BEFORE THE DISTRICT FORUM: KURNOOL

Present: Sri K.V.H.Prasad, B.A., LL.B., President

Smt C.Preethi, M.A., LL.B., Member

Sri R.Ramachandra Reddy, B.Com., LL.B., Member

Friday the18^th day of November, 2005

CC NO. 134/2005

Smt D. Dasthagiramma,

W/o. Late D. Pedda Dasthagiri,

R/o. H.No. 23-126,

Kondapeta, Dhone (V) and (M),

Kurnool Dist.                                                                 . . . Complainant

     -Vs-

The Manager, LIC of India,

Dhone Branch Office,

Dhone (V) and (M),

Kurnool Dist.                                                                 . . . Opposite party

          This complaint coming on 11.11.2005 for hearing in the presence of G. Sreenivasulu, Advocate for complainant and Sri S. Viswanatha Reddy, Advocate, for opposite party, and stood over for consideration till this day, the Forum made the following.

O R D E R

(As per Smt C.Preethi, Hon’ble Member)

1.       This CC of the complainant is filed under section 12 of CP Act, 1986, seeking a direction on opposite party to pay policy amount of Rs.40,000/- to the complainant with 24% interest per annum, Rs.20,000/- as compensation, Rs. 2,000/- as costs and any such other reliefs.

2.       The brief facts of the complainant’s case is that the complainant is the wife of deceased D. Pedda Dasthagiri, who insured his life under policy bearing No. 653618818 for Rs.40,000/- and nominated the complainant as his nominee.  The policy holder died on 11.2.2003 due to heart attack.  Thereafter, the complainant submitted necessary documents along with claim form but to the dismay of the complainant the opposite party did not pay the insured amount and the non payment of policy amount, amounts to deficiency of service to the complainant.

3.       In support of her case the complainant filed seven unattested xerox documents, besides to her sworn affidavit in reiteration of her complaint averments and the complainant did not made any endeavor to get the above documents marked for its appreciation in this case.

4.       In pursuance to the notice of this Forum as to this case of the complainant the opposite party appeared through their standing counsel and contested the case by filling written version.

5.       The written version of opposite party admits that complainant as the wife of the deceased policy holder late Pedda Dasthagiri, who insured his life with opposite party for Rs.40,000/- under policy bearing No. 653018818.  The complainant informed the death of the policy holder and made an application to pay assured amount. On receipt of said application the opposite party settled the claim and paid Rs.42,000/- in full final settlement through cheque bearing No. 803242 dt 9.8.2005 on 8.8.2005.  In token of the same the complainant has singed in discharge form and handed over it to the opposite party.  Hence, the complainant is not entitled to any reliefs sought

and seeks for the dismissal of complaint with exemplary costs.

6.       The opposite party in support of its case relied on the following documents Viz (1) Discharge form of death claim dt 27.6.2002 and (2) letter dt addressed by complainant to opposite party, besides to the sworn affidavit of opposite party in reiteration of its written version averments and the above documents are marked as Ex B.1 and B.2 and caused interrogatories to the complainant.

7.       Hence the point for consideration is whether the complainant is entitled to any relied as sought in complaint averments:-

8.       The complainant except filling this case did not evince any interest or deligency in prosecuting the matter.  While such is so with the complainant, the opposite party on the other hand placed his arguments and relied on Ex B.1 and B.2.  The Ex B.1 is the Discharge form of death claim under policy No. 653018818 of the complainant’s husband D. Pedda Dasthagiri.  The said exhibit further envisages that Rs. 42,080/- (sum assured of Rs. 40,000/- + bonus of Rs.2,080/-) was paid to the complainant on 8.8.2005 as full and final settlement of the policy of her husband.  As the relief claimed by the complainant in her complaint averments has already been satisfied by the opposite party, there being no case for the complainant to prosecute and there being no circumstances showing any deficiency of service or deficient conduct of the opposite party for the grievances of the complainant and the case of the complainant remains without any merit and force and therefore it is dismissed.

9.       In the result, the complaint is dismissed.

Dictated to the Stenographer, transcribed by her corrected and pronounced by us in the Open Court this the 18th day of November, 2005.

PRESIDENT

          MEMBER                                                                       MEMBER

APPENDIX OF EVIDENCE

Witnesses Examined

For the complainant Nil                                              For the opposite party Nil

List of Exhibits Marked for the complainant: Nil

List of Exhibits Marked for the opposite party:

Ex B.1 Original Discharge form of death claim dated 27.6.2002.

Ex B.2 Letter addressed by complainant to opposite party.

PRESIDENT

          MEMBER                                                                       MEMBER

Copy to:-

1. Sri G.Sreenivasulu, Advocate, Kurnool.
2. Sri S. Viswanatha Reddy, Advocate, Kurnool.

Copy was made ready on:

Copy was dispatched on:

Copy was delivered to parties: