BEFORE THE DISTRICT FORUM:KURNOOL
Present: Sri.K.V.H. Prasad, B.A., LL.B President
And
Smt. C.Preethi, M.A.LL.B., Lady Member
Monday the 29th day of September, 2008
C.C.No. 176/07
Between:
S. Kamurnnisa,W/o.Syed Abdul Rasool,
Nandikotkur, Kurnool District. … Complainant
Versus
- Andhra Bank, Represented by its Branch Manager,
Nandikotkur, Kurnool District.
2. Andhra Bank, Head Office, Represented by its General Manager,
Dr.Pattabi Bhavan, Saifabad, Hyderabad.
3. The Divisional Manager, Life Insurance Corporation of India,
P and GS Unit, Divisional Office,
Jeevan Prakash, Hyderabad. … Opposite parties
This complaint is coming on this day for orders in the presence of Sri.M.Azmathulla, Advocate, for the complainant, and Sri.A.Rama Subba Reddy, Advocate, for the opposite parties 1 and 2 and opposite party No.3 called absent set exparte and upon perusing the material papers on record, the Forum made the following.
ORDER
(As per Sri. K.V.H.Prasad, President)
C.C.No.176/07
1.` This case of the complainant is filed U/S 12 of C.P.Act, seeking direction on the opposite parties to pay to the complainant Rs.1 lakh towards Andhra Bank Jeevan Abhaya Scheme along with interest at 18% p.a from the date of demise of the deceased, Rs. 50,000/- towards compensation for mental agony and hardship, and cost of the case alleging that the issual of master policy No.511172 by opposite party No.3 infavour of opposite party No.2 covering the risk of account holders of Abhaya Jeevan savings account of opposite party No.1 to a tune of Rs.1 lakh and the complainants husband Syed Abdul Rasool holder of SB Account No.ABJ-237 in opposite party No.1 bank, died on 23-1-2007 due to ill health and the complainant as nominee of said account holder submitting claim enclosing therewith necessary relevant material and documents and the opposite parties keeping silent on said claim inspite of legal notice dated 1-10-2007 and their deficient conduct causing mental agony also besides to deprival of assured amount of risk covered under said Abhaya Jeevan account .
2.` In pursuance of the receipt of the notice of this forum as to this case of the complainant while the opposite party No.3 remained exparte to the case proceedings by its abstention, the opposite party No.1 filed written version, which is adopted by opposite party No.2 contesting the case and denying any of its liability to the complainants claim .
3.` The written version of opposite party No.1-even though admits the privy of complainants husband to it as Abhaya Jeevan Account holder, but it denies any of its liability under said scheme as it covers the said account holder within the range of 18 to 55 years age only and discontinuing automatically the coverage of risk of account holders who crossed the age of 55 years and the complainants husband Syed Rasool holder of ABJ Account No. 237 having declared his date of birth as 1-7-1951 in his application, by date of demise on 23-1-2007 crossed the age of 55 years . The non availability of coverage of said scheme to account holder, no premium was deducted on 1-12-2006 for its being sent to insurance company (opposite party No.3) and the same was brought to the notice of the complainant on her approach and as she was convinced of said fact any further action including reply to the notice of the complainant was given and therefore the claim of the complainants case being not maintainable seeks the dismissal of the complainants case.
4. In substantiation of the contentions while the complainant side has taken reliance on documentary record in Ex.A1 to A4 besides to the sworn affidavit of the complainant in reiteration of its case, the opposite party side has taken reliance on documentary record in Ex.B1 and B2 besides to the sworn affidavit of the opposite party No.1 in support of its defence.
5. Hence, the point for consideration is whether the complainant has made out any deficiency on the part of the opposite parties so as to make them liable for complainants claim.
6. The Ex.A1 is the pass book of account No.ABJ 237 standing in the name of Syed Abdul Rasool in opposite party No.1 s bank having date of its commencement from 2-7-2004 and showing there in the debit and credit transactions till 20-11-2006. The issual of said Ex.A1 being not disputed by the opposite party side it is not requiring any further proof as to the material entries there in.
7. The Ex.A2 is the legal notice dated 1-10-2007 caused to opposite party No.1 marking its copy to opposite party No.3, at the instructions of the complainant, alleging coverage of her husband for an assured sum of Rs.1 lakh on life risk under ABJ Account No.237 and consequent to demise of said account holder on 23-1-2007 the complainant making claim under said ABJ scheme on 6-3-2007 and personal representation on 10-7-2007 and the claim being not settled the said notice demanding the settlement of claim with in ten days or otherwise as to the responsibilities of the opposite parties for cost and consequences of proposed legal action . The causing of said notice being not denied by the opposite parties the said Ex.A2 which was said to have been acknowledged by the opposite party under postal acknowledgement is requiring any of its further proof.
8. The Ex.A3 is the death certificate envisaging the demise of S.A.Rasool on 23-1-2007 at Nandikotkur. The said fact of demise of the person mentioned therein being not much disputed by the opposite parties it is not requiring any of its further proof as to the fact envisaged there in.
9. As there being any dispute from the opposite parties to file this case or denying of her relationship with the said deceased ABJ account holder and her status as his nominee the Ex.A4-family member certificate finds little relevancy of its application to the case.
10. Neither the complainant side nor the opposite party side takes any mention of the amount of premium being deducted for covering the life risk of the deceased account holder of ABJ account No.237. Nor the Ex.B1 application of Syed Abdul Rasool seeking the opening and commencement of Jeevan Abhaya account for himself-says of the premium payable there under for covering the life risk of said account holder for assured sum of Rs.1 lakh and of the age group which is covered under said ABJ account for life risk as 18 to 55 years age .
11. While such is so with the above material, the Ex.B2 is placed by the opposite party side as a model pass book for AB Jeevan Abhaya Savings account which is containing the terms and conditions governing the said Andhra Bank Jeevan Abhaya Savings Account in the form of questions and answers. In answer to question No.2 in Ex.B2 which reads as who can open the AB Jeevan Abhaya Savings Bank Account it says that the scheme is open to all those who are in the age group of 18 to 55 years . Vide question No.3 of the Ex.B2 the minimum balance to be maintained in such account is as in savings bank plus to applicable annual premia . As the said deceased was aged at 53 years at the time of opening the said AB jeevan Abhaya account, in reference to his date of birth declared in Ex. B1, the actual premium prescribed was Rs.744/- p.a vide the particulars of the table given to question No.10 of Ex.B2 being the account holder was at the time in the age group of 51 to 55 years the minimum balance to be maintained for said age group of 51 to 55 years is Rs.1,000/- as per the table given in last page of the Ex.B2. Hence to keep the said account live and proper as ABVJ account the said deceased account holder of ABJ account No.237 (i.e., the deceased husband of complainant) ought to have maintained in his account in Ex.A1 a minimum amount of Rs.2,488/- (I e., Rs.1,000/- minimum balance to be maintained under ABJ account ) Plus 2 x Rs.744 /- (two applicable annual premia), and seen the payment of annual premium at Rs.744/- for year . But the perusal of the Ex.A1 entries indicates any maintenance of such minimum balance of amount and deduction of the premium. Hence what appears from the perusal of the transactions of credit and debit in the Ex.A1 is that even though the account in Ex.A1 was styled as ABJ account No.237 it was run as mere savings bank account and at no time with vigour of ABJ account. Nor there is any material in Ex.A1 that a manual premium of Rs.744/- was deducted from therein nor any receipt evidencing the payment of said premia amount by the said account holder is placed at least to the period in which his demise occurred to feel the ABJ scheme is still covering his death under said account. On the other hand the opposite parties written version makes it clear that on account of the said account holder crossing the age of 55 years no premium was deducted from 1-12-2006 as on crossing the age of 55 years the deduction of premia will be automatically discontinued and any rebuttal to it appears from the complainant side.
12. If the real intention of the deceased Syed Abdul Rasool in opening ABJ savings account to have the benefit of life risk insurance he should have complied strictly as to the minimum balance to be maintained in said account as laid down in condition No.3 r/w with condition mentioned in the last page in Ex.B2, but also would have been in conscious of annual premium payments either paying directly or getting it deducted from the balance of said Ex.A1 account. His ignorance of them and not being made aware of them does not find any excuse as it is for him to know about them if he really intended to have benefit of said ABJ savings account covered with risk of life insurance . As there being neither any individual receipts evidencing payment of premium by deceased account holder nor there deductions of required premium being intelligible in Ex.A1 pass book, the deceased and pass book holder of Ex.A1 did not acquire any rights which ABJ savings account holder would under said ABJ savings account. When such is the case any liability of the opposite parties as bank which has run the account of deceased Syed Abdul Rasool or insurance company which is covering the risks of life of the holders of ABJ accounts in vogue, appears to be having any liability for the claims arising out of such accounts which ceased to be the ABJ account, on account of the expiry of maximum age prescribed for said ABJ account holders and deduction of any premium covering the said period where in the demise of account holder of Ex.A1 occurred. When the deceased under Ex.A1 himself not acquired any rights of life risk under Ex.A1 for the reasons stated above, the claim of the complainant stands in no way better than her deceased husband under whom she is claiming.
13. Therefore, there being any merit and force worthy of consideration and creating any liability of the opposite parties for the complainants claim, the case of the complainant is dismissed.
Dictated to the stenographer, transcribed by her, corrected and pronounced by us in the open bench on this the 29th day of September, 2008.
Sd/- Sd/-
MEMBER PRESIDENT
APPENDIX OF EVIDENCE
Witnesses Examined
For the complainant :Nil For the opposite parties :Nil
List of exhibits marked for the complainant:-
Ex.A1. Saving pass book of ABJ account No.237.
Ex.A2. Office copy of legal notice dated 1-10-2007 along with postal receipt and acknowledgement of opposite partyNo.3
Ex.A3. Death certificate.
Ex.A4. Family members certificate issued by MRO Nandikotkur
List of exhibits marked for the opposite parties:
Ex.B1. Application for opening account Jeevan Abhaya.
Ex.B2. Proforma Pass book of Andhra Bank Jeevan Abhaya.
Sd/- Sd/-
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 :
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