Karnataka

Chitradurga

CC/179/2019

Smt Shanthamma, W/o Late Palaiah - Complainant(s)

Versus

The Secretary, Agriculture Product Marketting Committee, - Opp.Party(s)

Sri.G.K.Mallkarjuna

24 Sep 2019

ORDER

COMPLAINT FILED ON:18/02/2019

DISPOSED      ON:24/09/2019

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHITRADURGA.

CC.NO:179/2019

DATED: 17^th  September 2019

PRESENT :-     Smt. C.M.Chanchala.                     …. President

                           B.A.L.,,LL.B.,                 

                            

                        SRI. SHIVAKUMAR.K.N    :              MEMBER

                     M.Com., LL.B.,

 

……COMPLAINANT/S	Smt. Shanthamma W/o Late Palaih, Aged about 55 years, Household Work, R/o Madakari Nagara, Challakere Town.   (Rep., by Sri.G.K. Mallikarjuna Swamy, Advocate)
V/S
…..OPPOSITE PARTY	1. The secretary, Agriculture Product Marketing Committee, Challakere-577 523.   (Rep by Sri.C.S. Kireeti Setty,  for OP No.1 Advocate)   2. The Chief Manager, Karnataka State Agricultural Marketing Board, Bengaluru, Division, Office No.16, 2nd Raja Bhavan Road, Bengaluru-01. (OP.2 Ex-Parte)   3. The Manager, Life Insurance Corporation, 4th Floor, Jeevan Prakash, J.C.Road, Bengaluru-560002. . (Rep by Sri.H.S. Satyanarayna Setty, OP No.3 Advocate)

Pronounced on 24^th of September 2019  .

Written by C.M.Chanchala, President.

ORDERS

1.    This is a complaint of alleged deficiency of service filed under section 12 of the Consumer Protection Act, 1986 by Smt. Shanthamma the Complainant against the Opposite parties (for short ‘OPs’ ) prayed assured amount of Rs.30,000 with interest at the rate of 24% p.a and totally Rs.35,000/- as compensation towards loss, mental agony and cost of the proceeding - etc.

The Complaint:

2.  The case of the complainant are that her husband Palayya was the employee under OP No.1 and his employer i.e.,  has taken Group Insurance Policy vide name 'Janashree Bhima Yojana' including for Papayya from OP No. 3 in the year 2006-07 and he was regularly paying premium without fail. Unfortunately, her husband Papayya died leaving behind the complainant as his LRs and nominee under the policy. Complainant further submitted that OP No.1 also paid Rs. 10,000/- for cremination of Papayya through cheque. After the death of her husband, she has submitted claim before the OP No.1 with relevant documents claiming for assured amount of Rs.30,000/- under the policy, but the OP No.3, inspite of her several request and demands failed to honour the claim. Hence she got issued notice to the OPs on 20-01-2019 through her counsel, inspite of receiving the said notice, the OP No.1 and 2 failed to comply the demands therein, but OP No.3 replied the said notice on false grounds. Hence she filed the present complaint.

3.      After hearing on admission the complaint was admitted and  notice were ordered to be issued to the OPs  to file their written versions under section 13(2) of the Consumer Protection Act,1986 (  in short “the Act) . The OP 1 and 3 have appeared through their counsel and OP-3 filed written version, OP No.1 though filed vakalath, failed to filed written version and 2^nd OP inspite of service of notice has failed to appear before the forum, hence he placed ex-parte.

Defense:

4.    The contents of the written version filed by OP-No.3 are that, OP No.1 being an employer of the husband of complainant, is liable and response of premium, based on eligibility conditions from his employees and climate is not directly connected to them, hence if there is any grievance, the complainant should approach OP No.1. He further contended that OP No.1 and 2 being the master policy holders have collected the death claim requirements of LA on 30-06-2017, on verification they found that as per the ration card the age of LA was more than 60 years i.e., it was mentioned as 63 years, hence they informed vide letter Dtd: 03-08-2017 to OP No.1 and 2 to collect the correct age proof of LA, in response to the same on16-02-2019 OP No.1 and 2 sent an Aadhar card of La, on the day itself 3^rd OP sent claim amount of Rs. 30,000/- to the complainants' A/c and same has been intimated to the complainant vide letter Dtd: 18-02-2019, if delay in processing is caused it is purely by the act of OP No.1 and 2, hence the 3^rd OP not liable to pay any compensation as there was no delay from their side. For the above said reasons, he prays for dismiss the complaint against him.

 

 

 

Evidence : 

5.      The complainant got herself examined as PW-1 by filing her affidavit as a part of examination in chief and also got Ex.A-1 to A-9 marked and closed the evidence.

6.    On behalf OP No.3 one Raju.N. Administrative officer of LIC got himself examined as RW-1 by filing his affidavit as a part of examination in chief and also got Ex.R-1 to R-8 marked and closed the evidence.

Arguments:

7.      We have heard the complainant as well as OP No.3 and perused the written arguments filed by both advocates.  

8.      The points that arise for our determination are;

1. Whether the complainant proves that deficiency of service on the part of opponents?

2. Whether the complainant proves that he is entitled for the relief sought?

3. What order?

9.      Our finding on the above points are as under;

          Point No.1: In the Affirmative against OP No.3.

          Point No2: In the partly Affirmative against OP No.3.

          Point No3: As per final order,

Discussion and Reasoning:

Point No.1 and 2:

 10.  Admittedly, there is no dispute between the parties regarding that the LA Papayya was employee under the 1^st OP and his employer has taken Group insurance policy including Papayya and Papayya died on 03-04-2017 and complainant is the nominee under the Policy. Is  also not in dispute that after the death of  her husband, the complainant filed a claim before the OP No.1 and 2 along with required documents, in turn OP No.1 and 2  have sent the same to OP No.3, as the OP No.3 found deference in age of LA in the Voter ID, on 03-08-2017 they sought for ID regarding correct age proof of LA and in response to the same on 16-02-2019 the OP No.1 has send Aadhar card of LA regarding the correct age proof and on 16-02-2019 itself an amount of Rs. 30,000/- has been deposited by the 3^rd OP in the account of complainant.

11. The complainant alleged that inspite of providing all the required documents, there is a delay in settling the claim under the policy, which should be compensated.  

On perusal of Aadhar card EX-A2 it shows in the column provided for date of birth is 1957 and date and month left blank. As per the death certificate EX-A 3 LA died on 03-04-2017 i.e., at the age of 60 years. EX- B1 proves that OP No.1 vide letter Dtd; 03-06-2017 has forwarded claim forum along with following documents.

1. «ªÀiÁ ¥ÀjºÁgÀPÁÌV ¤UÀ¢vÀ Cfð.
2. ªÀÄgÀt ¥ÀæªÀiÁt ¥ÀvÀæ.
3. ¨ÁåAPï G½vÁAiÀÄ SÁvÉ ¥ÀĸÀÛPÀzÀ gÀhÄgÁPïì ¥Àæw.
4. ¤UÀ¢vÀ ¥Álð J. PÉèÃA Cfð £ÀªÀÄÆ£É
5. ¦ CAqï fJ¸ï ªÀiÁåAqÉÃmï Cfð £ÀªÀÄÆ£É.
6. ZÀÄ£ÁªÀuÁ UÀÄgÀÄw£À aÃn, ¥ÀrvÀgÀ aÃn ºÁUÀÆ DzsÁgï PÁqïð

 

12.   This letter clearly shows that on 03-06-2017 itself OP No.1 has sent Aadhar card of LA along with Ration card and voter ID to OP No.3. Contents of EX- B 4 reflected again Aadhar card of LA furnished to OP.No.3 on 16-02-2019. Admittedly OP No.3 has settled the claim on the basis of the age proof mentioned in Aadhar card. Once the OP No.3 received the Aadhar card with claim form on 03-06-2017 from OP No.1, the question of again sought for same document does not arise. As admitted by OP No.3 they have received the claim form with documents on 03-06-2017 from OP No.1. When they received all the required documents, it is their duty to consider the same within 30 days from the date of receipt of claim form. But OP-3 has settled the claim on 16-02-2019 that too after 1 ½ year and also on receipt of legal notice from the complainant as per EX- B 7 to 9. Inspite of collecting premium amount non settlement of claim within the time, is amounts to deficiency of service on the part of OP No.3. As the 1^st and 2^nd OP forwarded the claim form along with documents, we cannot attributed any deficiency of service on the part of OP No. 1 and 2.

13.    Admittedly, OP No.3 has paid the claim amount of Rs. 30,000/- on 16-02-2019, that too after 1 ½ year from the date of receipt of claim form which definitely caused mental agony to the complainant. Hence the delay should be compensated by way of compensation. Accordingly, we answered this point in the Affirmative against OP No.3.

Point No.2:-

14.   As the complainant proves deficiency of service on the part of OP No.3, she is entitled for compensation for the same, along with compensation for mental agony, cost of the proceeding etc., accordingly, we answered this point in the Affirmative against OP No.3.

Point No 3:

14.   In view of the discussion made in point No.1 and 2, we pass the following order.

 : ORDER:

The complaint is partly allowed.

The OP No.3 is directed to pay interest @ 10 % per annum on Rs.30,000/- from the date of complaint till date of realization; within six weeks from the receipt of the copy of this order. OP No.3 is also shall pay Rs.10,000/- to the complainant as compensation for deficiency of service, mental agony and also cost of the proceeding within six weeks from the receipt of the copy of this order.  In case of non-compliance of the order the entire amount shall carry interest @ 10% per annum till its realization.

Present complaint is dismissed against OP No.1 and 2.

The assistant registrar is directed to send free copies of this order to the all the parties free of cost within a week from today.

(Dictated to the Stenographer, typescript edited, corrected and then pronounced in the open court this  24th  day of September 2019)

 

MEMBER

PRESIDENT.

             

 

ANNEXURE

Witness examined for the complainant side:

Complainant- Shanthamma has examined-in-chief by filing affidavit as PW1.

Documents marked for the complainant side:

01	Ex-A-1:-	Complainant Voter I.D Card(Xerox copy)
02	Ex-A-2:-	Aadhara Card
03	Ex-A-3:-	Complainant husband Death certificate
04	Ex-A-4:-	premium paid Receipt dated 28/02/2006 and 14/03/2006
05	Ex.A-5:-	Application Xerox copy.
06	Ex.A-6:-	OPs issued Legal notice dated 23/01/2019
	EX.A-7:-	Postal receipt
	EX.A-8	Acknowledge
		Acknowledge

 

Witness examined for the opponent 1 side:

-nil-

 

Documents marked for the opponents 3  side:

-nil-

 

          (C.M.Chanchala  )

                       President.

                                                                                     

 

 

           ( Shivakumar K.N.)

                                                                                     Member.