-::BEFORE THE DISTRICT CONSUMER DISPUTES  REDRESSAL FORUM, AT BIDAR::

                                                               C.C. No.97/2018.

                                                            Date of filing: 29.12.2018.

                                                                   Date of disposal:  27.06.2019.

P R E S E N T:-    

                              (1) Shri. Ashok Hanamath Malghana                                                                                                                                                                                                               B.Com., LL.B.,( Spl.)

                                                                                                          President. ( I/C )

                             (2) Shri. Shankrappa (Halipurgi),

                                                                                 B.A.LL.B.,

                                                                                           Member.

COMPLAINANT/S:          Ameenul Hasan, S/o Syed Mohinuddin,

                                             Age: 16 years ( minor) under the

                                             Guardianship of his natural/real father

                                             Real father Syed Mohinuddin

                                             S/o Late Syed Shah Hussaini,

                                            Aged about 63 years, Occ: Pensioner,

                                            R/o H.N.5-1-1251, Gole Khana, Ammed Bagh,

                                           Bidar.                                      

                                            (By Smt. Balika S. Patil, Adv.)                                          

                                                                 VERSUS

OPPONENT/S:                  The Head Mistress, Lily Rose Public School,

                                              Noor han Taleem, Bidar.                                       

                                          ( Exparte )

::   J UD G M E N T  ::

By Shri. Ashok Hanamant Malghan, President.

It is the case of the complainant that, he has taken admission in opposite party’s school at Bidar.  It is further stated that, the complainant was born on 11.04.2002 and furnished the  birth certificate to the O.P. while taking the admission in their school and has paid necessary fees in the said school as advised by the O.P.  and after verify the necessary documents the O.P. has taken admission of the complainant in their school.

The complainant has studied in the O.P.’s school from 1^st to 4^th standard thereafter the complainant was taken admission at Saint Joseph English medium school, Saint Joseph Nagar, near Shahapur Gate, Hyderabad road Bidar for 5^th standard after taking transfer certificate from his previous school i.e. O.P’s school.  The transfer certificate issued by the O.P. is erroneously and wrongly filled in respect of the name of the complainant and also his Nationality.  It is further alleged that, name of the complainant was wrongly shown in the transfer certificate as “Aminum Hasan’” instead of “Ameenul  Hasan” (at column no.4 )as compared to his birth certificate submitted by the complainant at the time of the admission to his 1^st standard.  It is the further case of the complainant that in the said transfer certificate, at column no.6 the Nationality of the complainant is wrongly written as “ IDIAN “ instead of correct name as “INDIAN” therefore, the O.P. has issued the said transfer certificate of the complainant negligently without verifying the correctness of the said certificate.  Immediately after noticing the said mistake occurred in the transfer certificate the father of the complainant approached the O.P. with request to rectify the said mistake. But, in spite of several approach the O.P. has not corrected the same and refused to correct the same and abused in filthy languages hence, the complainant has no other way to knock the doors of the Hon’ble Forum for necessary remedies for his grievances.

The complainant has got issued a legal notice through his counsel on 27.10.2018, despite service of the said notice on O.P. on 29.10.2018 the O.P. has not replied the same and kept quiet.  Hence all the effort of the complainant to get it correction of the mistakes by O.P. was went in vain and thereby the complainant has put to great hardship and other conveniences caused to him for non compliance of the above said mistakes by the O.P. Hence the complainant is facing problems in higher education in consequences of the above said mistakes offered in the transfer certificate and thereby there is a possibilities of facing the legal problems in future when he is attending his higher education.  The above act and attitude of the O.P.in issuing erroneous transfer certificate by making mistakes in the said certificate is nothing but a negligent act of the O.P. despite requesting the O.P. to correct the same, and same is amounts to deficiency in their service towards complainant.  Hence the complainant has claimed the compensation for mental agony and other great inconveniences caused on account of above negligent act of the O.P.  He  prayed  to allow the complaint by granting relief claimed in the complaint.

3.         After service of this complaint the O.P. has failed to appear before this Hon’ble Forum and failed to file his written version and hence the O.P. has placed ex-parte on 23.02.2019.

6.         Considering the above said facts and circumstances the following points arose for our consideration are under:

1. Does the complainant proves that, there is a  deficiency of service on the part of the Opponent?
2. Whether the complainant is entitled any relief claimed ?
3. What orders?

7.         Our answers to the points raised are as follows:-

1. In the affirmative.
2. In the negative.
3. As per the final orders owing to the following:-

                                       :: REASONS ::

8.         Consideration of points (a) & (b) has to proceed hand in hand owing to their intricately interwebbedness in character.

            Proceeding to consider the issues we fix our gaze on the documents Annexure-K submitted by the complainant regarding the place and time of death of the deceased life assured.  This document gets it corroboration from an appendix of Annexure-R.14 of the opponent at page 87 of the inkpage.  The documents referred to above are issued by the Medical Officer of Kamalnagar community Health Centre, Tq.Aurad,Dist.Bidar and certify that, the case was consulted on 04.01.2017 and was treated for chest pain at Kamalnagar C.H.C., by the Medical Officer, Dr. Ashok Kumar Mulge and in the appendix tagged as family physician certificate of annexure-R.14 the doctor concerned has recorded no previous hospitalization.  In Annexure-K, the same  doctor has certified that, late Smt.Sanjana, w/o late Sanjeev kumar had died at her home on 05.01.2017 and the Doctor had declared the death at 9.00 a.m.

9.         Per contra the opponents producing the treatment records of one Sanjana W/o Sanjukumar, resident of Mailoor, Bidar Tq.Bidar,Bidar was admitted inthe hospital on 03.01.2017 at 12.12.36 p.m. for symptoms of breathlessness and expired on 05.01.2017 at 11.55 a.m.  This  Sanjana patient of BRIMS hospital was certified as a known case of PTB 2 years, in CAT II RVD positive and was on treatment.  She was also having  Diabetic and Keto acedosis.  The un-authenticated medical records have been produced by the O.Ps as Annexure-11.  The other document produced as Annexure-R.10 is of one Sanjana w/o Sanjukumar resident, near Bhavani Temple, Gandhi nagar, Bidar and was a labourer in mining contracts.  The other document relied upon by the opponents is AnnexureR.9, which is an investigation report by South India Investigation Services.  This investigative report painstakingly undertaken only relies upon the medical records of Bidar Institute of Medical Science and cannot be said to be wholly supporting the opponents case.  It may be noted, at col. no.14 (part-A) the investigator has declared to have investigated vicinity hospitals of BRIMS but, could not gather any clue.  They have also verified the death certificate to be genuine.  In col. no. 2 of part-B, the investigators reported that, th ey did not get any premedical records.

10.       Another amazing aspect is neither side has preferred to e xamine the respective medical practitioners on oath.

11.       Now, the question looms large at us, who was the real deceased life assured?  It was Sanjana, w/o Sanjeevkumar, resident of Kamal Nagar, Aurad,Bidar who was first treated on 04.01.2017 or Sanjana W/o Sanjukumar, resident of Mailoor,Bidar,Tq.&Dist.Bidar, who was admitted in Bidar Institute of Medical science on 03.01.2017 at 12.12.36 p.m. for breathlessness, was a known case of pulmonary Tuberculosis, Diabetes I with Ketoacidosis and Retroviral diseases for the last two years?  The opponents have not taken fruitful step for positive identification.  The accepted proposal form describes late Sanjana as w/o Sanjeev Kumar, resident of Kamal Nagar, Tq.Aurad(B),Dist.Bidar.  Certainly the life assured could not have been treated by the Doctor of Kamal Nagar C.H.C. on 04.01.2017 and died at her home on 05.01.2017 before 9.00 a.m. and simultaneously was admitted in Bidar Institute of Medical science on 03.01.2017 at 12.12.36 p.m. and died on 05.01.2017 at 11.55 a.m.  Therefore, it is crystal cear that, the opponents in order to wriggle out of their liability are trying to superimpose the case of Sanjana w/o late Sanjukumar resident of Mailoor Bidar on that of Sanjana w/o Sanjeevkumar resident of Kamalnagar, Aurad (B), Bidar, a place more then 30 k.m. from Bidar and opponent’s deficiency of service and unfair trade practice is glaring at the face.

12.     Thereby, we answer the points at (a) and (b) accordingly and proceed to pass the following.

::ORDERS::

The complaint is allowed.

1. The opponents are jointly and severally held liable to pay a sum of Rs. 15,85,584/- being death benefit in the policy of deceased life assured Sanjana to the complainant.
2. The opponents are further directed to pay interest @ 12 % p.a on the above sum calculated from their date of first rebuttal i.e. 10.03.2017             (  An.-C) till realisation.
3. The opponents are further directed to pay a compensation of Rs. 20,000/- towards mental agonies and suffering together with a litigation cost of Rs.10,000/-
4. Putting our anxious consideration to the fact that, the complainant is a minor girl child in the custody and upkeep of her uncle (appointee) we hereby further direct that 75% of the principal award amount when realised be kept in a F.D. in a nationalised Bank or scheduled Bank of choice till she attains majority.  The balance amount be paid to the next friend of her by cheque.
5. Four weeks time granted to comply the order.

 (Typed to our dictation then corrected, signed by us and then pronounced in the open Forum on this   13^th  day of June 2019).

Sri. Shankrappa H.                                             Sri. Jagannath Prasad                                  

Member.                                                                 President.                                                                                       

Documents produced by the complainant

1. Annexure.A- Literature of the insurance policy (copy).  
2. Annexure.B– Insurance proposal form  (copy).  
3. Annexure.C- Repudiation letter dt.10.03.2017 (original).
4. Annexure.D– Deposit receipt (original).  
5. Annexure.E – Death certificate (copy).
6. Annexure.F-  Repudiation letter dt.28.09.2017 (original).
7. Annexure.G- Aadhar Card of  deceased  Sanjana (copy).
8. Annexure.H- Aadhar Card of Sneha complainant (copy).
9. Annexure J –  (‘I’ excluded) Aadhar Card of Santosh next friend (copy)
10. Annexure K- certificate of death dt. 18.01.2017 of Medical officer,

         Kamal Nagar, Tq.Aurad (B), Dist.Bidar(copy).

 Document produced by the Opponents.

1.Annexure-R1- Authorisation letter of O.P.no.1  In favour of Shankar Kulkarni (original )

2.Annexure-R2- Accepted proposal form (copy)

3. Annexure R3- Policy document (copy)

4. Annexure R.4- claimant statement form (copy).

5. Annexure R5- Death certificate (copy)

6.Annexure R6- Statement of Santosh next friend of the complainant (copy)

7.Annexure R7-Statement of account of Pragati Krishna Gramina Bank in    respect of Santosh (copy)

8.Annexure.R8- Aadhar card of Santosh (copy)

9.Annexure.R9- Investigation report by M/s South India Investigation  service

10.Annexure.R10- Purported T.B. treatment records of Sanjana resident of   Gandhinagar,Bidary (copy)

11.Annexure R11- Medical records of Bidar Institute of Medical service    (copy)

12.Annexure R.12-Repudiation letter dt.10.03.2017 (copy)

13.Annexure R.13-Appeal of Santosh to O.Ps  (copy)

14.Annexure R.14-Appeal to Insurance Ombudsman (copy)

Witness examined.

Complainant.

1. P.W.1- Santosh S/o Madivalappa Biradar (Next friend of   complainant)

Opponent.

• Nil  -

Sri. Shankrappa H.                                             Sri. Jagannath Prasad                                  

       Member.                                                                   President.