Between:

1.   G.Govinda Reddy, S/o Venkata Reddy.

    2. G.Someswaramma, W/o G.Govinda Reddy,

   Both are Agriculturists, R/o H.No.2/3, Main Road, C. Belagal (V&M) – 518 462,    Kurnool District.                                      

…Complainants

                                                    -Vs-      

Manager, Andhra Bank,

45/142-A-27A, Main Road, Keshava Reddy Talent School Branch, Venkataramana Colony, Kurnool – 518 003.                                           

      ...Opposite ParTy

This complaint is coming on this day for orders in the presence of Sri.P.V.Ramana Reddy, Advocate for complainants and Sri.G.S.Vijaya Bhaskar Reddy, Advocate for opposite party and upon perusing the material papers on record, the Forum made the following.

                                               ORDER

(As per Sri. T.Sundara Ramaiah, President)                                                             C.C. No.4/2012

1.     This complaint is filed under section 11 and 12 of C.P. Act, 1986 praying:-

(a)          To direct the opposite party to pay the insurance amount of Rs.1,00,000/- with interest @ of 18% per annum from the date of death till date of payment;

(b)          To grant compensation of Rs.1,00,000/- towards mental agony suffered;

(c)           To grant cost of this application in a sum of Rs.5,000/-;

And

(d)          To grant such other reliefs as the Honourable Forum deems fit and proper in the circumstances of the case in the interest of justice.

2.    The case of the complainant in brief is as under:-  G.Lakshmi Reddy who is the son of the complainants opened an S.B. Account  with opposite party under Account No.ABJ/01/00050229 on 08-09-2005.  The account holder is covered for Rs.1,00,000/- as Accident Insurance Cover.  The premium amount was debited in the account of the G.Lakshmi Reddy on 08-09-2005.  G.Lakshmi Reddy died in a road accident on 23-04-2008.  The complainants who are the parents of the deceased G.Lakshmi Reddy approached the opposite party seeking the insurance amount.  As there was no response from the opposite party the complainants got issued legal notice dated 23-12-2010, calling upon the opposite party to pay the insurance amount.  The opposite party received the said notice on 29-12-2010.  On 03-01-2011 the opposite party got issued a reply calling upon the complainants to furnish the relevant documents for processing the claim.  The complainants sent relevant documents to opposite party through their Advocate on 14-06-2011 by Registered Post.  There was no intimation whatsoever from the opposite party.  There is deficiency of service.  Hence the complaint.

3.     Opposite party filed written version stating that the complaint is not maintainable.  The opposite party introduced the Abhaya Jeevan Scheme to the account holders.  The opposite party made arrangement with Life Insurance Corporation of India for the accidental death of account holders to a tune of Rs.1,00,000/-.  The complainants sent death claim forms three years after the death of their son.  The opposite party gave a reply notice dated 03-01-2011 to the complainants Advocate.  Under Abhaya Jeevan Scheme the death intimation must be given within 90 days from the date of death to the bank.  The role of the opposite party is limited.  It is only a facilitator.  The opposite party is no way concerned for settlement of Insurance Claim.  The complaint failed to make the Life Insurance Corporation of India as a necessary party.  There is no deficiency of service on the part of opposite party.  The bank has acted as a facilitator.  The complaint is liable to be dismissed. 

4.     On behalf of the complainant Ex.A1 to A7 are marked and sworn affidavit of the first complainant is filed. On behalf of the opposite party Ex.B1 is marked and sworn affidavit of opposite party is filed.

5.     Both sides filed written arguments.

6.     Now the points that arise for consideration are:

                     i.        Whether the complaint is barred by time?

                    ii.        Whether there is deficiency of service on the part of Opposite Party?

                  iii.        Whether the complainant is entitled for the reliefs as prayed for?

                  iv.        To what relief?

7.      POINT No.i:-   Admittedly G.Lakshmi Reddy son of the complainants opened Abhaya Gold S.B. Account bearing No.ABJ/01/00050229 in opposite party bank on 08-09-2005.  The complainants account holder was issued a pass book Ex.A1 by the opposite party.  The account holder operated the account for some period.  It is also admitted that the premium amount was debited in the account of the account holder on the date of the open of the account i.e., on 08-09-2005.  It is the case of the complainant that their son died on 23-04-2008 in a road accident that took place near TGV Petrol Pump, Kurnool. The first complainant in his sworn affidavit clearly stated that his son died in a road accident on 23-04-2008.  The complainants also filed Ex.A2 copy of the F.I.R in Crime No.98/2010.  As seen from Ex.A2 it is very clear that the son of the complainants died in a road accident that took place on 23-04-2008.  

8.     It is the case of the complainants that after the death of their son they approached the opposite party and made claim for assured amount and that the opposite party did not respond.  Except the affidavit evidence of the first complainant there is no independent evidence on record to show that the complainants approached the Manager of the opposite party Bank immediately after the death of the account holder G.Lakshmi Reddy.  Admittedly the complainants got issued a legal notice dated 23-12-2010 to the opposite party demanding the assured amount of Rs.1,00,000/-.  The opposite party gave a reply Ex.A5 dated 03-01-2011.  As seen from Ex.A3 and Ex.A5 it is very clear that no claim was made in writing by the complainants before 23-12-2010.  It is submitted by the learned counsel appearing for the opposite party that the complaint is barred by time.  The account holder died on 23-04-2008.  Notice was given to the opposite party for the first time under Ex.A3 dated 23-12-2010.  As per section 24 (a) of the Consumers Protection Act the period of limitation to file the complaint before the District Consumers Forum is two years from the date on which the cause of action has arisen.   The son of the complainants died on 23-04-2008.  The cause of action to file the complaint arose to the complainants on 23-03-2008.  But the present complaint is filed on 16-12-2011 beyond the period of limitation.  Admittedly no petition is filed to condone the delay in filing the complaint.  The present complaint is barred by time. 

9.      POINTS ii and iii:- It is the case of the complainants that the opposite party failed to pay the assured amount to them.  There is no mention in Ex.A1 Pass Book that the opposite party Bank under took to pay the assured amount of Rs.1,00,000/-.  It is the case of the opposite party that there is arrangement between Andhra Bank and Life Insurance Corporation of India that Life Insurance Corporation is a necessary and proper party and that the opposite party bank is only a facilitator.   Admittedly no claim in writing was made to the opposite party bank immediately after the death of the account holder.  Demand notice was issued to opposite party on 23-12-2010.  The claim was made by the complainants three years after the death of their son.  As the complainants failed to approach the opposite party bank with in the stipulated time the opposite party could not process the claim of the complainants.  No deficiency of service is found on the part of the opposite party.  It is only an account of the negligence in making the claim by the complainants the opposite party was not in a position to secure the amount from the Insurance Company.  The complainants kept quiet for a period of three years in claiming the assured amount.  The opposite party cannot be blamed for the negligence on the part of the complainants.  The complainants are not entitled for the relief as prayed for.  

10.    In the result, the complaint is dismissed without costs.

        Dictated to the stenographer, transcribed by her, corrected and pronounced by us in the open bench on this the 4^th day of October, 2012.

Sd/-                                     Sd/-                                Sd/-        

MALE MEMBER                      PRESIDENT                  LADY MEMBER

                                 APPENDIX OF EVIDENCE

                                    Witnesses Examined

For the complainants: Nill           For the opposite party : Nill

List of exhibits marked for the complainants:-

Ex.A1                Abhaya Gold Account Pass Book Account

                No.ABJ/01/00050229 dated 08-09-2005.

Ex.A2                Photo copy of F.I.R. in Crime No.98/2008 dated 23-04-2008.

Ex.A3                Office copy of Legal Notice dated 23-12-2010.

Ex.A4                Postal Acknowledgement dated 30-12-2010.

Ex.A5                Reply Notice issued by opposite party dated 03-01-2011.

Ex.A6                Office copy of Notice-Cum-Letter dated 14-06-2011.

Ex.A7                Postal Acknowledgement dated 20-06-2011.

List of exhibits marked for the opposite party:-

Ex.B1        AB Jeevan Abhaya Group Life Insurance Policy Memorandum of understanding Policy No.511172.

Sd/-                                   Sd/-                                   Sd/-        

MALE MEMBER                 PRESIDENT                   LADY MEMBER

    // Certified free copy communicated under Rule 4 (10) of the A.P.S.C.D.R.C. Rules, 1987//

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Complainant and Opposite parties  :

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