K. Kamala Rani, W/o Late K. Vara Prasad, C/o Abdul Khadar, Door No.48-11/7-1, Plot No.DFF-6,
Krishna Enclave, Currency Nagar, Vijayawada – 8. …… Complainant.
1. The Senior Branch Manager, Life Insurance Corporation of India, 685, CB-II, Machilipatnam.
2. The Manager, Life Insurance Corporation of India, 685, CB-II, Vijayawada.
…. Opposite parties
1. The averments of the complaint in brief are as follows:
That the brother of the complainant is the policy holder bearing No.673630785 for Rs.50,000/- to which the complainant is the nominee. The brother of the complainant died on 08.01.2006 because of heart attack, later the complainant approached the opposite parties many a time and addressed two letters but of no avail hence, the complaint.
2. The opposite parties filed version interalia admitted that the deceased was holder of policy as stated in the complaint and that the deceased was an employee in Canara Bank and that these opposite parties, asked for some information as the policy was one of salary savings and that the complainant paid two instalments through the salary and one directly and in the mean time the complainant addressed letters and filed this complaint hastily and that these opposite parties settled the claim and that the complainant is entitled to a tune of Rs.49,146/- after deducting the annual premium and that this Hon’ble Forum may be pleased to direct the complainant to come and receive the same. There is no deficiency in service and prayed to dismiss the complaint.
3. On behalf of the complainant the complainant herself filed an affidavit and got marked Exs.A1 to A8. On behalf of the opposite parties Sri Rayaprolu Mohan Rao, filed an affidavit and got marked Exs.B1 to B4.
4. Heard both the counsel.
5. Now the point that arises for consideration in this complaint are:
I) Whether there was deficiency in service on the part of the opposite parties? If so, the complainant is entitled for the amount as claimed?
II) To what relief the complainant is entitled?
6. Point No.1: As could be seen from the material on hand there is no dispute that the deceased purchased a policy bearing No. 673630785 vide Ex.A2 ofcourse, there s no dispute that the deceased died on 08.01.2006 vide Ex.A1 there after the complainant being the nominee addressed letters to the opposite parties vide Exs.A3 and A5 and those letters were received by the opposite parties under Exs.A4 and A6 but no reply that amounts to deficiency in service on the part of the opposite parties. That apart, the complainant also submitted claimant’s statement vide Ex.A7 and she also submitted identification certificate vide Ex.A8 as the efforts of the complainant became futile she approached this Forum for redressal.
After filing of the complaint i.e., to say after registering of the complaint notices were sent to the opposite parties then only the opposite parties rebutted through the learned standing counsel admitted the issuance of policy and mode of payment was salary savings so, the opposite parties accepted the risk by issuing policy and of course they have not denied, but there delay in settling the claim though, the complainant died in the year 2006 itself, but the learned standing counsel explained the reasons for delay that they enquired about the leave entitlement etc., from the employers but yet, the opposite parties have taken so much time so, the acts of the opposite parties made the complainant to approach this Forum but however, in the version and in the affidavit of the opposite parties they have settled the claim for Rs.49,146/- and are ready and willing to pay to the complainant though she claimed total amount of 01 Lakh but there are no such provisions in the policy and further the deceased only paid three instalments as such the deduction of some amount for the instalments has to be accepted and accepted, so offer of the opposite parties is acceptable and it is a bonafide one but yet there is some deficiency in service on the part of the opposite parties because of delay in settling the claim and accordingly this point is answered.
Point No.2: In the result the complaint is allowed and the opposite parties are directed to pay an amount of Rs.49,146/- (Rupees forty nine thousand one hundred and forty six) only to the complainant with interest at 9% p.a., from the date of settlement of claim till the date of payment and do pay Rs.1,000/- (Rupees one thousand) only towards costs. Rest of the claim if any claimed by the complainant is rejected. Time for compliance one month.