Date of filing: 27.02.2018 Date of order : 09.10.2018
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
Tuesday, 10th day of October, 2018
CONSUMER COMPLAINT No. 11 / 2018
Rachamallu Savithramma,
W/o Late Surya Narayana Reddy,
Hindu, aged about 60 years, Housewife,
Residing at Ayyavaripalli Village,
Veerapunayunipalli Mandal,
Kadapa district. …. Complainant.
Vs.
1. Primary Agricultural Cooperative Society,
Rep. by its Secretary, Gaddamvaripalli PACS,
Ayyavarupalli Post, Veerapunayunipalli Mandal,
Kadapa District.
2. District Central Cooperative Bank Ld.,
Rep. by its General Manager, D.No. 2/52,
Near LIC Branch Office, Rly. Station Road,
Nagarajupeta, Kadapa City.
3. United India Insurance Co. Ltd., Rep. by its
Branch Manager, 7 Roads Branch, Kadapa.
(Amended as per orders in I.A. No. 35/2018,
dt. 16.5.2018). ….. Opposite Parties.
This complaint coming for final hearing on 27.9.2018 in the presence of Sri P. Jayarami Reddy, Advocate for complainant and Sri K.S. Sudharsan Reddy, Advocate for O.P.1 & 2 and O.P.3 called absent and set exparte on 10.7.2018 and upon perusing the material papers on record, the Forum made the following:-
O R D E R
(Per Smt. K. Sireesha, Member),
1. The complainant filed this complaint under section 12 of Consumer Protection Act, 1986 (for short herein after called as C.P. Act) to direct the opposite parties 1 to 3 pay the risk amount of Rs. 1,00,000/- from the date of accident with interest @ 24% p.a., to pay Rs. 25,000/- towards mental agony and Rs. 5,000/- towards costs of the complaint to the complainant.
2. The brief facts of the complaint are as follows:- The complainant’s husband was a member of O.P.1 bearing account No. is G.No. 187. The complainant’s husband had taken crop loan from O.P.1 in the year 2015. While taking loan O.P.1 has deduced the general insurance premium covered for Rs. 1,00,000/- for accidental risk. On 27.5.2015 the complainant’s husband was going on motorcycle bearing No. AP 04 S : 0049 he met with an accident near Rameswaram By-pass road. The son-in-law of the complainant lodged a complaint before the SHO Traffic P.S. Proddatur and the police registered a case in Crime No. 119/2015. The complainant informed the same to O.P.1 for settlement of the insurance amount. O.P.2 is the Head quarter of O.P.1 and 2 are tie-up with O.P.3 for insurance risk claim. O.P.2 informed he same to O.P.3 to settle the claim of the complainant. The complainant sent all relevant papers in settlement of the claim to O.P.3. The complainant sent a letter on 28.12.2017 to O.P.1 & 2 for settlement of the claim. But there is no response. Hence, the complaint.
3. Written version filed by O.P.2 and the same was adopted by O.P.1. It is true that the deceased took Janatha Insurance policy and after that he died on 27.5.2015 in a road accident. This O.P. addressed a letter to O.P.3 for settlement of the claim furnishing all documents. O.P.3 had not processed the claim. On 25.6.2018 this O.P.2 received a letter from O.P.3 along with cheque for Rs. 1,00,000/- and the same was sent to Gaddamvaripalli PACS to find out any arrears due by the deceased in respect of crop loan. After verification there was no due by the deceased and Rs. 1,00,000/- was credited into the account of the complainant on 02.7.2018. So there is no negligence on the part of O.Ps 1 & 2 and the complaint may be dismissed.
4. Opposite party No. 3 called absent and set exparte on 10.07.2018.
5. On behalf of complainant Ex. A1 to A5 were marked. No documents are marked on behalf of opposite parties.
6. From the above averments the following points are settled for determination:-
- Whether the complainant is eligible for compensation as prayed by him or not ?
- Whether there is negligence or deficiency of service on the part of the Opposite parties or not ?
- To what relief ?
7. Point Nos. i and ii It is very clear from the complaint and documents filed by the complainant that the complainant’s husband was a member of PACS under Ex. A3. Exs. A1 & A2 clearly shows that the complainant’s husband died on 27.5.2015. After that the complainant had sent a letter to O.P.2 along with relevant documents for settlement of the accident insurance claim of her husband. But there was no reply from them. As stated in the written version filed by O.P.2 it is very clear that they had credited the amount of Rs. 1,00,000/- which is claim amount of the complainant’s husband on 02.7.2018 i.e. after filing of the complaint before the Hon’ble Forum. It clearly shows there was gross negligence and deficiency in service on behalf of O.P.3. So the complainant is eligible compensation as prayed by her.
8. Point No.iii:- In the result, the complaint is allowed, directing the opposite party No. 3 to pay interest @ 9% p.a. on the policy amount i.e. Rs. 1,00,000/- from the date of death of the deceased, pay Rs. 10,000/- (Rupees ten thousand only) towards mental agony and pay Rs. 5,000/- towards cost of the complaint, within 45 days of date of receipt of orders. Complaint against opposite parties 1 & 2 is dismissed.
Dictated to the Stenographer, transcribed by him, corrected and pronounced by us in the open forum, this the 09th day of October, 2018
MEMBER PRESIDENT
APPENDIX OF EVIDENCE
Witnesses examined.
Witnesses examined for the Complainant: NIL
Witnesses examined for the Opposite party: NIL
Exhibits marked for Complainant : -
Ex. A1 P/c of FIR in Cr.No. 119/2015 of Traffic P.S. Proddatur.
Ex. A2 P/c of postmortem certificate of R. Suryanarayana Reddy.
Ex. A3 P/c of SB A/c pass book of R. Suryanarayana Reddy.
Ex. A4 P/c of letter issued by complainant, dt. 13.12.2017.
Ex. A5 Postal receipts addressed to O.Ps.1 & 2 and ack. Of the O.P.1.
Exhibits marked on behalf of the Opposite parties
MEMBER PRESIDENT
Copy to :-
- Sri P. Jayarami Reddy, Advocate for complainant.
- Sri K.S. Sudarsan Reddy, Advocate for O.P 1 & 2.
- United India Insurance Co. Ltd., Rep. by its Branch Manager, 7 Roads Branch, Kadapa.
B.V.P
