Karnataka

Koppal

CC/1/2015

Hanumagouda.B.Karadi, R/o. Chikkamannapur. - Complainant(s)

Versus

The Manager, LIC of India, Koppal - Opp.Party(s)

M V Mudgal

03 Jan 2015

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
OLD CIVIL COURT BUILDING, JAWAHAR ROAD, KOPPAL
 
Complaint Case No. CC/1/2015
 
1. Hanumagouda.B.Karadi, R/o. Chikkamannapur.
S/o. Basavanthappa Karadi, Age-43 Years, Occ-Agri., R/o. Chikkamannapur, Tq. Koppal
Koppal
Karnataka
...........Complainant(s)
Versus
1. The Manager, LIC of India, Koppal
Life Insurance Corporation of India, Branch-Koppal
Koppal
Karnataka
............Opp.Party(s)
 
BEFORE: 
 HONORABLE K.V.Krishnamurthy. PRESIDENT
 HON'ABLE MR. R.BANDACHAR MEMBER
 
For the Complainant:M V Mudgal, Advocate
For the Opp. Party:
ORDER

The complainant herein is the brother of deceased Yamanurappa, who was a Commission Agent under the LIC.  He died on 22-05-2011.

 

2.  According to the complainant, his brother should have got Rs.1,00,000.00 as commission for the work as Commission Agent and so also Club Membership Death Benefit amount of Rs.3,00,000.00 

 

3.  The complainant’s application has not been attended by the LIC for long period and therefore he has filed this complaint seeking for the above said sum of Rs.4,00,000.00 plus compensation of Rs. 75,000.00 plus cost.

 

4.  In our view, the LIC is not the service provider as against the commission agents.  On the other hand, deceased was the service provider to the LIC.  The deceased has not paid any consideration to the LIC for the service to be undertaken by the Insurance Company.  What was agreed to be paid is the commission for the work done by the deceased.  Therefore the complainant cannot be a ‘consumer’ as against the LIC as defined u/sec. 2(1)(d) of the Consumer Protection Act – 1986.

 

5.  In so far as the Club Membership amount, no document is furnished to show that the deceased was a Member of the Club run by the LIC for the year 2011-12 and LIC has to make payment to the deceased member.  The first document is a Certificate of Club Membership for 2006-07.  The deceased was a 43 years old man.  His wife and children have not made any claim although the agent died on 22-05-2011.  As such the complainant cannot be a consumer as against the amount due to death of his brother.   

 

6.  The complaint is also barred by limitation u/sec. 24(A) of the Consumer Protection Act – 1986.

 

7.  For the above reasons, the complaint is dismissed at the stage of admission.

 
 
[HONORABLE K.V.Krishnamurthy.]
PRESIDENT
 
[HON'ABLE MR. R.BANDACHAR]
MEMBER

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