SENIOR BRANCH MANAGER Vs. MUDDA KAMALA FLAWRENCE

JUDGEMENT

(1.) The unsuccessful second opposite party in O. P. No.78/1997 on the file of the District Consumer Forum, West Godavari at Eluru is the appellant before this Commission. The facts in brief are that the complainant's husband, who was working in S. D. S. Junior College, Jangareddigudem, as a Junior Lecturer, died on 29.4.1996 in an accident. He joined the Group Insurance Scheme, which was a compulsory scheme. The claim filed by the complainant with the opposite parties for the insurance amount was delayed and not paid and, therefore, there is deficiency of service on their part. The complainant, therefore, approached the District Forum.

(2.) The first opposite party, the management of the college, filed written version alleging that the policy being the Group Insurance Policy linked with the salary, the premia are paid from time to time whenever the Government releases funds because the college is an aided college, and the salaries of its employees had to be paid as and when the grant is released by the Government.

(3.) The second opposite party filed its written version stating that there is no privity of contract between it and the complainant's husband and as per the proceedings of the Director of Higher Education dated 20.3.1989, the premia had to be paid by 20th of each month, and in this case, the premia for the months of 1/1996, 2/1996 and 3/1996 were paid on 30.4.1996 after the death of the insured and that by that time the policy had lapsed and, therefore, there is no question of revival of the policy after the death of the complainant's husband, and the second opposite party is not liable to pay the insured amount and there was no deficiency of service on its part.