IN THE CIRCUIT BENCH OF THE TAMILNADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION, MADURAI.

Present: THIRU.N. RAJASEKAR, PRESIDING JUDICIAL MEMBER F.A.No.91/2014 (Against the order made in C.C.No.26/2013 dated 05.12.2013 on the file of the District Forum, Tirunelveli.)

MONDAY, THE 28^th DAY OF FEBRUARY 2022 The Branch Manager, M/s.Bajaj Allianz Life Insurance Company Limited, Trivandrum Road, Palayamkottai, Tirunelveli 627 002. Appellant/1^st Opposite Party -Vs-

1. Mr.Muthuramaligam, S/o Velayutham Nadar, 41, West Street, Shunmugapuram, Mahadevankulam Post, Tisayanvilai, Radhapuram Taluk, Tirunelveli District – 627 657. 1st Respondent/1st Complainant

2. Mr.V.Muthuraj Jeyaraman, S/o Velayutham Nadar, 41, West Street, Shunmugapuram, Mahadevankulam Post, Tisayanvilai, Radhapuram Taluk, Tirunelveli District – 627 657. 2nd Respondent/2nd Complainant

3. The Divisional Manager, Bajaj Allianz Life Insurance Company Limited, Policy Servicing Branch Office, S.L.S.Towers, 2nd Floor, No.68, Cherry Road, Hasthampatty, Salem – 636 007. 3rd Respondent/2nd opposite party

4. The Regional Manager, Bajaj Allianz Life Insurance Company Limited, Regd & Head Office, GF Plaza, Airport Road, Yerawada, Pune, Maharashtra – 411 006. 4th Respondent/3rd Opposite Party Counsel for Appellant/Opposite Party-1 : Mr.V.Sakthivel, Advocate.

Counsel for Respondents-1&2/Complainants-1&2 : M/s.Eddy Emboss, Advocate.

Counsel for Respondents-3&4/Opposite Parties-2&3 : Given-up.

This appeal coming before me for final hearing on 28.10.2021 and on perusing the material records, this Commission made the following:-

ORDER

THIRU.N. RAJASEKAR, PRESIDING JUDICIAL MEMBER.

1. This appeal has been filed by the appellant/1^st opposite party under section 15 read with section 17(1) (a) (ii) of the Consumer Protection Act, 1986 against the order of the learned District Forum, Tirunelveli made in C.C.No.26/2013, dated 05.12.2013, allowing the complaint.

2. For the sake of convenience and brevity, the parties are referred to here as they stood arrayed in the learned District Consumer Disputes Redresssal Forum, Tirunelveli.

3. The 1^st opposite party suffering by an order, directing them to pay the insured amount of Rs.5,00,000/- with interest at the rate of 6 % p.a. to the complainants from the date of the complaint and to pay a sum of Rs.5000/- towards compensation for the damages and mental agony caused and to pay a sum of Rs.3000/- towards cost to the complainants in the hands of the learned District Consumer Disputes Redressal Forum, Tirunelveli (hereinafter in short “District Forum”) have preferred this appeal before this Commission.

4. The case of the complaint is as follows:- The complainants submit that their father A.Velayutham Nadar, Son of Arupattu Moovar took Bajaj Allianz Regular Premium Policy from the first opposite party insurance company, situated at Trivandrum Road, Palayamkottai, Tirunelveli–2. The xerox copy of the insurance policy is produced herewith. The 2^nd opposite party is the policy servicing office situated at Salem and 3^rd opposite party is the Registered and Head Office situated at Pune. The complainants submit that the policy No. is 0137204062 and the date of commencement of the policy is 28-10-2009. The Minimum Death Benefit of the said policy is Rs.5,00,000/-. The complainants’ father has paid a sum of Rs.50,000/- towards the first instalment of the premium. The next premium date of the said policy is 28-10-2010. In the meanwhile, the complainants‟ father died on 09-10-2010. The xerox copy of the death certificate and the legal heir certificate are produced. The complainants submit that on the death of the Life Assured before the maturity date, the opposite parties insurance company is liable to pay the death benefit of Rs.5,00,000/- to the complainants. The complainants, after the death of their father, claimed the death benefit from the opposite parties. They have sent the original policy, death certificate, legal heir certificate, medical cause of death certificat