.  Complainant is the nominee under the Policy.  On 26.02.2011 the brother of the Complainant died due to heart attack.  On 10.06.2011 Complainant sent all the necessary records through the Agent of the OP for payment of insurance amount.  But nothing has been paid.  Hence, Complainant has issued notice on 18.01.2012, even then no amount is paid.  Hence the Complaint. 

2.       In this case, OP though served remained absent throughout the proceedings and not contested the matter.  The Counsel for the Complainant submits that the Complaint and document be read as evidence.  Heard the arguments.

3.       The points that arise for our consideration are:

POINTS

(A)     Whether there is deficiency in service?

(B)     What order ?

4.       Our findings on the above points are:

(A)     Positive

(B)     As per detailed order for the following reasons

REASONS

5.       Point Nos. A & B - Reading the pleading in conjunction with the documents on record, it is established that Sri. K.N. Gangadhar, brother of the Complainant had obtained life insurance policy from the OP vide Policy No. NP081000117092 on 08.10.2010 and sum assured was Rs.3.00 Lakhs.  It is also established that the brother of the Complainant died due to heart attack on 26.02.2011 at Tirupathi.  Since the Complainant is the nominee under the policy, he made a claim with the OP for the sum assured i.e., Rs.3,00,000/-.  OP even though received the claim application has not responded.  Complainant issued notice on 18.01.2012.  Though the notice has been received by the OP on 20.01.2012, it did not answer.  Hence, it amounts to deficiency in service.

6.       During the course of the arguments, the Learned Counsel for the Complainant submitted that the mother of the deceased i.e., his own mother is alive.  As such, Complainant is Class-II heir and the mother of the Complainant i.e., mother of the deceased is Class-I heir.  Therefore, mother of the deceased is entitled to whole amount under the Policy.  Complainant receives the money to distribute the same to the legal heirs as per the Law laid down by the Apex Court. Hence, we hold the above points accordingly and pass the following order:

ORDER

1.       Complaint is allowed in part.

2.       OP is directed to pay to the Complainant a sum of Rs.3,00,000/- (Rupees Three Lakhs Only) with interest @ 12% P.A. from 26.02.2011 until payment within 30 days from the date of this Order.

3.       OP is further directed to pay Rs.2,000/- as costs of this litigation to the Complainant.

4.       Complainant shall hand over the amount received by him to his mother and produce before this Forum copy of the acknowledgement issued by the mother within 30 days thereafter.

5.       OP is directed to send the amount to the Complainant as ordered at (2) & (3) above by Demand Draft through RPAD and submit to this Forum the compliance report with necessary documents within 45 days.

6.       Send copy of this Order the parties free of costs.    

7.       Return extra sets to the parties concerned under the Regulation 20(3) of the Consumer Protection Regulations 2005.

(Dictated to the Stenographer, got it transcribed and corrected and pronounced in the open Forum on this the 27^th day of March 2012.

T. NAGARAJA          K.G.SHANTALA           H.V.RAMACHANDRA RAO

    Member                         Member                                       President