BEFORE THE DISTRICT CONSUMER FORUM :: WARANGAL
Present : Sri D. Chiranjeevi Babu,
President.
And
Sri Patel Praveen Kumar,
Member.
Friday the 18th day of March, 2011.
CONSUMER COMPLAINT No.95/2009
Between:
1) Sajida Thabassum, W/o late Dawood,
Age: 30 yrs, Occ: Household,
R/o H.No.7-7-157, Ujili Base,
Hanamkonda, Warangal District.
2) Gousia Begum, W/o Syed Hussain,
Age: 43 yrs, Occ: Household,
H.No.7-7-157, Ujili Base,
Hanamkonda, Warangal District. … Complainants
And
1) United India Insurance Co.Ltd.,
Rep. by its Divisional Manager,
II floor, Posnett Bhavan, Ramkote,
Hyderabad.
2) The Branch Manager,
Andhra Bank,
Mahabubabad Branch,
Warangal District.
… Opposite Parties
Counsel for the Complainants :: Sri T.Sridhar, Advocate.
Counsel for the Opposite Party No.1 :: Sri A. Madan Mohan Rao,Advocate.
Counsel for the Opposite Party NO.2 :: Sri T.Gangadhar Rao, Advocate.
This complaint is coming for final hearing before this Forum, the Forum pronounced the following order.
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ORDER
Sri D.Chiranjeevi Babu, President
This complaint is filed by the complainants Sajida Thabassum and Gousia Begum against the opposite parties under section 12 of Consumer Protection Act, 1986 for a direction to pay sum of Rs.1,00,000/- and the bonus accrued under the policy Abhaya Savings Account together with interest @18% p.a. from the date of filing of the claim till realization, to award Rs.1,00,000/- towards damages and reimbursement of expenses incurred and costs.
The brief averments contained in the complaint filed by the complainants are as follows:
The case of the complainants is that the complainant No.1 is the wife and complainant No.2 is the sister of deceased Shake Dawood, who died on 09-09-2007 at Saudi Arabia by falling from the building and died on the spot. The deceased was having Abhaya Savings Bank Account NO.971 with opposite party No.2 and opposite party No.2 insured the life of the deceased with opposite party No.1. The Director of the Kingdom of Saudi Arabia, Ministry of Interior issued death certificate which clearly establishes that the deceased died accidentally. The complainant No.1 being wife, complainant NO.2 being nominee of the deceased have filed their claim before opposite party No.1 through opposite party No.2 and requested the opposite parties for settlement the policy amount. Opposite party NO.1 sent a letter dated 08-07-2008 to opposite party No.2 stating that the claim was repudiated. The repudiation made on false and frivolous grounds. The act of opposite parties amounts to deficiency of service. Hence, filed this complaint praying to direct the opposite parties to pay Rs.1,00,000/-p with accrued bonus under the policy of Abhaya Savings Scheme account with interest and award Rs.1,00,000/- towards damages and costs.
The opposite party NO.1 filed the Written Version stating that this opposite party has entered into an agreement with M/s Andhra Bank Ltd., to cover the Savings Bank Account holders of “Abhaya Savings Bank of Andhra
Bank under Group Personal Accident Insurance Policy and the risk covered under the said policy is Rs.25,000/-. As per the terms and condition No.8 for processing claim, certified copy of FIR, Postmortem Report, Inquest report, Police final report are necessary and the intimation of accidents giving rise to claim shall be given to the insurer through branch for the bank within a reasonable time of 90 days from the date of accident. The above documents are necessary to ascertain whether the death and also to know the exact
CC 95/2009 -- 3 –
cause of death and also to ascertain whether the death was accidental or suicidal or homicidial. In this case no such documents were submitted to this opposite party except the so called the death certificate alleged to have been issued by the Ministry of Civil Affairs, Kingdom of Saudi Arabia and as such it is very difficult to come to the conclusion that the death of the Shaik Dawood was accidental or suicidal. The above death certificate does not disclose that the death was accidental . Further this opposite party is not liable to pay any amount, as per the policy the sum assured is only Rs.25,000/- but not Rs.1,00,000/- as claimed by the complainant and in the event of fastening the liability, the liability has to be restricted to Rs.25,000/- only and requested this Forum to dismiss this case.
The opposite party NO.2 filed the Written Version stating that it has entered into agreement with opposite party No.1 covering the savings bank account holder of ASB Savings Bank Account and provided with personal accident insurance policy, the risk shall cover to the tune of Rs.25,000/- only as such the claim of Rs.1,00,000/- is unknown to law and unwarranted and requested this Forum to dismiss this case.
The complainants in support of their claim, filed the Affidavit of complainant No.1 in the form of chief examination and also marked Exs.A-1 to A-8. On behalf of opposite parties Sri K.Vijaya Raju filed his Affidavit in the form of chief examination and also marked Ex.B-1.
Now the point for consideration is:
1) Whether there is any deficiency of service on the part of the opposite parties?
2) If so, to what Relief?
Point NO.1:-
No arguments advanced from complainants side even though this Forum passed conditional order. The opposite parties advanced arguments. After gone through the documents filed by both the parties our reasons are like this:
The main contention of the complainant No.1 as per her Affidavit is that she is entitled to get an amount of Rs.1,00,000/- @18% interest and also she is entitled to get an amount of Rs.1,00,000/- towards damages and reimbursement and further her husband died accidentally. When her husband died accidentally as per the Abhaya Bond as per Account No.971 commenced from the year, 1991 she is entitled Rs.1,00,000/-.
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Now this Forum has to see whether the complainant No.1’s husband i.e, the deceased Dawood died accidentally or not.
The main arguments of Opposite parties Advocates is that the deceased not died accidentally and the complainants have not filed FIR, Postmortem Report, Inquest report and the complainants are not entitled to get anything. For this our answer is that as per Ex.A-3 i.e, Death Certificate of Dawood issued by Kingdom of Soudi Arabia, as per this the information of death is that the deceased fell down from the building during his work, it shows that the deceased died accidentally because he fell down from the building during his work, it comes under accidental death only. When the certificate shows that the deceased died accidentally, it is clear that the deceased died accidentally. So the arguments of opposite parties counsel by way of saying that the deceased not died accidentally is not at all acceptable. On the basis of Ex.A-3 the deceased died accidentally. When the deceased died accidentally certainly the nominee is entitled to get compensation.
Further the next point is that whether the deceased has taken Abhaya Savings Bond and entitled for an amount of Rs.1,00,000/- or not? The opposite parties Advocate stated that as per Abhaya Savings Bond the nominee of the deceased is entitled only an amount of Rs.25,000/- but not Rs.1,00,000/-. To prove that he filed Ex.B-1 in Page NO.3. We accept the argument of opposite party No.1’s Advocate because as per Ex.B-1 in Page No.3 2 © The cover under this policy shall be in addition to all other covers the insured person holds outside this scheme. In case of holders of multiple ABHAYA SAVINGS BANK ACCOUNT HOLDERS the maximum sum insured shall be Rs.25,000/- only per head irrespective of number of ABHAYA SAVINGS BANK HOLDERS held by the insured under the scheme under any of the Andhra Bank Branches. So as per this the Abhaya Savings Bank Account Holders is entitled for an amount of Rs.25,000/- only per head but not Rs.1,00,000/-.
Further as per 3 (d) the risk coverage under this policy shall be in addition to any other policy held by the insured personal with the Insurance Company or any other insurance company. In case of holders of multiple ABHAYA SAVINGS BANK ACCOUNT HOLDER the maximum insured will be Rs.25,000/- only per Head, irrespective of the number of ABHAYA SAVINGS BANK ACCOUNT HOLDER held by the insured under the scheme from all the branches of Andhra Bank. So as per 3(d) it is clear that the deceased’s nominee is entitled only for an amount of Rs.25,000/-.
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Further in the Written Version of opposite parties the stated that they have no objection if the Forum award an amount of Rs.25,000/-. Further as per Rule in 2© on page No.3 of Ex.B-1 it is clear that Abhaya Savings Bank Account Holders will get only Rs.25,000/- and as per Ex.A-1 i.e, Pass Book on the face of bank pass book it clearly stated that Abhaya Savings Scheme. The Abhaya Savings Bank Account Holders are entitled only Rs.25,000/-. When Ex.A-1 clearly stated that it is Abhaya Savings Scheme pass book certainly the nominee of the deceased is entitled for an amount of Rs.25,000/- only but not Rs.1,00,000/-.
For the foregoing reasons given by us we come to the conclusion that the nominee of the deceased and the wife of the deceased i.e, the complainants are entitled only Rs.25,000/- equally but not Rs.1,00,000/- and we answered this point accordingly in favour of the complainants against the opposite parties.
Point NO.2: To what Relief:- The first point is decided in favour of the complainants against the opposite parties this point is also decided in favour of the complainants against the opposite parties.
In the result this complaint is allowed and we direct the opposite parties jointly and severally to pay an amount of Rs.25,000/- (Rs.Twenty five thousand only) equally to the complainants along with interest @7.5% p.a. from the date of filing of the complaint i.e, 10-12-2009 till the date of deposit. The opposite parties are also directed to pay Rs.500/- (Rs.Five hundred only) towards costs.
A month’s time is granted to the opposite parties for the compliance of the order.
(Dictated to the Stenographer, transcribed by her, corrected and pronounced by us in the open Forum today, the 18th March, 2011).
PRESIDENT Male Member
District Consumer Forum, Warangal
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APPENDIX OF EVIDENCE
WITNESSES EXAMINED
On behalf of Complainants On behalf of Opposite Parties
Affidavit of complainant No.1 filed. Affidavit of opposite party No.1 filed.
EXHIBITS MARKED
ON BEHALF OF COMPLAINANTS
1. Ex.A-1 is the Andhra Bank Abhaya Savings Account Book.
2. Ex.A-2 is the Xerox copy of Recruitment letter.
3. Ex.A-3 is the Original Death Certificate issued by Ministry of Interior
General Directorate of Civil Affairs Department, Khamis Mushayt.
4. Ex.A-4 is the original Affidavit of complainant No.1
5. Ex.A-5 is the letter from opposite party NO.1 to opposite party No.2, dt.08-07-08.
6. Ex.A-6 is the Without Prejudice letter of United India Insurance Company Limited.
7. Ex.A-7 is the letter from opposite party No.2 to complainant NO.2, dt.30-07-08.
8. Ex.A-8 is the Authorization issued by ABUSARHAD.
ON BEHALF OF OPPOSITE PARTIES
1. Ex.B-1 is the copy of policy along with Terms and Conditions.
PRESIDENT
