BEFORE THE TELANGANA STATE CONSUMER DISPUTES REDRESSAL COMMISSION : HYDERABAD.

F.A.No. 577 OF 2022 AGAINST ORDERS IN C.C.184/2020 DISTRICT CONSUMER COMMISSION-I, HYDERABAD.

Between:

M/s National Insurance Co., Ltd, Registered & Head office, 3, Middleton Street, Post Box No.9229, Kolkata- 7000 071.

………..Appellant/ Opposite Party And:

M.Swaroopa, W/o Late Ganghadhar, Aged : 35 years, Occupation : Housewife, R/o Amban Village, Varni Mandal, Nizamabad Dt., Telangana 503 235.

………Respondent/ Complainant Counsel for the Appellant/ Opposite Party : M/s G.Koteswara Rao For the Respondent/ Complainant : Called absent QUORUM :

HON’BLE SMT. JUSTICE DR.G.RADHA RANI, PRESIDENT HON’BLE SMT. MEENA RAMANATHAN, MEMBER – (NJ)

WEDNESDAY, THE 11th DAY OF FEBRUARY TWO THOUSAND TWENTY SIX *******

Order :

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

1. The appeal is filed u/s 41 of Consumer Protection Act, 2019 by the Opposite Party, aggrieved by the order of District Consumer Commission-I, Hyderabad, dated 05.10.2021 in CC 184/2020 and prays this Commission to allow the appeal by setting aside the order of the Commission below and may be pleased to pass such other order or orders which may deem fit and proper in the interest of justice.

2. The brief averments of the complaint are that the complainant is wife and nominee of deceased M.Ganghadhar, who was a Member of Telangana Rastra Samithi Political Party, Hyderabad. They had provided a Group Personal Accident Insurance Scheme to their party members from opposite party vide Master Policy Number 604800421610000019 and assured an amount of Rs.2,00,000/- for each party member. On 31.07.2016 at about 17:00 hours, the complainant’s husband after completion of work, he left to Varni to purchase a mobile phone, later he returned to Amban Village on 01.08.2016, he consumed toddy and went to nature’s call at Paspu Vaagu of Mavandi Kalan Villagte sivar, while washing in the water, due to over flow of water he accidentally slipped in the vaagu and died. The police Bhodhan has registered a case in Crime No.312/2016 u/s 174 of Cr.P.C. took up the investigation. After the investigation, they have filed the final report before the Tahasildhar, Bhodhan and treated the case as Accidental death due to drowning. After the death of her husband, the complainant approached the Telangana Rastra Samithi, Telangana Bhavan, Hyderabad and submitted claim intimation and necessary documents for settlement of Group Personal Accident claim of deceased Ganghadhar. They sent the claim intimation of complainant to the opposite party office for settlement of Group Personal Accident Claim of deceased Ganghadhar. After gap of 06 months, on 15.09.2017 they sent a claim repudiation letter of the complainant’s husband and others to Telangana Rastra Samithi, Telangana Bhavan, Hyderabad stating a false reason that “Annexure I detail the claims which have been repudiated as per the exclusion clause under policy condition No. 5.1 to 5.10.” Vexed, the complainant approached the Consumer Forum for legal remedy against the opposite party. The complainant has suffered irreparable loss due to the negligent acts of the opposite party. They failed to settle the claim of the complainant, as such there is a deficiency of service on the part of the opposite party.

Hence, the complaint.

3. The opposite party has filed the written version stating that the complaint is neither maintainable in law nor on facts, denied all the allegations made in the complaint except those that are specifically admitted hereunder and the complainant has put to strict proof of the same. It is denied that the complainant is the wife and nominee of deceased by name M.Ganghadhar. The District Forum has no territorial jurisdiction to entertain the complaint on the ground that the cause of action arose at Amban Village, Varni Manda, Nizamabad District which is outside of the District Forum and the correspondence Branch office is also at Bengaluru.

4. The opposite party has issued a