BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM ::
KADAPA Y.S.R DISTRICT
PRESENT SRI V.C. GUNNAIAH, B.Com., M.L., PRESIDENT
SMT. K. SIREESHA, B.L., LADY MEMBER
SRI M.V.R. SHARMA, B.A., MEMBER.
Friday, 24th October 2014
CONSUMER COMPLAINT No. 03/ 2014
P. Rasheeda Bhanu, W/o Late P. Abdul Sattar,
Aged about 35 years, Muslim, Resident of D.No. 8/938,
G.H. Wada, Saipet, Kadapa City. ….. Complainant.
Vs.
1. The Manager, Sri Gopal Auto Stores,
D.No. 1/335-336, Maruthi Nagar,
Near R.T.C. Bus Stand, Kadapa City – 516 001.
2. National Insurance Co. Ltd., Rep. by its
Branch Manager, Near Andhra Pragathi Grameena Bank,
Out Gate of RTC Bus Stand, LIC Road,
Kadapa City. ….. Respondents.
This complaint coming on this day for final hearing on 14-10-2014 in the presence of Sri Ajay Kumar Veena, Advocate for complainant and Sri K. Venu Gopal, Advocate for Respondent No. 1 and Sri P. Goutham Kumar, Advocate for Respondent No. 2 and upon perusing the material papers on record, the Forum made the following:-
O R D E R
(Per V.C. Gunnaiah, President),
1. The complainant filed complaint under section 12 of Consumer Protection Act 1986 (for short herein after called as C.P. Act) praying this forum to direct the respondents to pay Rs. 1,00,000/- towards policy claim with interest 24% p.a. and to pay Rs. 10,000/- towards deficiency of service and Rs. 5,000/- towards expenses of the complaint.
2. The averments of the complaint in brevity are that the husband of the complainant purchased Hero Hondaa splendor plus bearing No. AP 04 AA : 5801 from respondent No. 1 in the month of September 2009 at Kadapa city. At the time of purchasing of the vehicle respondent No. 1 collected Rs. 1,000/- as premium towards Hero Honda Good Life scheme, which is tie up respondent No.2. Respondent No. 2 issued personal accident policy No. 351804/42/09/820000002 in the name of deceased P. Abdul Sattar, husband of the complainant. The said policy covers Rs. 1,00,000/- for a period of three years from the date of policy and policy was in force from the date of death of the deceased i.e. on 14-9-2011, he met with motor accident while he was coming from Lakkireddypalli – Kadapa on his motor cycle bearing No. AP 04 AA : 5801 as lorry bearing No. TN 23 AA : 8883 dashed from his behind.
3. The complainant submitted claim form along with all relevant documents to respondent No. 1 for group insurance for personal accident issued by respondent No. 2, subsequent to the death of her husband P. Abdul Sattar on 25-11-2011 and the same was forwarded to the respondent No. 2. But the respondents have not taken any action in paying the claim. They caused mental agony to the complainant. The complainant issued legal notice on 30-10-2013 to the respondents 1 & 2. Though R2 stated that the claim will be settled but not settled and evading to pay the same willfully on some pretext or other. Hence, the complaint for the above reliefs and directions to the respondents.
4. Respondents 1 & 2 filed separate counters.
5. Respondent No. 1 filed counter admitting the complainant’s husband purchased motor cycle and paid premium amount tie up with Respondent No. 2 insurance company as pleaded by the complainant. But he denied the negligence on his part to forward the claim to the Respondent No.2. It is further averred that the settlement of claim is being under purview of respondent No. 2 and this respondent (R1) extended his full support to the complainant, which is for Respondent No. 2 to settle in favour of complainant as per terms and conditions of the policy. Hence, the complaint against this respondent may be dismissed.
6. Respondent No. 2 insurance company filed counter denying the allegations called upon the complainant to prove all of them. However the Respondent No. 2 admitted issuing of policy in favour of complainant’s husband in policy No. 351804/42/08/8200000107 for a period from 30-9-2009 to 20-9-2012 under Good Life personal accident policy, which cover three years in the event of accidental death of purchaser of the vehicle from respondent No. 1. But there is discrepancy in respect of nominee as shown by the insured. This respondent (R1) issued reply notice on 4-11-2013 to the complainant to submit all records. But the complainant has not submitted records. Hence, the complaint is not maintainable and complaint is liable to be dismissed.
7. On the basis of the above pleadings the following points are settled for determination.
i. Whether there is any negligence and deficiency of service on the part of the respondents?
ii. Whether the complainant is entitled for the relief’s as prayed for?
iii. To what relief?
8. No oral evidence has been let in by either party. On behalf of the complainant Exhibits A1 to A19 documents are marked by consent. No documents are marked on behalf of the respondents.
9. Heard arguments on both sides.
10. Point Nos. 1 & 2. Learned counsel for the complainant contended that the abundant documentary evidence placed by the complainant proved that she is the wife of deceased P. Abdul Sattar, he purchased motor cycle and met with an accident on 14-9-2011 and died and thereafter she made claim for personal insurance of her husband from the respondents, but they have not paid. The same shows gross negligence and deficiency of service on their part. Therefore, the complainant is entitled for the above reliefs claimed.
11. Per contra learned counsel for respondent No. 1, contended that there is no negligence or deficiency of service on the part of respondent No. 1, as he forwarded all documents to respondent No.2, who had to settle the claim.
12. On behalf of Respondent No. 2 contended that since the complainant has not furnished all documents and she is not nominee of the insured, she is not entitled for the claim and complaint is liable to be dismissed.
13. There is no dispute regarding the complainant’s husband P. Abdul Sattar, purchased motor cycle bearing No. AP 04 AA : 5801 in the month of September 2009 at Kadapa city. It is also not in dispute that the respondent No. 1, show room has tie up with respondent No. 2 insurance company and collectedRs. 1,000/- premium towards personal accident policy, which cover Rs. 1,00,000/- for a period of three years and the husband of the complainant purchased the said policy, when he purchased the motorcycle. It is also not disputed by the respondents the complainant is the wife of deceased P. Abdul Sattar, who is the insured under Ex. A3 certificate of insurance issued by Respondent No. 2.
14. In support of her claim the complainant filed death certificate Ex. A5, Ex. A6 Post mortem certificate. Ex. A7 FIR in Cr. No. 122/2011 of traffic police station, Kadapa, Ex. A8 is inquest report, Ex. A9 registration certificate of motor cycle bearing NO. AP 04 AA : 5801 and Ex. A10 driving license of deceased P. Abdul Sattar.
15. The above documents clearly and categorically goes to show that P. Abdul Sattar is the owner of Hero Honda Splendor Plus motor cycle bearing NO. AP 04 AA : 5801 and he met with an accident and died on 14-9-2011. Ex. A2 the Hero Honda Good Life Card, Ex. A3 the certificate of insurance issued by respondent No. 2 i.e. National Insurance Co. Ltd., shows that respondent No. 2 company issued certificate of insurance in favour of deceased P. Abdul Sattar for his personal accident policy for the period from 30-9-2009 to 29-9-2012.
16. A perusal of Ex. A11 bank pass book of complainant, Ex. A12 house hold card, Ex. A13 forwarding letter to Respondent No. 2 to Good Life Center, Ex. A14 election card, Ex. A18 family member’s certificate of P. Abdul Sattar issued by Tahsildar and Ex. A19 death certificate of the father of P. Abdul Sattar proved that the complainant is the wife and legal heir of deceased P. Abdul Sattar. The other documents Ex. A1 claim letters, Ex. A15 legal notice, dt. 30-10-2013, Ex. A16 and Ex. A17 reply notices dt. 6-11-2013 & 4-01-2013 issued by respondents 1 & 2 shows that there was claim by the complainant and the respondent No. 2 not acted properly to settle the claim of the complainant.
17. The evidence placed on record clearly established that the P. Abdul Sattar, purchased motor cycle bearing No. AP 04 AA : 5801 from Respondent No. 1 show room in the month of September 2009 and respondent No. 1 collected premium of Rs. 1,000/- towards Hero Honda Good Life Scheme and issued policy under Exhibits A2 & A3 certificates covering the period from 30-9-2009 to 20-9-2012 and the said P. Abdul Sattar, died in motor accident on 14-9-2011 and on which date the insurance policy was in force as per Ex. A3 and the complainant submitted claim form under A1 to the respondents. But the respondents have not properly addressed or settled her claim though she is entitled for Rs. 1,00,000/- as per policy under Exhibits A2 and A3 being the wife of insured. Therefore, there is negligence and deficiency of service on the part of the respondents 1 & 2, as such the complainant is entitled for the claim of Rs. 1,00,000/- from the respondents under Exhibits A2 & A3 policy with interest @ 9% p.a. from the date of claim i.e. 25-11-2011, apart from Rs. 5,000/- towards mental agony and Rs. 1,000/- towards expenses of the complaint. Accordingly, the points 1 & 2 are answered in favour of the complainant.
18. Point No. 3. In the result. The complaint is allowed, directing the respondents 1 & 2 jointly and severally liable to pay Rs. 1,00,000/- (Rupees one lakh only) along with interest @ 9% p.a. from the date of complaint i.e 25-11-2011 till the date of realization and shall also pay Rs. 4,000/- (Rupees four thousand only) towards mental agony and Rs. 1,000/- (Rupees one thousand only) towards costs, payable within 45 days from the date of receipt of this order. The rest of the claim is dismissed.
Dictated to the Stenographer, transcribed by him, corrected and pronounced by us in the open forum, this the 24th October 2014
MEMBER MEMBER PRESIDENT
APPENDIX OF EVIDENCE
Witnesses examined.
For Complainant NIL For Respondent : NIL
Exhibits marked for Complainant : -
Ex. A1 Claim letters submitted by the complainant dt. 25-11-201 &
27-10-2011.
Ex. A2 Hero motor corp Good life card.
Ex. A3 Certificate of insurance policy No. 351804/42/09/820000002.
Ex. A4 National Insurance Co. Accident claim form.
Ex. A5 Death Certificate
Ex. A6 Post mortem certificate.
Ex. A7 FIR in crime No. 122/2011 of traffic P.S. Kadapa.
Ex. A8 Inquest report.
Ex. A9 R.C. of motor cycle bearing No. AP 04 AA : 5801.
Ex. A10 Driving license of deceased P. Abdul Sattar.
Ex. A11 Bank pass book of complainant
Ex. A12 House hold card.
Ex. A13 Forwarding letter of R1 to Good Life Center.
Ex. A14 Election card.
Ex. A15 Legal notice dt. 30-10-2013 along with postal receipt.
Ex. A16 Reply notice dt. 6-11-2013 issued by R1.
Ex. A17 Reply notice dt. 4-1-2013 issued by R2.
Ex. A18 Family member certificate of late Abdul Sattar issued by Tahsildar, Kadapa.
Ex. A19 Death Certificate of p. Imam Saheb.
Exhibits marked for Respondents: - NIL
MEMBER MEMBER PRESIDENT
Copy to :-
1) Sri Ajay Kumar Veena, Advocate for complainant.
2) Sri K. Venu Gopal, Advocate for respondent No.1.
3) Sri P. Goutam Kumar, Advocate for respondent No.2.
B.V.P.
