This C.C. is coming on before us for hearing in the presence of Sri M. Hanumantha Rao, Advocate for Complainant and notice to opposite party No.1 served called absent; and Government Pleader for opposite parties 2 to 4; upon perusing the material papers on record; upon hearing and having stood over for consideration, this Forum passed the following order:-

O R D E R

(Per Sri R. Kiran Kumar, FAC President)

          This Complaint is filed u/s.12-A of Consumer Protection Act, 1986. 

2.       The averments made in the complaint are that the mother of the complainant Kandula Narasamma, W/o. Kandula Kanakaiah during her life time had joined in Lavanya Self Help Group (DWACRA) and also joined in the scheme of Dr. Y.S.R. Abhaya Hastham which runs concurrently with the said Lavanya Group vide member ship ID No.01220903012010100304 and LIC membership No.514888/3059709 in which the complainant stated as nominee.  The complainant also submitted that the deceased payed an amount of Rs.365/- yearly towards the Lavanya Self Help Group and also she payed Rs.365/- towards Dr. Y.S.R. Abhaya Hastham and also paid Rs.35/- as user charges in total she paid Rs.785/- under the two heads, the mother of the complainant has paid for a period of 4 years constitutively of total an amount of Rs.3,140/-.  The complainant further submitted that it is unique procedure of Government and also settled principle of the Government to allot the benefits as a insurance  benefit amount of Rs.30,000/- as standard assured amount and also it is common amount to the deceased, who died in the middle of the scheme even after the payment of single term, irrespective of amount paid by the concerned persons the government would allot the death benefits and also the government would return the actual amount paid by the deceased during her life time to the nominee along with the death benefits.  The complainant also submitted that the terms and conditions, norms of the prescribed procedure details are available with the opposite parties and no documentary proof is available to the members of the said group except ID cards and oral information furnished by the opposite parties.  The complainant further submitted that as per the procedure and norms the complainant being the nominee of his mother is entitled to receive an amount of Rs.30,000/- plus Rs.3,140/- in total Rs.33,140/- in which the complainant already received Rs.5,000/- by way of cash and now the complainant is entitled for an amount of Rs.28,140/-.  The complainant further submitted that the object of the scheme is to develop the saving capacity in the poor sector and also to aid the poor people who are the members of the said scheme and to aid by providing benefits during the life time and also even after the death of said members the government would allot the insurance benefits which is being tie-up with LIC of India, as per that the nominee is entitled to receive the death benefits of the concerned persons respectively in the same manner the name of the complainant has been enrolled as nominee in the proposal Form, on that he is entitled for benefits on the account of death of his mother without any hesitation.

3.       The complainant further submitted that on 19-08-2013 the mother of the complainant passed away during the pendency of membership in the Lavanya Self Help Group and also Dr.Y.S.R. Abhaya Hastham, the death was recorded before the Gramapanchayath of Lakshmipuram on 27-08-2013 vide registration Sl. No.5, the same has been informed by the complainant to the officials of Velugu Project including opposite parties 1 to 4, upon which they rushed to the house of the complainant and given Rs.5,000/- to the complainant as initial benefit premium amount from the government under the said scheme and on the same day the opposite parties have assured that they would arrange remaining insurance death benefit amount of Rs.28,140/- to the complainant within 15 days.  The complainant further submitted that subsequently he had waited for a reasonable period and thereafter he met opposite party No.1, CC of Bhadrachalam area i.e. opposite party No.2, on that opposite party No.2 asked the complainant Rs.5,000/- as the ratification and also he threatened the complainant that unless the complainant gives Rs.5,000/- he will not recommend for death benefit cheque, on the complainant met APM i.e. opposite party No.2, thereafter he made a little letter dt. 28-12-2013 to the District Project Director, who is opposite party No.4.  The complainant further submitted on the written complainant the opposite party No.4 promised that he would see into the matter, he will get make enquiry into the same and he further assured that he would arrange the death benefits of the mother of the complainant at the earliest, believing the words of the opposite party No.4 the complainant has been waiting all these days but there is no response and the complainant suffered lot of mental agony.   As the opposite party No.1 to 5 willfully avoiding and dragging the matter, the efforts of the complainant become futile and he lost the hope in getting the death benefits of his mother as such the complainant filed this complainant.

4.     To prove his case, the complainant filed the following documents and the same have been marked as Exs.A1 to A5.

Ex.A1:-Photocopy of Death Certificate of the mother of the complainant,

           dt.27-08-2013 issued by Gramapanchayath, Lakshmipuram,

           Bhadrachalam Mandal.

Ex.A2:-Photocopy of the Lavanya Self Help Group Savings account pass Book,

           issued by A.P. Grameena Vikas Bank, Nellipaka Branch,.

Ex.A3:-Photocopy of Dr. Y.S.R. Abhaya Hastham membership card.

Ex.A4:-Photocopy of application made before the Project Director, Khammam.

Ex.A5:-Photocopy of Bank State for the year 2009-2010 to 2013-2014 pertaining to the mother of the complainant.

5.       On receipt of notice, the opposite parties appeared through their counsel and filed counter.  In their counter opposite parties No.2 to 4 admitted that the deceased was given LIC membership No.3059709, the claim occurred on 20-08-2013, immediately on the same date an amount of Rs.5,000/- was paid through Grama Sangham Committee and however an amount of Rs.28,140/- is entitled by the successors of the deceased.  The opposite parties submitted that the deceased is having four sons by name Tirupathaiah, Gopal i.e. complainant, Atyuchatha Rao, and Sandeep, first and third sons are residing at Lakshmipuram village and second and fourth son were residing at Hyderabad, the deceased narsamma was having a loan of Rs.28,000/- as per Grama Samakhya Record in Lavanya Self Help Group and the amount to be deducted and the balance amount is liable to be paid.  The opposite parties also submitted that the papers with respect to insurance claim were received by the call centre, on 24-12-2013 a D.D. for Rs.27,968/- was drawn from Insurance and D.D. was sent to Lakshmipuram Grama Samakhya and the same was informed to the complainant.  The opposite parties also submitted that the complainant never came to Grama Sangham meeting, instead he appeared Mandal Samkhya and demanded for D.D. for that the opposite parties explained the complainant about the rules and regulations of SERP and informed that the D.D. would be issued in the presence of members of V.O., upon which the complainant became violent and abused the staff of opposite party No.3.  The opposite parties also submitted that C.C. of IKP had demanded Rs.5,000/- towards gratification is not true, Zilla Samkhya has to issue D.D. cheque and the insurance department has to verify and clear the same, C.C. or P.D. cannot issue cheque as such the allegation of the complainant is denied, the insurance company i.e. Bheema Mitra shall deliver the D.D. or cheque in the presence of members of Village Organisation and the complainant has no cause of action to file the present complainant since there is no deficiency of service on the part of opposite parties and prayed to dismiss the complainant.

6.       On behalf of the opposite parties no documents filed.

7.         Written Arguments of complainant filed. 

8.       Upon perusing the material papers on record, now the points that arose for consideration is,  

1. Whether the complainant is entitled for the claim?
2. To what relief?

Point:-

          In this case mother of the complainant was a member of the Lavanya Self Help Group and Dr. Y.S.R. Abhaya Hastham vide membership Id.No. 01220903012010100304 and LIC membership No.514888/3059709 in which the complainant sited as nominee.  The mother of the complainant died on 19/08/2013, immediately the opposite parties paid an amount of Rs.5,000/- through Grama Sangham Committee. The complainant has submitted the necessary documents through opposite parties and the same were received by the Insurance call center on 01-10-2013 and on 24-12-2013 a D.D. for Rs.27,968/- was drawn from insurance company and D.D. was sent to Lakshmipuram Grama Samkhya and also the same was informed to the complainant.  According to the complainant he made several representations to opposite parties for the claim amount, but the opposite parties failed to handover the D.D. to the complainant as such the complainant approached the Forum for redressal.  All the above facts were admitted by opposite parties and in the counter they had taken objection that the complainant never came to Grama Sangham meeting instead he approached Mandal Samkhya and demanded for D.D. at Mandal Samkhya Office, that too without furnishing his identity. 

          That as per the complaint and perusing all the documents we observe that the complainant submitted all the necessary documents to insurance call center and same was received by the call centre on 01-10-2013 and requested for payment of claim amount, and even after filing of the complaint before the Forum the opposite parties failed to take appropriate steps to settle the claim and also taken plea that there is no cause of action to file this complaint before this Forum. From the above it is observed that the complainant submitted all the documents to opposite parties even though he is in shock because of death of his mother, he has taken all the steps for getting the claim amount, the opposite parties who are the Government Servants and is expected to maintain utmost standards in settling the claim failed to perform their part of obligation.   And also we observed that the D.D. for Rs.27,968/- was drawn by the insurance company on 24-12-2013, the opposite parties failed to come forward to settle the matter is nothing but deficiency of service on the part of  opposite parties as such this point is answered accordingly in favour of the complaint.

9.       In the result, the complaint is allowed in part directing the opposite parties  to pay the amount of Rs.27,968/- (Rupees Twenty Seven Thousand Nine Hundred and Sixty-Eight only), with interest @ 9% p.a from the date of D.D. i.e. 24-12-2013, till the date of deposit and also directed to pay Rs.1000/- (Rupees One Thousand only) towards cost of the litigation.

        Typed to dictation, corrected and pronounced by us in the open forum on this the     day of November, 2014.  

      FAC PRESIDENT                MEMBER

DISTRICT CONSUMER FORUM, KHAMMAM

APPENDIX OF EVIDENCE

WITNESSES EXAMINED:-

For Complainant:-                                                     For Opposite party:-   

       -None-                                                                           -None-

DOCUMENTS MARKED:-

For Complainant:-                                                     For Opposite party:-   

FAC President               Member

District Consumer Forum,

Khammam.