BEFORE THE DISTRICT FORUM: KURNOOL
Present: Sri. T.Sundara Ramaiah , B.Com B.L., President
And
Sri. M.Krishna Reddy , M.Sc., M.Phil., Male Member
Monday the 20th day of December, 2010
C.C.No 123/10
Between:
G.Sulochana, W/o. Late G.Krishnaiah,
R/o Ulindakonda (V), Kallur (M), Kurnool District-518 003.
…..…Complainant
-Vs-
1. The Secretary, Primary Agricultural Credit Society,
Ulinda Konda, (V), Kallur (M),Kurnool District-518 003.
2. The General Manager,The Kurnool District Cooperative Bank,
Opp. Government General Hospital,Kurnool-518 001.
3. The Regional Head, Reliance General Insurance Company Ltd.,
Sagar Plaza, 4th floor, H.No.4-1-327 to 337, Abids, Hyderabad-500001.
.…Opposite Parties
This complaint is coming on this day for orders in the presence of Sri. P.Prabhakara Reddy, Advocate, for complainant, and opposite party No.1 is called absent set ex-parte and Sri. S.Baleeswara Reddy, Advocate for opposite party No.2 and Sri. P. Ramanajaneyulu, Advocate for opposite party No.3 and upon perusing the material papers on record, the Forum made the following.
ORDER
(As per Sri. M. Krishna Reddy, Male Member)
C.C.123/10
1. This complaint is filed U/s. 12 of C.P. Act 1986 seeking a direction on OPs for the payment of Rs.1,00,000/- towards the assured amount with 24% p.a interest from the date of death of the complainant’s husband, Rs.10,000/- towards mental agony and cost of the complaint.
2. The complainant is the widow and nominee of Late. G.Krishnaiah. Her husband was a member of OP.No.1 society which is under the control of OP.No.2. Each member of the society was issued Kisan Credit Card (K.C.C) by collecting necessary premium. The K.C.C. card holder gets the benefit of covering risk of Rs.50,000/- in the event of accidental death. OP.No.3 is Reliance General Insurance company. OP.No.1 and OP.No.2 arranged for applicability of the benefit of the Janatha Personal Accident Policy issued by OP.No.3 to all K.C.C card holders. The master policy No is 1811383011100003 and it covers the risk up to Rs.50,000/- for the period from 23-02-2008 to 22-02-2009 . While the policy was inforce the complainant’s husband died in a road accident 0n 25-05-2008. The complainant submitted claim form in full shape to OP.No.1, claiming the insured amount. But OPs did not settle the claim. Inspite of several requests by the complainant , there was no response from OPs. Hence the complainant got issued legal notice to OP.No.3 on 08-04-2010. As the OP. No.3 did not respond to the legal notice, though he received it, he filed a case in the forum seeking appropriate reliefs.
3. The complainant filed documents marked as Ex.A1 to aA6 and sworn affidavit in support of his claim.
4. Responding to the notice of the forum, OP.No.3 filed written version denying his liability to the complainant’s claim . The content of written version of OP.No.3 in short is that complainant’s husband died in road accident on 25-05-2008 while he was traveling in an auto. OP.No.3 issued Janatha Personal Accident Policy bearing No. 1811383 011100003 covering the risk of Rs.50,000/- to all K.C.C. holders of OP.No.1 and OP.No.2. The complainant’s husband was also a K.C.C. holder of OP.No.1. After receiving claim form from the complainant through OP.No.1 and OP.No.2, the OP.No.3 settled the claim as per the policy norms by sending an online cheque bearing No. 158506 dated 31-03-2009 of HDFC bank for Rs50,000/- to OP.No.2. The chque amount was realized on 03-04-2009 by OP.No.2. Hence there is no deficiency of service on his part. If at all there is any deficiency it may be on the part of OP.No.1 and OP.No.2 due to non disbursement of the said amount through they received it. Under the above circumstances, OP.No.3 prayed for the dismissal of the complaint against him.
OP.No.1 Primary Agricultural Credit Society , represented by it secretary was set ex-parte and OP.No.2 , the K.D.C Bank represented by its G.M appointed a counsel who remained absent throughout the proceedings.
5. Documents marked as Ex.B1 to B3 and sworn affidavit are filed by OP.No.3 in support of his case.
6. The complainant and OP.No.3 filed their written arguments.
7. Hence the points for consideration are
(i) Whether the complainant has made out any deficiency on the part of OPs sustaining its liability to his claim.
(ii) what is the amount of compensation that can be awarded to him?
8. Point NO:-1 The contention of the complainant is that her husband was a member of Kisan Credit Card (K.C.C) covered under Reliance Janahta Persona Accident Policy bearing No. 1811383011100003 which is inforce from 23-02-2008 to 22-02-2009 insuring risk of Rs.50,000/-. Ex.B1 is the Xerox copy of the policy issued by OP.No.3 covering the risk of the members of KCC holders of OP.No.2. Ex.A6 is the original pass book bearing No. 3099 of the complainant’s husband showing that her husband was a member of KCC and eligible for the benefits of the policy issued by OP.No.3. The complainant husband died in a road accident on 25-05-2008. Ex.A1 the death certificate, Ex.A2 the FIR and Ex.A3 the inquest report are the proofs confirming the death of complainant’s husband in the road accident . The complainant submitted claims forms in full shape to OP.No.3 through OP.No.1 and OP.No.3 . Ex.B2 proves the submission of claim forms in correct shape in the stipulated time. The Ops failed to take any action in settling the claim.
The contention of OP.No.3 is that after receiving claim form from OP.No.2 he settled claim by issuing an online cheque bearing No. 158506 dated 31-03-2009 of HDFC Bank for Rs.50,000/- to OP.No.2. He also ensured that OP.No.2 realized the cheque amount on 03-04-2009 and did not pay to the complainant .Hence there is no deficiency of service on his (OP.No.3) part.
In view of what is stated above it appears that OP.No.3 as soon as he received the claim form , settled the claim by issuing a cheque for Rs.50,000/- what the complainant is entitled. But OP.No1 and OP.no.2 did not make any attempt to pay the cheque amount ( though they realized ) to the complainant . Therefore the forum holds that OP.No.3 acted properly but OP.No.1 and OP.No.2 were negligent in paying the claim amount. Hence there is deficiency of service on the part of OP.No.1 and OP.No.2.
9. Point No:-2 The complainant claimed the insured amount of Rs.1,00,000/- with 24% p.a interest from the date of death of her husband . But looking the facts and circumstances of the case, the claim of Rs.50,000/- with 24 % p.a interest from the date of realization of cheque i.,e 03-04-2009 is allowed. Since the complainant herself requested for Rs.50,000/- in the sworn affidavit filed by her counsel.
The OP.No.1 and OP.NO.2 did not take any action to pay the cheque amount to the complainant though they realized it from OP.No.3 on 03-04-2009, Hence the complainant is also entitled compensation for mental agony.
10. In the result, the complaint is allowed directing the OP.No.1 and OP.No.2 to pay insured amount of Rs.50,000/- with 24% p.a interest from 03-04-2009 , Rs.5,000/- compensation for mental agony and Rs.1,000/- cost of the case. The complaint against OP.No.3 is dismissed.
Dictated to the stenographer, transcribed by her, corrected and pronounced by us in the open bench on this the 20th day of December, 2010.
Sd/- Sd/-
MALE MEMBER PRESIDENT
APPENDIX OF EVIDENCE
Witnesses Examined
For the complainant : Nil For the opposite parties : Nil
List of exhibits marked for the complainant:-
Ex.A1 Photo copy of Death Certificate.
Ex.A2. Photo copy of FIR in Cr.No.134/08 of Kurnool Taluka P.S.
Ex.A3. Photo copy of Inquest report.
Ex.A4. Office copy of legal notice dt.08-04-2010 along with postal receipt.
Ex.A5. Photo copy of letter addressed to The Assistant Public Information Officer, Office of the Primary Agriculture Co-oparative society, Ullindakonda, dt.29-01-2010 along with postal receipt.
Ex.A6. Original Pass Book NO.3099 of Primary Agriculture Co-oparative society, Ullindakonda.
List of exhibits marked for the opposite parties:
Ex.B1. Photo copy of Reliance Janata Personal Accident Policy No. 1811383011100003 for the period from 23-02-2008 to
22-03-2009.
Ex.B2. Photo copy of Janata personal accident insurance claim form, Policy No. 1811383011100003 for the period from 21-02-2008 to 22-02-2009.
Ex.B3. Photo copy of Payment details of HDFC Bank.
Sd/- Sd/-
MALE MEMBER PRESIDENT
// Certified free copy communicated under Rule 4 (10) of the
A.P.S.C.D.R.C. Rules, 1987//
Copy to:-
Complainant and Opposite parties
Copy was made ready on :
Copy was dispatched on :
