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Maram Reddy Sreenivasulu Reddy, S/o Tirupathi Reddy filed a consumer case on 16 Nov 2017 against The Manager State Bank of India in the Nellore Consumer Court. The case no is CC/47/2015 and the judgment uploaded on 17 Nov 2017.
Date of Filing :22-05-2015
Date of Disposal:16-11-2015
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM:NELLORE
Thursday, this the 16th day of NOVEMBER, 2017
Present: Sri Sk.Mohd.Ismail, M.A., LL.B., President
Sri K. Umamaheswara Rao, M.A., B.L., Member
Maram Reddy Sreenivasulu @ Sreenivasulu Reddy,
S/o.Tirupathi Reddy, Hindu, Aged 50 years,
Resident of Muthyalapadu Village,
Chillakuru Mandal,
SPSR Nellore District. ..… Complainant
Vs.
1. | The Manager, State Bank of India, Gudur Branch, Nellore District.
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2. | The Head-Sales & Marketing, SBI General Insurance, 101,201 and 301, Junction of Western Express Highway, and Andheri – Kurla Road, Andheri East, Mumbai-400069. ..…Opposite parties
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This complaint is coming before us for hearing in the presence of Sri V. Chandrasekhar Reddy, advocate for the complainant and Sri K. Sesha Reddy and Sri K. Mallikarjuna, advocates for the opposite party No.1 and Sri D.V.R. Kiran Kumar, advocate for the opposite party No.2 and having stood over for consideration till this day and this Forum passed the following:
ORDER
(ORDER BY Sri.Sk.MOHD.ISMAIL, PRESIDENT)
The complainant filed this complaint against the opposite parties 1 and 2 under Section-12 of Consumer Protection Act, 1986 against the opposite parties 1 and 2 to direct the opposite parties to pay an amount of Rs.4,00,000/- being the insurance amount covered under the bank account along with interest at 24% p.a. from the date of submission of claim form on 27-04-2015 till its payment and submits to allow the complaint with costs.
2. The brief averments of the complaint are as follows that:- the complainant is the father of late Maramreddy Mohan Reddy during life time of the said Mohan Reddy, he opened S.B.Account No.32718995175 with 1st opposite party bank. The 2nd opposite party is the head of the SBI General Insurance which is the sister concerned of the 1st opposite party. The said account covers the risks of the personal accident benefit on payment of Rs.100/- towards the premium for said the personal accident benefit. On deducting a sum of Rs.100/- from the account of the said Mohan Reddy, the opposite parties have issued Master Policy No.137300/0000/00 valid from 14-06-2013. The opposite parties have issued a certificate No.021053090 to that effect. Under the said certificate the complainant is shown as nominee being the father of the account holder. As per the conditions of the said master policy, the premium at the time of renewal of the policy would be the applicable premium at the date of renewal and the renewal will be subject to account of the insured with State Bank of India being still live and operational. The deceased Mohan Reddy was operating the said account till his death and he died on 02-03-2015 in a road accident for which a case in crime No.38/2015 was registered at Chillakuru P.S. SPSR Nellore District. After the death of the son of complainant, the complainant being the nominee under the policy, submitted a claim on 27-04-2015 before both the opposite parties and requested to pay Rs.4,00,000/- being the assured sum in view of the personal accident of the deceased. The complainant also submitted all relevant documents along with the claim form. As the opposite parties have not chosen to give any reply nor comply the demand, the complainant got issued a legal notice dated 08-05-2015 to both the opposite parties calling upon them to pay the assured sum of Rs.4,00,000/- along with interest at 12% p.a. from the date of submission of claim form till its payment within one week of the receipt of this notice and submits to allow the complaint with costs.
3. The opposite party No.1 filed counter / written version with the following averments that:- The opposite party No.1 submits that one Mohan Reddy Maramreddy was holding a S.B. Account bearing No.32718995175 with the 1st opposite party bank and the said Mohan Reddy Maramreddy has taken SBI General Personal Accident Insurance Policy in master policy No.13700-0000-00 for the period of one year from 14-06-2013 on payment of Rs.100/- and insured for an amount of Rs.4,00,000/-. The policy was expired on 13-06-2014 and was not renewed thereafter by the said Mohan Reddy Maramreddy.
The opposite party No.1 submits that there is no standing instruction or consent letter from the account holder to renew the policy. The bank shall renew the policy only on the instructions of the account holder and there was no automatic renewal of the insurance policy by the bank. The account holder has to issue standing order or consent letter in writing to that effect. Therefore, the opposite party bank was not authorized to debit the premium. It is the duty of the policy holder to ensure that the premiums are paid in time and the policy is kept in force. Therefore the bank is not liable for the claim.
The opposite party No.1 submits that the reply notice dated 15-05-2015 issued by Sri.Y.V.Chandra Sekhar, Advocate, Gudur on behalf of the bank, it is true that there was a mention on the expiry date of the policy as “by 13-06-2015”. The opposite party No.1 submits that it was only a typographical error instead of 13-06-2014, it was typed as 13-06-2015. In this context, this opposite party bank submits that the complainant himself admitted that the said policy is valid from 14-06-2013 for a period of one year. So, the allegations made by the complainant that the said policy is in force as on the date of the death of deceased is not correct.
The opposite party No.1 submits that the allegations made by the complainant, as per the conditions of the said master policy, the premium at the time of renewal of the policy would be applicable premium at the date of renewal and the renewal will be subject to account of the insured with State Bank of India still live and operational only in the case of issuing standing order or consent letter in writing to that effect. Here neither there is standing order nor consent letter in writing to that effect.
The opposite party No.1 submits that the contention of the complainant that the said account of the deceased is operational and there is sufficient funds in his account and it is the duty of the 1st opposite party bank to deduct the premium account from time to time and renew the policy issued by 2nd opposite party is not correct. There is no standing order or consenting letter from the deceased to that effect. As such, deducting the premium amount from the account of the 1st opposite party and renew the policy does not arise at all.
The opposite party No.1 submits that in this context, this opposite party bank submits that a new format has been introduced in “Group Personal Accident Insurance Policy” proposal form from December, 2013 and as per the said new terms and conditions of the new proposal form, there is a provision for auto-renewal, i.e., “I authorize renewal of this cover by direct debit of premium to my account as long as the terms and conditions and the premium payable remain unchanged.”. So, it is also evident that at the time of issuing the policy to the deceased by name Mohan Reddy Maramreddy on 14-06-2013, there is no automatic renewal of the policy by deducting the amount from the account of the deceased by name Mohan Reddy Maramreddy. It is the sole responsibility of the insured to ensure the policy in force by timely remittance of renewal premium. But here, the said Mohan Reddy Maramreddy did not renew the policy at all.
The opposite party No.1 submits that as Maramreddy Maramreddy died on 03-03-2015 and as the policy was not in force as on the said date the complainant is not entitled for any claim and it is submitted by the 1st opposite party bank that the customer’s insurance policy is only an agreement between the customer and the SBI General Insurance Company and the 1st opposite party bank is merely facilitating the purchase of the insurance policy and has no obligation towards settlement of claims and the same is also accepted by the said Mohan Reddy Maramreddy in the said “Group Personal Accident Insurance Policy” form by giving declaration to that effect.
The opposite party No.1 submits that the definition of the “Insured Period” and the “Expiration Date” according to the SBI General Insurance clarifies and / or answers the mis-interpretation of the policy terms and conditions taken of by the complainant. The defined terms are reproduced below for ready reference.
“INSURED PERIOD” means with respect to the Policy, the period commencing with the Effective Date of the policy and terminating with the Expiration Date of the Policy as stated in the Policy Schedule.
“RENEWAL CONDITIONS” - The Policy may be renewed with Our consent by the payment in advance of the total premium specified by Us, which premium shall be at Our premium rate in force at the time of renewal. We, however, are not bound to give notice that this Policy is due for renewal. Unless renewed as herein provided, this Policy shall terminate at the expiration of the period for which premium has been paid.
“EXPIRATION DATE”.
Such cancellation will be on grounds of mis-representation, fraud, non-disclosure of material facts or non-cooperation of the insured…”
The opposite party No.1 submits that the 1st opposite party is no way liable or is burdened with a duty to deduct the premium without the consent or standing instruction from the customer and the 1st opposite party is third party to the contract entered between the customer / Mohan Reddy Maramreddy and the SBI General Insurance Company. It is also submitted that the insurance policy purchased by the complainant was expired on 13-06-2014 and no instruction was issued to this 1st opposite party bank to renew the policy and the 1st opposite party bank is merely a facilitator for purchase of the insurance policy and has no obligation for settlement of the claims.
The opposite party No.1 submits that the complainant is not consumer within the purview of the Consumer Protection Act, 1986 and as such the filing of the complaint is not maintainable and the dispute raised by the complainant is not the consumer dispute and further the opposite party bank submits that there is no negligence and deficiency of service on the part of the opposite party bank at all and as such, the complainant is not entitled for the amount as prayed by them and hence submits for dismissal of the complaint with costs.
4. The opposite party No.2 filed written version with the following averments that:-
The opposite party No.2 submitted that one Mannareddy Mohanreddy had taken a policy bearing No.137300-0000-00 which is a master policy under personal accidental cover and at the time of taking policy he nominated his father by name Srinivasulu alias Srinivasulureddy who is the complainant for a sum of Rs.4,00,000/-. The said policy commencing from 14-06-2013 for a period of one year. Subsequently the said Mohanreddy demised on 02-03-2015 in a road accident as per recitals. As seen from records the said master policy is lapsed at the time of accident hence the complainant is put to strict proof thereof. Later the opposite party No.2 received necessary form from the nominee / complainant with insufficient documentation to process the claim submitted by the nominee. In this connection, the opposite party No.2 made several representation to nominee for want of further documentation in respect of his claim. But the nominee had not complied the same and suppressing the said facts in earlier he gave a legal notice to his counsel to the opposite party No.2 with false and incorrect averments and later filed this complaint before this Forum with a view to get wrongful gain from the opposite party No.2.
The opposite party No.2 submitted that hence basing on the preliminary submissions, the opposite party No.2 prays that this Forum may be pleased to dismiss the above complaint against opposite party No.2 with costs.
The opposite party No.2 submitted that one Maramreddy Mohanreddy obtained a policy from the opposite party No.2 bearing No.137300-0000-00 which is a master policy with personal accidental cover. At the time of taking policy he had nominated his father by name M. Srinivasulu alias Srinivasulureddy who is the complainant for a sum of Rs.4,00,000/-. As seen from recitals the said M.Srinivasulureddy was demised on 02-03-2015 in a road accident. As per records by the time of the death of the deceased the above referred policy was lapsed hence the complainant is put to strict proof thereof. Late the nominee submitted claim forms to the opposite party No.2. Later the said M. Srinivasulu / complainant got issued legal notice dated 09-05-2015 to the opposite party No.2 with false and incorrect averments while the claim was under process. The opposite party No.2 also gave reply to the counsel of complainant for the notice issued on his behalf stating the stage of the claim submitted by nominee. In the mean time, the opposite party No.2 clearly wrote two letters to the nominee vide the letters dated 12-05-2015 and 27-05-2015 and requested the nominee to submit all the attested copies of the document which were placed in those letters.
The opposite party No.2 submits that suppressing the said facts the complainant approached this Forum with a view to get wrongful gain from the opposite party No.2 and other opposite parties, without complying the letters sent by the opposite party No.2. In the reply notice dated 05-06-2015, it was clearly mentioned by the opposite party No.2 in respect of compliance of objections raised by the opposite party No.2 that the complainant has to submit certified copies to process his claim.
The opposite party No.2 submitted that the complainant had not approached this Forum with clean hands and hence submits for the dismissal of the complaint with costs.
5. On behalf of the complainant, affidavit of P.W.1 filed and Exs.A1 to A9 marked.
6. On behalf of opposite party No.1, affidavit of R.W.1 filed and Exs.B1 to B3 marked.
7. On behalf of the opposite party No.2, the affidavit of R.W.2 filed and Exs.B4 and B5 marked.
8. Written arguments on behalf of complainant not filed.
9. Written arguments on behalf of the opposite parties 1 and 2 filed.
10. Arguments on behalf of the learned counsels for both parties heard.
11. Perused the written arguments filed on behalf of the opposite parties 1 and 2.
12. Now the points for consideration are:
(1) Whether the complaint filed by the complainant against the opposite
Party 1 under Section-12 of Consumer Protection Act, 1986
alleging deficiency of service is maintainable?
(2) Whether the complaint filed by the complainant against the opposite
Party 2 under Section-12 of Consumer Protection Act, 1986
alleging deficiency of service is maintainable?
(3) To what relief, the complainant is entitled?
13. POINT No.1:The learned counsel for the complainant submits by relying upon the evidence of P.W.1 and Exs.A1 to A9 that late Maramreddy Mohan Reddy, who is the son of the complainant opened savings bank account No.32718995175 and after deduction of Rs.100/- towards the premium, the son of the complainant was issued master policy bearing No.137300/0000/00 valid from 14-06-2013 to 13-06-2014 and the opposite party No.1 has to deduct the premium and remit the same to the opposite party No.2 at the time of the issuing of fresh policy but the opposite party No.1 failed to deduct the premium and the son of the complainant Maramreddy Mohan Reddy died on 02-03-2015 and as the opposite party No.2 denied about the payment of the accident benefits and as the opposite party No.1 failed to deduct the premium, the opposite parties and 2 are liable to pay the accidental benefit amount and inspite of issuing of legal notice as the opposite parties 1 and 2 failed to pay the compensation amount, the complainant who is the father of the deceased Maramreddy Mohan Reddy filed this complaint against the opposite parties 1 and 2 to direct them for payment of Rs.4,00,000/- with interest @ 24% p.a. and submits to allow the complaint by awarding damages and costs of the complaint and submits to allow the complaint with costs.
On the other hand the learned counsel for the opposite party No.1 submits that it is the duty of the account holder to pay the premium as mentioned in Ex.B1 and since December, 2013, the opposite party No.1 did not deduct the premium and as late Maramreddy Mohan Reddy died, late Maramreddy Mohan Reddy obtained policy basing under the terms and conditions under Ex.B1, it is the duty of the said Maramreddy Mohan Reddy to pay the premium to renew his policy and as Maramreddy Mohan Reddy failed to pay the premium amount, the policy which was issued in favour of the Maramreddy Mohan Reddy was lapsed and hence the complainant is not entitled to claim any compensation and submits for the dismissal of the complaint against the opposite party No.1 with costs.
In view of the arguments submitted by the learned counsels for both parties and as seen from the facts of the case, it is an admitted fact that the son of the complainant namely Maramreddy Mohan Reddy opened S.B.Account No.32718995175 and a sum of Rs.100/- was paid for obtaining accidental policy and the son of the complainant was issued master policy No.137300/0000/00, it is in force from 14-06-2013 to 13-06-2014 and it is an admitted fact that the opposite party No.1 did not deduct the premium and paid to the opposite party No.2 and hence opposite party No.2 was not issued any policy in favour of the late Maramreddy Mohan Reddy. The written version filed on behalf of the opposite party No.1 at para-8 reads as follows:
The opposite party No.1 submits that in this context, this opposite party bank submits that a new format has been introduced in “Group Personal Accident Insurance Policy” proposal form from December, 2013 and as per the said new terms and conditions of the new proposal form, there is a provision for auto-renewal, i.e., “I authorize renewal of this cover by direct debit of premium to my account as long as the terms and conditions and the premium payable remain unchanged.”. So, it is also evident that at the time of issuing the policy to the deceased by name Mohan Reddy Maramreddy on 14-06-203, there is no automatic renewal of the policy by deducting the amount from the account of the deceased by name Mohan Reddy Maramreddy. It is the sole responsibility of the insured to ensure the policy in force by timely remittance of renewal premium. But here, the said Mohan Reddy Maramreddy did not renew the policy at all. |
Ex.B2 terms and conditions were issued in the month of December, 2013 as admitted by the opposite party No.1 and as on the date of Ex.B2 Maramreddy Mohan Reddy is alive and the policy which was issued in the name of Maramreddy Mohan Reddy was inforce till 13-06-2014. The opposite party No.1 is to deduct the premium on or before 13-06-2014 and remit the same into the account of the opposite party No.2 show that the opposite party No.2 can renew the policy in favour of Maramreddy Mohan Reddy. The opposite party No.1 inspite of receiving of Ex.B2 terms and conditions which are inforce since December, 2013, the opposite party No.1 failed to deduct the premium and remit the same to the account of the opposite party No.2. Considering the above facts, we are of the opinion that the opposite party No.1 has deducted the premium as Ex.B2 terms and conditions are inforce since December, 2013.
In Manipal Academy of Higher Education Vs. Provident Fund Commissioner reported in AIR 2008 SC page-1951 at 1955. |
Wherein the Hon’ble Apex Court held that “though the statute in question is a beneficial one, the concept of beneficial legislation becomes relevant only when two views are possible.”
In Steel Authority of India Limited Vs. National Union Water Front Workers reported in AIR 2001 SC 3527. |
Wherein the Hon’ble Apex Court held that “ it is now well settled that in interpreting a beneficial legislation enacted to give effect to directive principles of the state policy which is otherwise constitutionally valid, the consideration of the Court cannot be divorced from those objections. In a case of ambiguity in the language of a beneficial labour legislation, the Courts have to resolve the quandary in favour of conferment of, rather than denial of, a benefit on the labour by the legislature but without rewriting and / or doing violence to the provisions of the enactment.”
In Keshavan Madhava Menan Vs. State of Bombay reported in AIR 1951 SC 128. |
Wherein the Hon’ble Apex Court held that it is a cardinal principle of construction that every statue if prima facie prospective unless it is expressively or by necessary implication made to have retrospective operation.”
In S.L. Srinivasa Jute Twine Mills (Private) Limited Vs. Union of India reported in (2006) 2 SCC 740. |
Wherein the Hon’ble Apex Court held that “the rule in general is applicable, where the object of the statute is to affect vested rights or to impose new burdens or to impair existing applications. Unless there are words in the statute sufficient to show the intention of the legislature to affect existing rights, it is deemed to be prospective only “nova consideration futures for amount imponere debet non praeteritis.”
Following the above decisions as Ex.B2 terms and conditions were issued towards beneficial legislature and as on the date of issuing on instructions in the month of December, 2013, the opposite party No.1 ought to have deduct the premium and pay to the opposite party No.2, so that the policy of Maramreddy Mohan Reddy will not be lapsed. Inspite of issuing receiving of communication under Ex.B2 and as the said terms and conditions are in force from December, 2013, the opposite party No.1 failed to deduct the premium and remit the same into the account of opposite party No.2. so that the policy of Maramreddy Mohan Reddy will be inforce. As Ex.B2 were issued towards the welfare of the customers and not following the said Ex.B2 terms and conditions is nothing but deficiency of service and hence the opposite party No.1 is liable to pay the compensation amount to the complainant who is the father of the late Maramreddy Mohan Reddy as premium was not paid by the opposite party No.1 to the opposite party No.2, the claim of the complainant against the opposite party No.2 is not maintainable and the same has to be dismissed.
Following the above decisions and discussion made above, we answer this point in favour of the complainant and against the opposite party No.1.
14. POINT No.2:The complainant filed this complaint against the opposite party No.2 directing the opposite party No.2 for payment of the compensation amount. The learned counsel for the opposite party No.2 submits that as no policy was renewed, the opposite party No.2 is not liable to pay any compensation to the complainant as the policy was not renewed as on the date of the death of the son of the complainant. In view of the said fact as the opposite party No.1 failed to pay the premium amount by debiting the same from the bank account of late Maramreddy Mohan Reddy and as the policy was not renewed for the said reason, we are of the opinion that the complaint filed by the complainant against the opposite party No.2 is not maintainable. In view of the above discussion, we answer this point against the complainant and in favour of the opposite party No.2.
15. POINT NO.3: In view of our answering on point No.1 in favour of the complainant and against the opposite party No.1, the complaint filed by the complainant has to be allowed with costs and in view of our answering on point No.2 against the complainant and in favour of opposite party No.2, the complaint filed by the complainant against the opposite party No.2 is not maintainable and the same has to be dismissed without costs.
In the result, the complaint is allowed in favour of the complainant and against the opposite party No.1 only and the opposite party No.1 is directed to pay compensation of Rs.4,00,000/- (Rupees four lakhs only) with interest @ 6% p.a. on Rs.4,00,000/- from the date of Ex.A8 i.e., from 09-05-2015 till the date of payment.
The claim of the complainant for damages of Rs.1,00,000/- (Rupees one lakh only) is disallowed as interest was awarded on the compensation amount.
The opposite party No.1 is further directed to pay a sum of Rs.5,000/- (Rupees five thousand only) towards costs of the complaint.
The claim of the complainant against the opposite party No.2 is dismissed without costs.
The opposite party No.1 is directed to comply the order within 30 days on communication of the order.
Dictated to Stenographer, transcribed by her corrected and pronounced by us in the open Forum, this the 16th day of NOVEMBER, 2017.
Sd/- Sd/-
MEMBER PRESIDENT
APPENDIX OF EVIDENCE
Witnesses Examined for the complainant
P.W.1 - | 31-08-2017 | Sri M. Sreenivasulu @ Sreenivasulu Reddy, SPSR Nellore District (Deposition affidavit filed).
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Witnesses Examined for the opposite parties
R.W.1 - | 18-05-2016 | Sri Monish L. Kerhar, S/o.Laxmon Kerhar, Hindu/Muslim/Christian, Working as Assistant Manager Litigation in SBI General Insurance. (chief examination of R.W.2 filed).
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R.W.2 - | 19-08-2016 | Sri Yerramilli Murali Krishna, S/o.Y.V.Bavaji, chief Manager of State Bank of India, Gudur Town, SPSR Nellore District (chief affidavit filed).
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EXHIBITS MARKED FOR THE COMPLAINANT
Ex.A1 - | - | Photostat copy of Certificate No.021053090 issued by
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Ex.A2 - | - | Photostat copy of pass book in Account No.32718995175 in the name of Mohan Reddy Maramreddy.
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Ex.A3 - | 28-04-2015 | Photostat copy of Group Personal Accident Insurance Policy.
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Ex.A4 - | 03-03-2015 | Photostat copy of First Information Report No.38/2015, Chillakur Police Station, Nellore.
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Ex.A5 - | 03-03-2015 | Photostat copy of Inquest report.
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Ex.A6 - | - | Photostat copy of Post – Mortem Certificate.
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Ex.A7 - | 27-04-2015 | Photostat copy of letter from complainant to the opposite party No.1 alongwith registered post receipts.
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Ex.A8 - | 09-05-2015 | Legal notice from complainant’s advocate to the opposite parties alongwith registered post receipts.
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Ex.A9 - | 15-05-2015 | Letter from opposite party No.1 advocate to the complainant’s advocate.
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EXHIBITS MARKED FOR THE OPPOSITE PARTIES
Ex.B1 - | - | Group Personal Accident Insurance Policy, proposal form.
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Ex.B2 - | - | Group Personal Accident Insurance Policy, proposal form.
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Ex.B3 - | - | Customer Information Sheet.
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Ex.B4 - | - | Photostat copy of letter from opposite party No.2 to the complainant.
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Ex.B5 - | 05-06-2015 | Photostat copy of letter from opposite party No.2 to the complainant’s advocate.
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Id/-
PRESIDENT
Copies to:
1. | Sri V. Chandrasekhar Reddy, Advocate, Nellore.
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2. | Sri K. Sesha Reddy and Sri K. Mallikarjuna, Advocates, Balaji Nagar, Nellore.
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3. | Sri D.V.R. Kiran Kumar, Advocate, D.No.25-9-336, Z.P.Colony, A.K.Nagar, Nellore-524 004. |
Date when free copy was issued:
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