BEFORE THE TELANGANA STATE CONSUMER DISPUTES REDRESSAL COMMISSION : HYDERABAD.

F.A.No. 729 OF 2021 AGAINST ORDERS IN C.C.11/2020 DISTRICT CONSUMER COMMISSION, WARANGAL Between:

LIC of India, Rep. by its Branch Manager, 1^st Floor, Prodduturi Complex, Main Road, Hanmakonda, Warangal, Telangna, Through its Authorized Signatory K.V.S.S.R.Krishna Kumar, S/o Veereswara Sastry, Asst. Secretary, Legal and HPF Department, LIC of India, South Central Zonal Office.

………..Appellant/ Opposite Party And:

Vootla Rama Sudhakar Rao, S/o Late Ramachandra, Aged : 80 years, Occ.: Retired Govt. Teacher, R/o H.No.2-4-802, Nakkalagutta, Hanamkonda, Warangal (Urban) Dist.-506001. ………Respondent/ Complainant Counsel for the Appellant/ Opposite Party : M/s. K.Venkatesh Gupta Counsel for the Respondent/Complainant : Sri G. Rajendra Prasad HON’BLE SMT. JUSTICE DR.G.RADHA RANI, PRESIDENT HON’BLE SMT. MEENA RAMANATHAN, MEMBER – (NJ)

MONDAY, THE 09th DAY OF FEBRUARY TWO THOUSAND TWENTY SIX *******

Order :

PER HON’BLE SMT. MEENA RAMANATHAN, MEMBER (NON-JUDICIAL)

1. The appeal is filed u/s 15 of Consumer Protection Act, 1986 by the Opposite Party aggrieved by the order of District Consumer Commission, Warangal, dated 27.09.2021 in CC 11/2020 and prays this Commission to set aside the order of the Commission below and may be pleased to pass such other order or orders in the interest of justice.

2. The brief averments of the complaint are that the complainant is the father of the Vootla Ramachander, who died on 28.12.2017. The said Ramachander, during his lifetime obtained policy, bearing No.689435139 for a sum assured Rs.2,00,000/-, under table and term 149-57 with a half yearly premium of Rs.6,097/- proposal dated on 30.12.2013 and commenced on 28.12.2013, Branch Code is 664 (under LIC’s Jeevan with profits) from the opposite party showing the complainant as nominee. After the death of the Ramachander, the complainant being the nominee, he submitted claim form on 15.03.2019 with the opposite party by furnishing all the required documents, but the opposite party failed to honour the claim. The complainant visited the office of the opposite party and made several requests, but in vain. On account of non-settlement of the claim, the complainant is put to lot of inconvenience, agony, pain and hardship, both mentally and monetarily. The complainant being an aged person was unable to visit the office of opposite party. As such the complainant is claiming further amount as damages for the deficient services rendered, acting negligently and resorting to unfair trade practice. Hence, the complaint.

3. The opposite party filed their written version stating that one Vootla Rama Chander had taken the LIC Jeevan Anand Policy (with profits), bearing No.689435139 for a sum assured Rs.2,00,000/-, Plan premium paying term 149-21 and date of commencement is 28.12.2013, half yearly premium is Rs.6,097 and the nominee is V.R.Sudhakar Rao, (Father), from them. It is further submitted that as per the intimation received, the life assured died on 28.12.2017 and the said policy was in “Paid Up Condition” as on the date of death of the policy holder. They are relying on clause 2 of the Conditions and Privilege’s, “Á grace period of one month but not less than 30 days will be allowed for payment of yearly, half yearly or quarterly premiums and 15 days for monthly premiums. If death occurs within the period and before the payment of the premium then due, the policy will still be valid and the sum assured paid after deduction of the said premium as also unpaid premiums falling due before the next anniversary of the policy. If the premium is not paid before the expiry of the day of grace, the policy lapses…………………”

4. It is further submitted that the history of premium transaction is submitted in descending order. The life insurance protection is purchased by the policy holder for a duly specified period i.e. half- yearly, which covers the risk till 23 hrs. 59 minutes, 59 seconds of the day of 27.06.