BEFORE THE HON’BLE CHAIRPERSON, DISTRICT CONSUMER DISPUTE

REDRESSAL COMMISSION, BEED

Complaint No. 92/2023

Applicant Rani w/o Kamalakar Giri,

Age 37, Occupation -Housewife and Business,
r/a Mahajanwadi, Tal. and Dist. Beed

VERSUS

Respondent 1. Branch Manager/Administrator/Manager,

IFFCO Tokio General Insurance Company Ltd.
Branch-Ahmednagar, Tal. Dist. Ahmednagar

2. Tejas Urban Multi Fund Ltd.,

Pranav Estate, Opposite Pragati Vidyalaya,
Beed, Tal. Dist. Beed
Through
Branch Manager, Sachin s/o Chhagan Ghige,
Age-29 years, Occupation-Job,
r/a. Pranav Estate, Opposite Pragati Vidyalaya,
Beed, Tal. Dist. Beed

Application: Regarding getting compensation for breach of service.

Application Evaluation: The application has been evaluated for a fee of Rs. /-.
As per government regulations, court fees are waived for
this application.

Respected,

The complainant is filing an application as follows.

1. In other words, Respondent No. 1 is employed as a manager at IFFCO Tokio

General Insurance Company Ltd. Respondent No. 1's insurance company
provides insurance coverage for individuals or groups by collecting
premiums from policyholders on a regular basis and underwriting the risks of
policyholders for a fixed term. In the event of the death of a policyholder due
to an accident or a specific cause, the company pays money to the
policyholder's family/legal heirs in accordance with the terms of the policy.
 Respondent No. 1 has been appointed as the branch manager of Ahmednagar
district by the company. Furthermore, Respondent No. 2 is a company
registered under the Companies Act, 2013, with registration number
U65999MH2020PLN352258. Respondent No. 2 company conducts all its
transactions in accordance with the prevailing laws. Respondent No. 2
company accepts deposits from depositors and provides loans to needy
members or nominal members.

2. In other words, the complainant and her husband, Kamalakar P. Bhagwan

Giri, had taken a loan of Rs. 2,00,000/- (two lakh rupees) from Respondent
No. 2 on December 13, 2021 for their general stores business. The
complainant is the borrower and her husband is the co-borrower. As the
complainant and her husband took a loan from Respondent No. 2,
Respondent No. 2 had taken the complainant's husband's personal insurance
policy as security for the loan. The complainant and her deceased husband
have a loan account with Respondent No. 2, the account number of which is
21. For this, the deceased co-borrower Kamalakar Bhagwan Giri had
mortgaged the house property No. 202 in Village Mahajanwadi, Ta. Bhir,
which was in his name, to Respondent No. 2 institution and it is still
mortgaged.

3. In other words, Respondent No. 2 had taken out a personal insurance policy
for the complainant's husband, Kamalakar Bhagwan Giri, with Respondent
No. 1. The invoice number of the said policy is 1-255ECNAP Policy
No.54B61968 and the policy is valid from December 16, 2021 to December
15, 2022.

4. In other words, Respondent No. 2 has accepted the insurance premium

amount from the complainant and her deceased husband. If the complainant's
husband becomes disabled or dies during this valid period, an amount of Rs.
4,00,000/- (four lakh rupees) is payable to the complainant's husband's heirs
as legal heirs under the terms of the insurance contract. For this, the
insurance premium has been accepted by Respondent No. 1. This entire
guarantee and the related legal guarantee letter (insurance policy) has been
provided by the office of Respondent No. 1 in the right of the complainant's
husband.

5. In other words, on April 8, 2022, Respondent No. 2's co-worker and the
complainant's husband, Kamalakar Bhagwan Giri, were sleeping at the door
of their house in Village Mahajanwadi in their village. On the said day, at
 around 4 am, they were bitten by a snake while sleeping and were taken to
the Primary Health Center, Limbaganesh, Ta. Bhir by the people around. The
doctors there gave preliminary treatment to Kamalakar Giri and advised him
to take him to the Government Hospital in Bhir for further treatment.
However, the complainant's husband died unfortunately on the way to Bhir
for treatment. As a result, the complainant's husband Kamalakar Giri was not
autopsied. However, the doctors at Limbaganesh have given a reference letter
stating that his death was due to an unknown bite / bite of something. Also,
the complainant herself saw that her husband Kamalakar Giri was bitten by a
snake. Therefore, the complainant's husband died due to snakebite.

6. In other words, the complainant's son went to the Limbaganesh police station
on April 9, 2022 to lodge a complaint about the death of the complainant's
husband due to snakebite. However, the police did not register the complaint.
As a result, after the completion of the complainant's husband's funeral rites,
the complainant filed an application with the Superintendent of Police, Bhir,
requesting him to order the Neknoor police to register an accidental death
case and investigate the incident by visiting the scene of the crime.

7. In other words, on May 14, 2022, the complainant filed an application with
Respondent No. 2 for the payment of the insurance amount as per the
insurance policy after her husband's death. At that time, Respondent No. 2
told her that the insurance amount would be paid to her soon and that they
were taking further action.

8. In other words, the complainant was informed by Respondent No. 2 that they
had accepted the insurance claim with Respondent No. 1 and that a proposal
for payment of the death claim amount of Rs. 4,00,000/- as per the insurance
contract, along with all the necessary documents, had been submitted to the
office of Respondent No. 1 by Respondent No. 2 through the complainant.
The complainant has repeatedly met with Respondent Nos. 1 and 2 in person
to inquire about the payment of the compensation, but the complainant has
not yet been paid the Rs. 4,00,000/- as per the legal guarantee in the
insurance policy.

9. In other words, the complainant has suffered mental, physical, and financial
distress due to the actions of Respondents No. 1 and 2. They have also been
negligent in their service and have treated the complainant poorly as a
customer.
10. In other words, finally on April 3, 2023, the complainant sent a notice
through her lawyer to Respondents No. 1 and 2, informing them that
Respondents No. 1 and 2 should pay the amount of Rs. 4,00,000/- (four lakh
rupees) under the deceased husband's personal insurance policy of the
complainant, as well as an amount of Rs. 50,000/- for the financial, mental
and physical distress caused, a total of Rs. 4,50,000/- (four lakh fifty
thousand rupees) within 15 days of receipt of the notice, otherwise the
complainant will take legal action against the Respondents in a competent
court of law and the Respondents shall be solely responsible for all the
consequences and costs arising out of such situation. It is noted that even
though the said notice was received by Respondents No. 1 and 2, they have
not paid any compensation to the complainant and have not even replied to
the notice. Therefore, the complainant was compelled to file the present
complaint before the Hon'ble Commission, which is still pending.

11. The complainant is entitled and has the right to receive compensation of Rs.
4,65,000/- (four lakh sixty-five thousand rupees) from the opposite parties
No. 1 and 2, as follows:

The amount as per the insurance INR 4,00,000/-

policy for the death of the
complainant's husband/co-borrower
Kamalaakar Giri:

Mental distress and pain: INR 50,000/-

Notice expenses: INR 5,000/-

Complaint application expenses: INR 10,000/-

Total: INR 4,65,000/-

As per the above, the complainant is entitled and has the right to receive
compensation of INR 4,65,000/- (four lakh sixty-five thousand rupees) from
Respondent Nos. 1 and 2.

12. In other words, the complainant resides within the jurisdiction of the Hon'ble
Commission, and the incident also occurred within the jurisdiction of the
Hon'ble Commission. Therefore, the Hon'ble Commission has the authority
to entertain the present complaint.
13. In other words, the complainant has valued his complaint at INR 4,65,000/-
(four lakh sixty-five thousand rupees), and as per government decision, court
fees are waived on this amount.

PRAYERS

1. The complainant's complaint should be allowed with costs.

2. The Respondents No. 1 and 2 should be directed to pay the

compensation amount of INR 4,65,000/- (four lakh
sixty-five thousand rupees) to the complainant, as described
by the complainant in paragraph 11 of the application.

3. The Respondents should be directed to pay interest at the

rate of 9% per annum from the date of filing the complaint
to the complainant till the realization of the compensation
amount.

4. Such other and further orders as may be deemed just and

equitable in the interest of the complainant should be
passed.

Beed

Dated: /04/2023

Rani w/o Kamalakar Giri,

I, the complainant, do solemnly affirm and state on oath that the entire
contents of the above complaint application are true and correct to the best of my
knowledge and belief.

Beed

Dated: /04/2023

Rani w/o Kamalakar Giri,

Through,
Adv. D. G. Bhagat, Beed