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
Wednesday, 26th October 2016
CONSUMER COMPLAINT No. 26/ 2016
Venkata Lakshumma, W/o Late Adinarayana Reddy,
aged about 47 years, Hindu, House wife,
R/o S. Thimmapuram (V), (PO), Kondapuram (M),
Kadapa District. ….. Complainant.
Vs.
1. Primary Agriculture Cooperative Society Ltd., Rep. by its
Chief Executive Officer, Kondapuram (V), (Po), (M), Kadapa District.
2. The Kadapa District Cooperative Control Bank Ld.,
Rep. by its General Manager, R.S. Road, Kadapacity and District.
3. I.C.I.C.I Lombard General Insurance Co. Ltd., Rep. by its
Claims Manager, (ICICI Lombard Health care P.A. Claim),
I.C.I.C.I tower, Plot No. 12, Financial Dist. Nanakramguda,
Gachibowli, Hyderabad – 32. ….. Opposite parties
This complaint coming for final hearing on 24-10-2016 in the presence of Sri M. Ramanjaneya Reddy, Advocate for Complainant and Sri S. Chandrasekhar Rao, Advocate for O.P.1 & O.P.2 and Sri D. Rajasekhar Reddy, Advocate for O.P.3 and upon perusing the material papers on record, the Forum made the following:-
O R D E R
(Per V.C. Gunnaiah, President),
1. The complainant filed this complaint under section 12 of Consumer Protection Act 1986 (for short herein after called as C.P. Act) praying this forum to direct the Opposite parties 1 to 3 to pay Rs. 1,00,000/- to the Complainant with interest @ 9% p.a. from 6-8-2012 till the date of deposit and to pay Rs. 50,000/- towards mental agony and Rs. 15,000/- towards costs of the complaint.
2. The averments of the complaint in brief are that the Complainant is the wife of one Late Linga Reddy @ Lingi Reddy Adinarayana Reddy, who was a member in O.P.1 society till 2020. The deceased Linga Reddy @ Lingi Reddy Adinarayana Reddy availed agriculture loan from O.P.1 society and O.P.1 & O.P.2 collected premium and O.P.3 issued Janatha Accidental Group Insurance policy bearing No. 4012167589186/00/000 on 31-10-2011 which was in force till 30-10-2012 covering accidental death risk for policy holders i.e. deceased for an amount of Rs. 1,00,000/-. The original policy is in the custody of O.P.2 since it is a group insurance policy.
3. While so, on 6-8-2012 at about 5.15 p.m while the Complainant’s husband was going on cycle to his village, one Indica car bearing No. AP 02 R : 0117 dashed him and caused grievous injuries and on the way to Govt. Hospital, Tadipatri he died. A case in Cr. No. 32/2012 under section 304 – A IPC was registered by Kondapuram Police station against the car driver and later laid charge sheet. After death of the Complainant’s husband the Complainant approached the Opposite parties by submitting all the documents for payment of Rs. 1,00,000/- accidental death benefit. The Opposite parties have deliberately evaded their liability to pay the amount and thus caused mental agony to the Complainant. Since the Opposite parties failed to pay the amount to the Complainant there is deficiency of service on their part. Hence, the complaint for the above reliefs.
4. Opposite parties 1 & 2 filed common written version admitting the deceased availed agriculture loan from their society and paid premium under Janatha Accidental group insurance policy with O.P.3 and subsequently he died in the accident as pleaded by the Complainant and they forwarded all the documents to O.P.3 for payment of compensation but not paid the same. The claim of Complainant is genuine. However, there is no deficiency of service on their part and no negligence. Hence, the Complaint against them is liable to be dismissed.
5. Opposite party No. 3 filed counter denying the allegations and called upon the Complainant to prove all of them. It is further averred the claim of Complainant was not repudiated till date as the Complainant not submitted some documents which are required by O.P.3. The Complainant has to intimate the death of the deceased within 30 days. There was no deficiency of service on the part of O.P.3. The deceased himself exposed to the danger and was not caring his life. Therefore, the complaint is liable to be dismissed.
6. On the basis of the above pleadings the following points are settled for determination.
- Whether the complainant is entitled for the reliefs as prayed against the Opposite parties 1 to 3?
- To what relief?
7. No oral evidence has been let in by the parties. But on behalf of the complainant Exs. A1 to A5 documents are marked. However, no documents are filed by the Opposite parties 1 to 3.
8. Heard arguments on both.
9. Point No. 1. Though the Opposite parties 1 to 3 filed counter denying their liability to pay policy amount and compensation as claimed by the Complainant by filing written versions and sought for dismissal of the complaint, However, during arguments the parties filed joint memo on behalf of Complainant and O.P.3 stating that O.P.3 has settled this claim matter with Complainant to pay Rs. 1,00,000/- towards claim of the Complainant but without costs and interest and the Complainant also agreed to receive the same and they requested this forum to pass order to that effect. The Complainant counsel reported no objection to direct the O.P.3 to pay Rs. 1,00,000/- to the Complainant without costs and interest towards reliefs claimed by the Complainant in the complaint. Therefore, in view of circumstances the memo is recorded to pass order in terms of joint memo filed by O.P.3 and Complainant. Hence, in view of the above reasons there is no need to go in to merits of the case and discuss about the pleas of parties, as O.P.3 is intended to suffer order / decree for an amount of Rs. 1,00,000/- to pay the same to the Complainant towards claim of her in the complaint. We recorded the memo to direct the O.P.3 to pay Rs. 1,00,000/- towards claim of Complainant in this case. Accordingly, the point is answered.
10. Point No. 2. In the result, the Complaint is allowed, directing the O.P.3 to pay Rs. 1,00,000/- (Rupees one lakh only) towards claim of Complainant, within 45 days from the date of receipt of this order, failing which the above amount shall carry interest @ 12% p.a. till realization. But in the circumstances without costs. The complaint against O.Ps 1 & 2 is dismissed without costs.
Dictated to the Stenographer, transcribed by him, corrected and pronounced by us in the open forum, this the 26th October 2016
MEMBER PRESIDENT
APPENDIX OF EVIDENCE
Witnesses examined.
For Complainant: NIL For Respondent : NIL
Exhibits marked for Complainant : -
Ex: A1 P/c of F.I.R. in Crime No.32/2012 of P.S. Kondapuram. dt.06-8-2012.
Ex: A2 P/c of Inquest Report Dt. 7-8-2012.
Ex: A3 P/c of P.M.C. Dt. 7-8-2012.
Ex: A4 P/c of Charge Sheet dt. Nil.
Ex: A5 P/c of death certificate of the deceased dt. 22-8-2012.
Ex: A6 P/c of Family Member certificate dt. 10-9-2012 issued by Tahsildhar,
Kondapuram.
Ex: A7 P/c of letter to opposite party no.2 addressed by the complainant dt. Nil.
Ex: A8 P/c of letter to opposite party No.2 by opposite party No.1 dt. Nil.
Ex: A9 P/c of covering letter dt.05-11-2012 from opposite party No.2 to opposite party No.3 along with claim form personal accident insurance.
Ex: A10 P/c of indemnity cum declaration undertaking given by the complainant
dt.01-03-2014.
Ex: A11 P/c of consent letter by all the legal heirs of the deceased dt.01-03-2014.
Ex: A12 original letter dt.01-04-2015 sent to opposite party No.3 by the complainant (one f the original retained by the complainant).
Ex: A13 P/c of letter dt.21-04-2014 from O.P.2 and O.P.3.
Ex: A14 P/c of letter dt.30-06-2014 to from O.P.2 and O.P.3 along with NEFT
details form.
Ex: A15 P/c of mails in 2 pages dt.03-04-2015.
Exhibits marked on behalf of the Respondents : -
MEMBER PRESIDENT
Copy to
- Sri M. Ramanjaneya Reddy, Advocate for Complainant
- Sri S. Chandra Sekhar Rao, Advocate for O.P.1 & 2.
- Sri D. Rajasekhar Reddy, Advocate for O.P.3.
B.V.P
