BEFORE THE TELANGANA STATE CONSUMER DISPUTES REDRESSAL COMMISSION:HYDERABAD (ADDITIONAL BENCH)

FA. No. 262/2019 AGAINST ORDERS IN CC. No. 34/2017 ON THE FILE OF DISTRICT CONSUMER FORUM, KHAMMAM Between :

1. The Cholamandalam Ms General Insurance Ltd., Rep by its Branch Manager, E.Bayyaram Village & Mandal, Bhadradri Kothagudem District.

2.The Cholamandalam MS General Insurance Ltd., Rep. by its Manager, Main Branch, R/o Hari Nivas Towers, 2nd Floor, 163, Thambu Setty Street, Parry’s corner, Chennai, Through Legal Manager, S.R. Arcade Parklane, Secunderabad.

…..Appellants/Opposite parties.

And Nagireddy Upendra W/o. Late Mallaiah, Aged 44 yrs Occ: Household, R/o Gaddigudem Village, Pinapaka Mandal, Bhadradri Kothagudem District.

…Respondent/Complainant.

Counsel for the Appellants/Opposite parties: M/s. S.Sravan Kumar Counsel for the Respondent/Complainant : Sri. P. Sanjay Kumar QUORUM: Hon’ble Sri K.Ranga Rao - Presiding Officer-

Member- (Judicial).

&

Hon’ble Smt.R.S.Rajeshree, Member (Non Judicial).

TUESDAY THE EIGHT DAY OF OCTOBER , TWO THOUSAND TWENTY FOUR *****

Order : (Per Hon’ble Sri K.Ranga Rao- Presiding Officer-

Member - (Judicial).

1. This Appeal is filed by the Appellants/Opposite parties 1 and 2 Insurance Companies namely Cholamandalam MS General Insurance Limited U/s.15 of the Consumer Protection Act, 1986, praying this State Commission to allow the appeal and to set aside the impugned order of the District Forum, Khammam, passed in CC. No.34/2017 dt.18.03.2019 and consequently to dismiss the complaint.

2. For the sake of convenience, the parties are referred to as arrayed in the complaint. The Appellants 1 and 2 herein, were Opposite Parties 1 and 2 and the Respondent in this appeal was the Complainant in CC 34/2017 before the District Forum Khammam.

3. The brief facts of complaint are as follows:-

The Complainant Nagireddy Upendra, is the wife of the deceased life assured Nagireddy Mallaiah, who died on 15.05.2016. During his life time the said Nagireddy Mallaiah / The deceased life assured obtained General Insurance Policy from opposite party No.1 for assured benefits amount of Rs.3,00,000/- vide policy No.2841/00176629/000/00 covered for the period from 26.02.2016 to 25.02.2017 after the death of the deceased the complainant being the wife and nominee of the deceased life assured submitted claim form with all required documents to opposite party No.1 for the assured amounts under the policy but the opposite parties postpone the matter without settling the claim on one pretext or the other. Finally on 23.11.2016 opposite party No.1 issued a notice to the complainant with false allegations stating that the terms of the policy was violated by the deceased life assured as such the opposite party Insurance Company is not liable to pay any compensation/assured benefits amount under the policy to the complainant, with a malafide intention so as to avoid her claim. The act of opposite parties of refusing to pay the claim amount caused a lot of mental agony to the complainant and same amounts to deficiency of service on the part of opposite parties hence she filed the complaint seeking the reliefs mentioned in it.

4. The opposite parties 1 and 2 filed the written version/counter denying all the allegations of complaint except those that are specifically admitted by them. They submitted that the complainant is wife of Nagireddy Mallaiah and resident of Gaddigudem Village of Pinapaka Mandal, Bhadradri Kothagudem District (Khammam District) During his life time of the said N.Mallaiah had taken General Insurance Policy for assured benefits of Rs.3,00,000/- vide policy No.2841/00176629/000/00 from opposite party No.1 and the policy covers the period from 26.02.2016 to 25.02.2017. They further submit that on perusal of claim documents which are submitted by the complainant, it is observed that the deceased Mallaiah on 10.05.2016 was proceeding on his motor cycle and when he reached Gaddampalli, his lost control over the motor cycle and fell d