M. THANIKACHALAM J. - (1.) The 1st opposite party is the appellant.
(2.) The complainants are the legal heirs of Mariappa Thevar. The 1st complainant and her husband Mariappa Thevar, were the members of the 1st opposite party society. Mariappa Thevar, had availed a loan facility of Rs.1,25,000/-, as per the proceedings of the 1st opposite party dt.4.5.1993, which was disbursed by two instalments. The amount should be repaid in monthly instalments, spread over for 10 years.
(3.) Mariappa Thevar died on 17.10.1998. Under the Group Insurance Scheme, after the death of Mariappa Thevar, the Opposite parties should have claimed the amount, from the insurance company, and adjusted the same towards the loan, which they failed, thereby causing deficiency, resulting issue of notice for which there was only false reply. Hence the complainants are constrained to file a case, to issue appropriate direction against the 1st opposite party, to recover the amount, from the Insurance Company, as well for the recovery of a sum of Rs.30000/- as damages, for mental agony, including cost of Rs.10000/-.;