BEFORE THE TELANGANA STATE CONSUMER DISPUTES REDRESSAL COMMISSION: HYDERABAD.

C.C.No.262 OF 2018 Between:

M/s. Aparna Constructions & Estates Pvt. Ltd., having its Regd. Office at #802, D.No.6-3-352/2 & 3, Astral Heights, Road No.1, Banjara Hills, Hyderabad – 500034, Rep. by its Authorized Signatory, Mr. R. Rama Krishna, Vice President (HR).

… Complainant And

1. The Oriental Insurance Co. Ltd., H.No.6-1-349, Padmarao Nagar, Adjacent to Naivedyam Hotel, Secunderabad – 500025, Rep. by its Manager.

2. The Oriental Insurance Co. Ltd., Regional Office: 6-3-871, Snehalatha, PB No.45, Greenlands Road, Begumpet, Hyderabad – 500016, Rep. by its Regional Manager.

3. The Oriental Insurance Co. Ltd., Divisional Office-1, Oasis Plaza, 3rd Floor, Tilak Road, Abids, Hyderabad, Rep. by its Divisional Manager.

4. The Oriental Insurance Co. Ltd., Regd. Office at Oriental House, A-25/27, Asaf Ali Road, New Delhi – 110002.

…Opposite parties Counsel for the Complainants : M/s. K.V. Shiva Kumar Counsel for the Opposite Parties : M/s. Alluri Krishnam Raju QUORUM: HON’BLE SRI K.RANGA RAO - PRESIDING OFFICER-

MEMBER - (JUDICIAL)

&

HON’BLE SMT.R.S.RAJESHREE, MEMBER (NON JUDICIAL)

MONDAY, THE TWENTY NINETH DAY OF SEPTEMBER, TWO THOUSAND TWENTY FIVE

ORDER: (PER HON’BLE SMT. R.S. RAJESHREE, MEMBER, N-JUDICIAL)

1. This is a complaint filed by the Complainants U/s.17

of Consumer Protection Act,1986 on 28.11.2018 against the

Opposite Parties to direct them as follows:-

(i) To direct the Opposite Party to pay an amount of Rs.17,83,578/- (Rupees Seventeen Lakhs Eighty three thousand and Five hundred and Seventy eight Only) (i.e., Rs.7,98,378/- paid towards compensation to dependants of Late. Mr. V. Akhil + Rs.9,85,200/- which is interest on compensation paid @24% per annum from February, 2013 to September, 2018) along with interest @24% per annum from the date of filing of this complaint till the date of realization.

(ii) To direct the Opposite Party to pay an amount of Rs.5,00,000/- towards damages for the mental agony caused to Complainant due to the deficiency of the service on the part of Opposite Party.

(iii) To award costs of Rs.1,00,000/- of these proceedings.

(iv) And pass such other and further order or orders which the Hon’ble Forum may deem fit and proper in the circumstances of the case and in the interest of justice.

2. Brief facts of the case: The case of the Complainant is that it is into the business of constructing commercial complexes and residential buildings. That the Complainants takes care of its employees by providing all required essential amenities. During its course of the business the Complainant engages skilled and unskilled works from various contractors. That in spite of taking due care one of the other incident occurs at work site. Due to which the victims would suffer injuries or death in some cases, due to which the dependents of the victim face financial problems. As such, in order to protect the dependents of victims in case of any on toward incident. The Complainant had intended to take insurance policy to cover the risk. During that period the Opposite Party insurance company approached the complainant and explained about various policies and premium suitable for the Complainant company. The Complainant had taken various policies and renewed them from time to time and as when the Complainant had engaged contract employees the same was communicated to the Opposite Parties by sending the details. Upon which the Opposite Party would send the quotation and the premium payable and upon payment of such premium the policy would be renewed. The premium fixed by the Opposite Parties based on the wages payable to the workers. The Opposite Party had never supplied any hard copy of the terms and conditions and further there was neither any distinction in respect of premium amount on policy eruptive of whether the policy was obtained for regular employees or contract employees.

This being so on 24.09.2012 the Complainant had taken a policy bearing No.431100