BEFORE THE A.P.STATE CONSUMER DISPUTES REDRESSAL COMMISSION: HYDERABAD.
F.A.No.843/2013 against C.C.No.42/2013 District Forum, Guntur.
Between:
Andhra Bnk, Pattabhipuram Branch
Guntur Dist., rep. by its Branch
Manager. Appellant/O.P No.1.
And
- Gopu Venkata Rao S/o.Radha Krishna
R/o.D.No.1-3-6, Near Baburao Hospital
Gujjanagundla, Guntur-6. Respondent/
- The Asst.General Manager, Andhra
Bank, Customer Service Centre,
Zonal Office, G.T.Road,
D.No.22-21-26, Nagarampalem
(O.P. 2 is not necessary party to this
Appeal) Respondent/Opp.party 2.
Counsel for the Appellant: Mr.K.Sridhar Rau
Counsel for the Respondent:Mr.E.Panduranga Rao-R1
QUORUM: HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA, PRESIDENT.
AND
SRI R.LAKSHMINARASIMHA RAO, HON’BLE MEMBER.
WEDNESDAY, THE FOURTH DAY OF JUNE,
TWO THOUSAND FOURTEEN
Oral Order (As per Hon’ble Sri Justice GopalaKrishna Tamada, President)
***
The Manager, Andhra Bank Pattabhipuram branch, Guntur is the appellant and this appeal is directed against the order dated 19-7-2013 made in C.C.No.42/2013 on the file of District Forum, Guntur whereby the District Forum allowed the complaint filed by the respondent herein and directed the appellant herein to refund the insurance claim amount along with interest at 9% p.a. from the date of repudiation i.e. 12-12-2012 till the date of realization, together with compensation of Rs.3,000/- towards mental agony and costs of Rs.1,000/-.
The brief facts that led to the filing of the complaint by the respondent herein are that late Mangamma, the mother of the complainant, opened savings bank account bearing No.ABJ/01/20030018 under Abhaya Jeevan Scheme insurance coverage of Rs.1,00,000/- on 02-12-2003 with the appellant. In the light of the above, the appellant used to collect premium by deducting the premium directly from the account. Under the above scheme the account holder i.e. mother of the respondent herein is eligible for insurance in case of death caused accidentally or naturally.
On 01-9-2012 the mother of the respondent died due to illness and the said fact was brought to the notice of the appellant on 21-11-2012. The appellant informed the respondent stating that the account of his mother was converted into ordinary savings bank account on 31-5-2011 itself and as such the mother of the complainant is not entitled to any insurance amount. Despite the fact that the respondent issued notices and as there was no response from the appellant, the respondent approached the District Forum, Guntur and filed the complaint seeking directions to the appellants to pay the ABJ insurance amount of Rs.1,00,000/- with interest from 02-9-2012 to 06—3-3013 with interest @ 12% p.a. together with compensation of Rs.10,000/- and costs of Rs.5,000/-.
The appellant/first opposite party filed written version and as per the written version of the first opposite party, it was admitted that account bearing No.ABJ/01/20030018 was opened by the mother of the respondent and paid prorata insurance upto the year 2010. Thereafter according to the appellant at the request of the account holder, the ABG account was converted into ordinary savings bank account No.042510027900020 and in those circumstances the said Mangamma is not entitled for any insurance coverage for the reason that the death occurred on 01-9-2012 after conversion.
The respondent got filed Exs.A1 to A10 and the appellant got marked Exs.B1 to B6. Having considered the entire material on record, the District Forum came to the conclusion that the conversion of the ABJ account of the mother of the respondent was not within her knowledge and as there is nothing in writing the same cannot be accepted and in those circumstances allowed the complaint as stated supra.
The said order is challenged by the appellant before us.
Heard the counsel for the appellant. We have also perused the written arguments of the respondent. The admitted facts are that the last premium of insurance on protata basis was paid on 30-11-2010 i.e. an amount of Rs.407/-. Thereafter according to the appellant, the conversion of the account had taken place. As per the death certificate, which was marked as Ex.A2, the said Mangamma, mother of the respondent died on 01-9-2012. Irrespective of the fact that the account is converted from ABJ to Savings Bank account, we are of the considered view that there is no coverage by the time the respondent’s mother died. As per Ex.A1, the insurance premium which was paid on prorate basis was only upto 30-11-2010 and the same got expired on 30-11-2011. Thereafter Ex.A1 does not show any deduction of premium. When we take this particular fact into consideration and as on the date of death of the respondent’s mother, apparently there is no insurance coverage. In those circumstances, irrespective of the fact as to whether the said bank account was converted from ABJ account to ordinary Savings Bank account, the respondent is not entitled to claim any insurance amount on account of the death of his mother. In those circumstances, we have no hesitation to come to the conclusion that the District Forum erred in allowing the complaint and awarding the said sum.
Accordingly this appeal is allowed and the impugned order of the District Forum is set aside and consequently the complaint is dismissed. There shall be no order as to costs.
Sd/-PRESIDENT.
Sd/-MEMBER.
JM Dt.04-6-2014.
