Date of Filing: 05.12.2016
Date of Order: 17.07.2019
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM – I, HYDERABAD
P r e s e n t
HON’BLE Sri P.VIJENDER, B.Sc. L.L.B. PRESIDENT.
HON’BLE Smt. D.NIRMALA, B.Com., L.L.B., MEMBER
ON THIS THE WEDNESDAY THE 17th DAY OF JULY, 2019
C.C.No.46 /2017
Between
Sri Ashok Kumar Kimtee,
S/o. Late S.R.Kimtee,
Aged about 67 Years(Senior citizen),
R/o.8-2-686/K/5, Asha Mahal,
Road No.12, Banjara Hills, Hyderabad
State of Telangana. ……Complainant
And
- Life Insurance Corporation of India,
The Divisional Manager,
Jeevan Prakash, Hyderabad Division,
Hyderabad – 500 063.
- Life Insurance Corporation of India,
Rep.by Senior Divisional Manager and
1st Appellate Authority, LIC of India – D-O,
Saifabad, Hyderabad – 63.
- Life Insurance Corporation of India,
CRM Department, Divisional Office,
Jeevan Prakash, Hyderabad – 500 063. ….Opposite Parties.
Counsel for the complainants : Sri D. Amarnath Reddy
Counsel for the Opposite Party : Sri Suri Sravan Kumar.
O R D E R
(By Sri. P. Vijender, B.Sc., LL.B., President on behalf of the bench)
1) This complaint has been preferred under Section 12 of the Consumer Protection Act, 1986 alleging that failure to furnish particulars of Insurance Policy bond bearing No.19636219 in the name of the complainant’s father and its status amounts to deficiency of service . Hence a direction to furnish the same and to award a sum of Rs.15,000/- as damages caused due to deficiency of service.
2) The complaints averments in brief are that:-
. Complainant’s father Mr.S.R.Kiimtee during his life time had obtained policy bearing No.19636219 paid premium’s and expired on 29.12.1991 due to old age. After his demise the complainant being legal heir succeeded to his movable and immovable properties.
While the matters stood in the month of September, 2015 the complainant while searching for some papers noticed a letter addressed by opposite party No.1 on 22.3.1975 and after going through it he come to know about the policy of his father mentioned above. But the complainant could not trace out policy bonds and receipts for payment of premium. Hence he addressed a letter to opposite party No.1 on 30.9.2015 under Right to Information Act to furnish status of said policy and the procedure for withdrawal of the maturity amount payable to his father till his demise. A reply dated 15.10.2015 was received from opposite party No.1 stating that it was not having any data relating to said policy. Having not satisfied with the information received from opposite party the complainant filed an appeal under RTI before opposite party No.2 on 29.10.2015 for the same relief. A reply dated 25.11.2015 was received from opposite party No.2 stating that the information relating to the above said policy is not available and it shows their irresponsible attitude of the respondents 1 and 2 in maintaining records of its policy holders. The opposite parties by their irresponsible attitude have caused mental agony to the complainant. Hence he constrained to file the present complaint for the above stated reliefs.
3) A common written version has been filed for the opposite parties admitting about the letters filed by the complainant under Right to Information Act and reply submitted to the same but denied the allegations of irresponsible attitude for the subject matter. The contest set out in the counter is that the complainant failed to file documentary proof for his claim of legal heir of late S R Kimtee and succeeded to his estate. The complainant filed application on 30.9.2015 under RTA before opposite party No.1 seeking information about the status of policy No.196362129 and reply was given informing that opposite party is not having any data for the said policy . Then the complainant filed first appeal before the opposite party No.2 on 25.11.2015 same was disposed stating that the information called for was not available and up-held the earlier findings of opposite party No.1. The complainant was informed that he can prefer 2nd appeal within 90 days before opposite party No.2., and instead of that the complainant approached this Forum with present complaint with false allegations..
The information sought by the complainant pertains to the year 1975 i.e. 40 years old. The opposite parties are not having any record pertaining to policy referred by the complainant and if they had any information they would have furnished at the earliest to the complainant. Hence the complaint is liable to be dismissed.
4) In the enquiry the complainant got filed his evidence affidavit reiterating the material facts of the complaint. He also got exhibited Xerox copy of letter dt.22.3.1975 addressed by Divisional Manager, LIC office, Secretariat Road, asking Late S R Kimtee to furnish his age proof with necessary certificate, copy of letter addressed by complainant to opposite party No.1 and reply there to , Orders in the appeal and certificate of death of his father as A1 to A8 documents. For the opposite parties the evidence affidavit of one Sri SSSS Krupa Prasad stated to be Manager and authorized signatory of opposite parties 1 to 3 is filed and substance of the same similar to the written version contest. The complainant also filed written arguments supplemented the same with oral submissions.
5) On a consideration of material on the record the following points have emerged for determination:
- Whether the complainant could make out the case of deficiency of service on the part of the opposite party ?
- Whether the complainant is entitled for reliefs prayed for in the complaint?.
- To what relief?
6) Point No.1: The facts narrated by the complainant are not in dispute. So also the facts narrated in the written version and evidence affidavit filed in support of the same. It appears the complainant has no personal knowledge of LIC Policy obtained by his father from opposite parties and only on seeing Exhibit A1 letter he came to know about the policy of his father but he is not aware of the nature of the policy the premium pai8d, and benefits accrued to policy holder. Hence he addressed a letters to opposite parties to furnish the details so as to enable him to file a claim as legal heir of policy holder Late S R Kiimtee. The only defense of the opposite partiers is they do not have any data relating to the policy referred by the complainant in his letter. As rightly contended by the opposite parties the information sought by the complainant relates to the year 1975 i.e. more than 40 years. It is difficult for any institution to furnish the data relating to file of 40 years old. The Exhibit A1 letter is dated 22.3.1975, and according to the Exhibit A7 death certificate of policy holder S.R.Kimtee died on 29.12.1991 and it shows he lived for 16 years after addressing of Exhibit A1 letter to him by the opposite parties and what happened to the policy in the life time of policy holder for these 16 years is not known even to the complainant himself. When the opposite parties are not having data relating to the subject policy they cannot be asked to produce the same. It is not as if though the data is available the opposite parties are not prepared to share it with the complainant, so as to allege\ deficiency of service on their part. Hence the point is answered against the complainant.
7) Point No.2:- In view of the findings the complainant is not entitled for any of the reliefs prayed for in the complaint. Accordingly the point is answered.
8) In the result, the complaint is dismissed. No order as to costs.
Dictated to steno , transcribed and typed by her and pronounced by us on the 17th day of July, 2019.
MEMBER PRESIDENT
APPENDIX OF EVIDENCE
WITNESS EXAMINED
NIL
Exhibits filed on behalf of the Complainant:
Ex.A1 – Letter issued by LIC dt. 22.3.1975
Ex.A2 – Letter addressed by the complainant to the O.P.1 dt. 30.9.2015.
Ex.A3 – Letter addressed by the opposite party No.3to the complainant
dt. 15.10.2015
Ex.A4 – Letter addressed by the complainant dt.29.10.2015 to opposite party
No.2.
Ex.A5 – Letter addressed by the opposite party No.2 dt.. 25.11.2015
Ex.A6 – Letter addressed by the Opposite party No.3 dt.27.11.2015.
Ex.A7 – Certificate of death
Ex.A8 – Copy of Aadhar card.
Exhibits filed on behalf of the Opposite parties:
Nil
MEMBER PRESIDENT
