GENERAL MANAGER, KERALA STATE FINANCIAL ENTERPRISES LTD. Vs. RAMANI PRABHAKARAN
KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION
General Manager, Kerala State Financial Enterprises Ltd.
Click here to view full judgement.
M.V.VISWANATHAN, JUDICIAL MEMBER -
(1.) APPELLANTS were the opposite
parties and respondents were the complainants in CC 138 of 2006 on the
file of CDRF, Kottayam. The complaint was filed alleging deficiency of
service on the part of the opposite parties in not allowing the benefit
under the Liability Waiver Scheme to the complainants being the legal
heirs of the deceased chitty subscriber, Prabhakaran who joined in the
chitty No.5/04 as chital No.47 with sala of Rs. 1,00,000 and the said
chitty was prized in his name on 4.10.2004 and the prized chitty amount
was put in FD on 5.11.2004. The complainants have also alleged deficiency
of service on the part of the opposite parties in not allowing the
insurance benefits under the aforesaid Liability Waiver Scheme.
(2.) THE opposite parties entered appearance and filed written version denying the alleged deficiency of service. They contended that
the subscriber, Prabhakaran was not entitled for the benefit under the
Liability Waiver Scheme because of the fact that the subscriber had
exceed 65 years of age on the date of termination of the aforesaid chitty
No.5/04. The opposite parties relied on the circular No.68/05 (PLG) dated
11.5.2005 and pointed out clause 3 of the aforesaid circular debarring the subscribers who should exceed 65 years of age on the date of
termination of the chitty. The opposite parties further contended that
there was no insurance scheme entitling the subscriber or his legal heirs
to get any insurance amount. Thus, the opposite parties prayed for
dismissal of the complaint in CC138/06.
(3.) BEFORE the Forum below Exs.A1 to A6 and B1 to B7 documents were produced and marked on the side of the parties to the said complaint.
Both the parties have also filed proof affidavits in lieu of examination
in chief. On an appreciation of the evidence on record, the Forum below
passed the impugned order dated 29th August 2008 allowing the complaint
and directing the opposite party/KSEF Ltd. to waive the balance amount
with regard to the chitty of late Prabhakaran and also to give the
insurance amount under the said scheme with further direction to pay cost
of Rs.2,000 to the complainants. Hence the present appeal.
When this appeal was taken up for final hearing there was no representation for the respondents/complainants. We heard the learned
counsel for the appellants/opposite parties. He submitted his arguments
based on the grounds urged in the memorandum of the present appeal. He
much relied on clause 3 of the B4 circular No.68/05 dated 11.5.2005 and
submitted that the subscriber/deceased Prabhakaran was not eligible to
get the benefit under the Liability Waiver Scheme. It is further
submitted, no insurance scheme was introduced other than the Liability
Waiver Scheme and that no insurance amount was due to the subscriber or
the legal heirs of the subscriber under the aforesaid Liability Waiver
Scheme. Thus, the appellants prayed for setting aside the impugned order
passed by the Forum below.;
Copyright © Regent Computronics Pvt.Ltd.