BEFORE THE DISTRICT FORUM: KURNOOL
Present: Sri. T.Sundara Ramaiah , B.Com B.L., President
And
Sri. M.Krishna Reddy , M.Sc., M.Phil., Male Member
Thursday the 10th day of February, 2011
C.C.No 22/07
Between:
K.Ameerun Bee, w/o late K.Anwar Basha,
R/o Atmakur Village and Mandal Kurnool District.
…..Complainant
-Vs-
- Andhra Bank, Represented by its, Branch Manager,
Atmakur, Kurnool District.
2. Andhra Bank, Head Office Represented by its Chief Manager,
Dr. Pattabi Bhavan, Saifabad Hyderabad.
…OPPOSITE PARTies
This complaint is coming on this day for orders in the presence of Sri. M. Azmathulla, Advocate for complainant, and Sri. G. S. Vijaya Bhaskar Reddy, Advocate for opposite party No.1 and 2 upon perusing the material papers on record, the Forum made the following.
ORDER
(As per Sri. T.Sundara Ramaiah, President)
C.C. No. 22/07
1. This complaint is filed under section 12 of C. P. Act, 1986 praying to direct the Opposite parties:-
(a) To pass an award of RS.1,00,000/- in favour of the complainant,
(b) To award compensation of RS. 50,000/- towards
compensation for mental agony,
(c) To award interest on RS.1,50,000/- at the rate of 18% per annum from the date of death of K.Anwar Basha.
(d) And Pass such other relief or reliefs as the Honorable Forum deems to be fit and proper in the circumstances of the case.
2. The case of the complainant’s in brief is as under: - The complainants husband K. Anwar Basha was having S.B.A/c No.ABJ-60000131 in first opposite party bank. The complainant has been nominated as a nominee under the said account. While the account was in force on 18-09-2005, the complainant’s husband died with dehydration due to Gastroenterity in Saranya clinic of Atmakur. As per the terms and conditions of the said account in case of the death of the account holder the bank has to pay Rs.1,00,000/- to the nominee. After the death of K. Anwar Basha the complainant being a nominee submitted the claim form on 18-11-2005 along with certificates. Again the complainant has submitted her representation to the opposite party No.1 on 01-06-2006 but there is no response. On 28-08-2006 the complainant got issued a registered legal notice to Ops 1 and 2. The said notice was served on the opposite parties. But they have not settled the claim. There is deficiency of service on the part of the opposite parties. Hence the complainant.
3. Opposite parties 1 and 2 filed written version, stating that the complaint is not maintainable. Andhra Bank introduced the Abhaya Jevan Scheme to the account holders. It made arrangement with the Life Insurance Corporation of India to cover the normal death of account holder to a tune of RS.1,00,000/-. The husband of the complainant by name K. Anwar Basha opened an Abhaya Jevan S/B/A/C/No.60000131 with opposite party No.1. The information regarding the said claim is printed in the last page of account book which was given to the husband of the complainant. The terms and conditions were informed to the husband of complainant. On receipt of information about the death of the husband of the complainant, the opposite party No.1 informed the same to Life Insurance Corporation of India. The complainant submitted the claim form duly filled to the opposite party. Immediately the said claim form was forward to the Life Insurance Corporation of India. Subsequently as per request of the L.I.C this opposite party forwarded all the details required by it. As per the terms and conditions listed in A.B.J. Account, the settlement of claims is purely rest with the insurance company. The bank is no way concerned for the settlement of insurance claim. The complainant is entitled for the assured amount from the Life Insurance Corporation of India. The bank has acted as a facilitator for forwarding the claim the complainant. There is no deficiency of service on the part of opposite parties. The opposite parties are not liable to pay the claim. The complainant is liable to be dismissed.
4. On behalf of the complainant Ex.A1 to A6 are marked and sworn affidavit of the first complainant is filed. On behalf of the opposite parties Ex.B1 to B5 are marked and sworn affidavit of opposite party No.1 is filed.
5. Both sides filed written argument.
6. The points that arise for consideration are:
- Whether there is deficiency of service on the part of the Opposite Parties?
- Whether the complainant is entitled to the reliefs as prayed for?
(c) To what relief?
7. POINT No.1 & 2 :- Admittedly the husband of the complainant by name K. Anwar Basha opened Abhaya Jevan S/B/A/C/No.60000131 with opposite party No.1 Ex.A1 is the pass book issued by first opposite party Bank in favour of K. Anwar Basha, husband of the complainant. As seen from the entries in Ex.A1 it is very clear that the said account was opened by K. Anwar Basha on 04-12-2004. It is the case of the complainant that she is the nominee under the said account. The fact that the complainant is the nominee in the account is not under dispute. It is the case of the complainant that her husband died on 18-09-2005 and that she being nominee entitled to Rs.1,00,000/- from the opposite parties. The complainant to show that her husband died on 18-09-2005 relied on Ex.A2 death certificate issued by Panchayat secretary Grama Sachivalayam Atmakur, Kurnool District. In Ex.A2 it is very clearly mentioned that K. Anwar Basha husband of the complainant died on 18-09-2005. It is the case of the opposite parties that Abhaya Jevan scheme information is printed in the last page of the account book that was given to the account holder. The complainant filed Ex.A1 pass book issued by Andhra Bank. The information regarding Abhaya Jevan Scheme is not there in the last page of Ex.A1. It is not the case of the opposite parties that Ex.A1 pass book was not issued by them. The opposite parties kept the account holder and the complainant in darkness regarding the terms and conditions of the Abhaya Jevan scheme.
8. It is the case of the complainant immediately after the death of
her husband she submitted the claim form along with necessary documents to opposite party No.1 on 18-11-2005. The complainant submitted representation under Ex.A5 to opposite party No.1 bank, is not denied by the opposite parties. The complainant also got issued a legal notice dated 28-08-2006 to the opposite parties requesting them to settle her claim. The opposite parties received the said notice but they did not give any reply stating that the claim has to be settled by the Life Insurance Corporation of India. For the first time the opposite parties in their written version have stated that the bank made arrangement with Life Insurance Corporation and that the claim form of the complainant was submitted to the Life Insurance Corporation. The opposite parties filed Ex.B2 to B4 stating that they made representation to the Life Insurance Corporation to settle the claim of the complainant. The opposite parties not filed any document to show that the claim of the complainant was submitted to the Life Insurance Corporation. Had the opposite parties submitted the claim of the complainant to L.I.C., the opposite parties would have received reply from the L.I.C. by the time the complaint was filed by the complainant in the year 2007. There is no material on record to show that the claim form of complainant along with the documents was sent to L.I.C by the first opposite party. The opposite parties are not in a position to say what had happened to the claim form said to have been forwarded by them to the L.I.C. The opposite parties filed Ex.B5 copy of the AB Jevan Abhaya Group Life Insurance Policy. No doubt in the said policy it is mentioned that the bank acts as a facilitator and that the L.I.C. reserves the right for admission of claim and rejection of claim. It is not the case of the opposite party that the claim of the complainant was rejected by the L.I.C. It is the responsibility of the bank to find out the result of the claim made by the complainant and give information to the complainant. In spite of the legal notice the opposite parties did not give any reply. The opposite parties kept quite and they did not take any responsibility to see the claim of the complainant is settled. The complainant who lost her husband on 18-09-2005 is not in a position to get an amount for which she is entitled even after five years. There is deficiency of service on the part of the opposite parties in getting the claim settled. The opposite parties kept the complainant in darkness. The conditions of the scheme are not printed in Ex.A1. It is admitted that in case of the death of the account holder the nomine is entitled to a tune of Rs.1,00,000/-. The opposite party bank neglected in settling the claim of the complainant. There is deficiency of service on the part of the opposite parties. The opposite parties are therefore liable to pay the assured amount of Rs.1,00,000/- to the complainant.
9. In the result the complaint is partly allowed directing the opposite parties jointly and severally to pay to the complainant compensation of Rs.1,00,000/- within three months from the date of order. The opposite parties are jointly and severally liable to pay the above said amount with interest at 9% per annum from the date of default till the payment. The opposite parties are also to pay cost of Rs.1,000/- to the complainant.
Dictated to the stenographer, transcribed by her, corrected and pronounced by us in the open bench on this the 10th day of February, 2011.
Sd/- Sd/-
MALEMEMBER PRESIDENT
APPENDIX OF EVIDENCE
Witnesses Examined
For the complainant : Nil For the opposite parties : Nill
List of exhibits marked for the complainant:-
Ex.A1 Original Abhya ABJ A/C No.60000131 of K. Anwar Basha.
.
Ex.A2. Death Certificate.
Ex.A3 Certificate as to the cause of death.
Ex.A4 Office Copy of claim form along with declaration of the nominee.
Ex.A5 Representation of nominee to OP1 dt. 01-06-2006.
Ex.A6 Office copy of legal notice dt. 28-8-2006 addressed to Op’s along with postal receipts and acknowledgement.
.
List of exhibits marked for the opposite parties:-
Ex.B1 Original Pass Book of AB Jeevan Abhaya.
Ex.B2 Photo copy of letter dt. 24-11-2005 issued by OP1 to L.I.C. of India, Hyderabad.
Ex.B3 Copy of letter dt.01-09-2006 issued by OP1 to LIC of India, Hyderabad.
Ex.B4 Photo copy of Discharge Receipt executed by complainant on 01-09-2006.
Ex.B5 Photo copy of AB Jeevan Abhaya Group Life Insurance Policy Memorandum of Understanding.
Sd/- Sd/-
MALE MEMBER PRESIDENT
// Certified free copy communicated under Rule 4 (10) of the
A.P.S.C.D.R.C. Rules, 1987//
Copy to:-
Complainant and Opposite parties
Copy was made ready on :
Copy was dispatched on :
