LAWS(KARCDRC)-2011-11-1

SUJATHA PRABHAKAR Vs. CHOLAMANDALAM DBS FINANCE LTD

Decided On November 24, 2011
Sujatha Prabhakar Appellant
V/S
CHOLAMANDALAM DBS FINANCE LTD Respondents

JUDGEMENT

(1.) THIS appeal is filed under Section 15 of the C.P. Act, 1986 by the complainants in complaint No. 169/2009 on the file of District Consumer Forum, Shimoga being aggrieved with the order dated 4.3.2010.

(2.) THE brief facts of the case are as under:

(3.) ON appearance Ops 1 to 3 filed the version denying all the allegations made by the complainant in toto. Of -course OPs 1 to 3 admitted the fact of complainant husband availing Rs.8,00,000. It is further stated that OPs 1 to 3 and 4 are distinct Institutions. As the OP4 covered the accidental risk, premium is paid out of the loan amount availed by the J. Prabhakar. The other allegations made by complainants are denied. According to them also they intimated the complainant when she approached them on 3.3.2009 that there is a delay in sending intimation to OP4 to settle the claim, somehow complainant requested them to forward the said claim, they forwarded it. No deficiency in service lies on their part. Accordingly OPs 1 to 3 prayed for dismissal of the complaint. OP4 filed the version contending that as per the terms and conditions of the policy the intimation about the accident, death, injury, etc. to be sent within 30 days, but complainants have not done so and violated the terms and conditions of the policy. They got the information only on 3.3.2009 though death occurred on 27.2.2008. There is no satisfactory explanation in submitting the claim after lapse of one year or so. There is violation of the terms and conditions of the policy. Hence, OP4 is justified in repudiating the claim. There is no deficiency in service as such on the part of OP4. Accordingly OP4 prayed for dismissal of the complaint.