Present:       Sri D. Chiranjeevi Babu,

                                                President.

                                                Sri N.J. Mohan Rao,

                                                Member

                                               And

Smt. V.J. Praveena,

                                                Member.

 Friday, the 23^rd day of May, 2008.

CONSUMER COMPLAINT NO. 08/2007

Between:

Smt.G.Nirmala,  W/o Krishnamurthy,

Age: 24 years, Occ: Kirana Shop,

R/o H.No.2-7-925, Alipura,

Subedari,  Hanamkonda,

Warangal District.

                      … Complainant

AND

1.       The Manager,

Andhra Bank Extension Counter,

         Collectorate Branch,

         Hanamkonda,

         Warangal District.

2.       The Zonal Manager,

         Andhra Bank,

         Opp: Ashoka Theatre,

         Chowrastha,

         Hanamkonda.

… Opposite Parties

Counsel for the Complainant      : Sri. B. Shanker,  Advocate

Counsel for the Opposite Parties          : Sri T.Gangadhar Rao,  Advocate.

                                                 ORDER

      Sri D.Chiranjeevi Babu, President.

          This is a complaint filed by the complainant G. Nirmala against the Opposite parties under section 12 of Consumer Protection Act, 1986 for a direction to release the insurance claim sum of Rs.1,00,000/- and to pay Rs.20,000/- towards compensation.

          The brief averments contained in the complaint filed by the complainant are as follows:

          The complainant is the grand daughter of Duggishetti Sushila Bai (herein after referred to as the deceased).  The deceased during her life time opened A.B. Abhaya Saving Account with Opposite party No.1 in the year 2003 vide Account No.ABJ-3 and the complainant is the nominee for the said account.  On 30-9-04 the complainant grand mother died due to heart attack.  After the death of her grand mother the complainant intimated to Opposite party No.1 branch in a written manner along with death certificate.  But the Opposite parties dodging the matter on one or other pretext.  The complainant got issued legal notice to opposite parties, they received the same but did not respond properly.  Hence, the complainant filed this complaint before this Forum.

\

          Opposite party No.1 filed the Written Version contending in brief as follows:

          It is true that D.Susheela Bai was the account holder of ABJ-3 and the complainant is the nominee for the said account. Due to non submission of claim form prescribed or such claim in time, the bank is no way responsible for such delayed claim.  It is not out of place to mention that still the complainant has got an option if she submits proper explanation for the delay caused in intimating the information of death of account holder in time, the insurance company will look after the settlement of the claim.  Hence, the complaint may be dismissed.

          Opposite party No.2 filed a Memo adopting the Written Version filed by Opposite party No.1.

The complainant in support of her claim, filed her Affidavit in the form of chief examination and also marked Exs.A-1 to A-7.  On behalf of Opposite party No.1 K.V.Ramana Murthy filed his Affidavit in the form of chief examination and also marked Exs.B-1 to B-4.

          Now the point for consideration whether the complainant is entitled to get an amount of Rs.1,00,000/- @ interest 18% p.a. , Rs.20,000/- towards compensation towards mental agony and monetary loss and also Rs.10,000/- towards costs.

          After arguments of both side counsels our reasons are like this:

          The main contention of the complainant is that even though they have intimated about the death of the grand mother of the complainant and the complainant filed the claim form before the INSURANCE Company , but the insurance company has not acted upon in favour of the complainant.  The death of the grand mother of the complainant was clearly intimated to the bank by the complainant, later the complainant also gave the information to the insurance.   The Pass Book shows that prior to the death of the account holders opposite parties have deducted the premium for insurance coverage upto to November, 2005.  So the insurance was in force but the Opposite parties are dodging the matter without giving the claim of the deceased.  The bank authorities did not respond properly till now.  The complainant neither get any claim forms nor she was directed to comply anything else, previously the complainant was put under darkness by the bank authorities that there is a deficiency of service of claim forms in their branch and they will be sent soon, but she did not receive single document so far.  Finally the complainant has approached the Opposite parties in the month of June, 2006 but the bank authorities negligently answered that there shall be no claim for the said account as it comes nearly 2 years from the date of death and Opposite party No.1 has also suggested the complainant to close the account of her grand mother and take remaining balance, it is unjustified and immoral.  Thereafter the complainant has issued legal notices against Opposite parties demanding to release the insurance claim of ABJ-3 and the opposite parties

are received legal notices, but ever since the receipt of legal notice they did

not respond properly.   Then she filed this case before this Forum directing the Opposite parties to release the insurance claim of Rs.1,00,000/- @ interest 18% and also award Rs.20,000/- towards compensation and mental agony and cost.

          Opposite party No.1 stating that till now they have not received any claim forms from the complainant side with regard to death of the complainant grand mother. 

          After arguments of both side counsels, it is clear cut that the complainant has not filed any claim form before the opposite parties and Opposite party No.1 also clearly mentioned in his Written Version stating that they have not received any claim form.  Due to non submission of any claim form prescribed for such claim in time, the bank is no way responsible for such delayed claim and thereby the complainant is not entitled.  As per  Ex.B-4 it is clear cut that intimation of accident giving rise to claims must be given to the insurer through the branch of the banker within a reasonable time of 90 days from the date of accident.  The completely filled in claim documents should be submitted by the claimants to the insurance company through the branch within 180 days from the date of accident or else the insurance company will reject the claim.  Settlement of the claim rests with the insurance company.  Andhra Bank takes no responsibility whatsoever in settlement of claims by the insurance company.  And further as per Clause 8 Intimation of death of an account holder must be accepted only in writing in Triplicate in which the cause for the death must be clearly mentioned.  The original letter must be retained at the branch and the triplicate copy of the letter must be acknowledged and given back to the claimant.

          As per the Written Version allegations it is clear that the complainant has not filed his claim form before the Opposite parties.  When she has not filed any claim form, how she is entitled to get the amount.  We direct the Opposite parties to act sympathetically on the complainant side and give claim form and settle the matter amicably because she has not filed any claim form before the Opposite parties.  For the foregoing reasons given by us, we come to the conclusion that the complaint is allowed and the complainant is entitled for claim amount.

  We also direct the Opposite parties to pay an amount of 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 23^rd May, 2008).

                                                            Sd/-               Sd/-             Sd/-

                                                          Member       Member       President,

                                                          District Consumer Forum, Warangal. 

APPENDIX OF EVIDENCE

WITNESSES EXAMINED

On behalf of Complainant                          On behalf of Opposite Party

Affidavit of complainant filed                          Affidavit on behalf of O.P. filed.

EXHIBITS MARKED

On behalf of complainant

1. Ex.A-1 Pass Book of Smt.D.Susheela Bai issued by Andhra Bank,Warangal.
2. Ex.A-2 Xerox copy of Health Declaration Form
3. Ex.A-3 Postal Receipt.
4.  Ex.A-4 Postal Acknowledgment.
5. Ex.A-5 O/c of legal notice issued to Opposite party NO.1, dt.7-8-2006.
6. Ex.A-6 Xerox copy of Death Certificate.
7. Ex.A-7 xerox copy of letter from complainant to opposite party NO.1 dt.21-12-2004.

 On behalf of Opposite party.

1. Ex.B-1 Thariff for Will.
2. Ex.B-2 Reply to legal notice by Opposite party dt.15-2-07.
3. Ex.B-3 Courier Receipt.
4. Ex.B-4 Authorisation letter issued by Opposite party.

                                                                                           Sd/-

                   PRESIDENT.