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C.C. No. 54 of 2009nd May 20092 complainant filed the complaint for Rs. 1,00,000/- with interest @ 24% p.a. and Rs. 25,000/- towards mental agony and Rs. 2,000/- towards costs. 3. The opposite party filed a counter that as per the policy terms and conditions Rs. 1,00,000/- was by way of cheque dt. 30-12-2008. The Andhra Bank Abhaya Jeevan Scheme was in corroboration with LIC of India covering group of account holders of the bank and would be renewed from year to year, as per bank circular No. 307, dt. 28-11-2007. The group LIC policy was renewed for insurance year from 01-12-2007 to 30-11-2008 and with effect from 01-3-2008, the insurance coverage for natural and accidental death was restricted to Rs. 1,00,000/- and was paid and there was no negligence on the respondent and hence, the complainant was not entitled to the relief as prayed for. The complaint was not maintainable because the LIC of India was not a party. Thus the complaint may be dismissed with costs. 4. On the basis of the above pleadings the following points are settled for determination. i. Whether there is any negligence and deficiency of service on the part of the respondents? ii. Whether the complainant is entitled to the relief as prayed for? iii. To what relief? 5. On behalf of the complainant Ex. A1 to A7 were marked and on behalf of the respondent Ex. B1 was marked. 6. Point No. 1 & 2 There was no dispute that the husband of the complainant by name Thotti Ramachandra Reddy had an account under Andhra Bank Abhaya Jeevan Scheme bearing No. ABJ : 417 with opposite party and he died in the accident on 4-9-2008. While working as driver in APSRTC, Kadapa Depot. Ex. A2 was Xerox copy of pass book issued by Opposite party. Ex. A3 was Xerox copy of FIR in Cr. No. 62/2008, dt. 5-9-2008 under Section 304-A IPC against the driver bearing registration No. AP11 Z : 4787 of APSRTC Bus, Rajampet Depot. Ex. A4 was C.C. No. 54 of 20093 Xerox copy of inquest report. Ex. A5 was Xerox copy of post mortem certificate. As per terms and conditions of Jeevan Abhaya Scheme the opposite party should pay Rs. 1,00,000/- in case of natural death and Rs. 2,00,000/- in case of accidental death as insurance coverage. The scheme was in collaboration with LIC of India. After the death of the husband the opposite party bank paid Rs. 1,00,000/- by way of cheque dt. 30-12-2008 to the complainant. The Xerox coy of cheque was Ex. A6. Ex. A7 was brochure issued by Bank for Jeevan Abhaya Scheme. In Ex. A7 it was clearly mentioned that in case of accidental death Rs. 2,00,000/- should be paid under insurance coverage and Rs. 1,00,000/- should be paid in case of natural death. Therefore, the complainant addressed a letter to the opposite party to pay Rs. 2,00,000/- under the scheme and submitted all the documents. The Xerox copy of the letter was Ex. A1, dt. 01-11-2008. But the opposite party contended that the bank Head Office issued a circular No. 307, dt. 28-11-2007 that the Jeevan Abhaya Scheme was renewed with LIC of India for the insurance year commencing from 1-12-2007 to 30-11-2008 and on renewal of the scheme the insurance coverage was restricted to Rs. 1,00,000/- in case of natural death or accidental death and it was with effect from 01-3-2008. The copy of the circular was Ex. B1. The circular was dt. 28-11-2007 and the death of the husband of the complainant was on 4-9-2008. The circular was with effect from 01-3-2008. The complainant’s husband was an account holder in view of Ex. A7 under the scheme from 11-9-2007 as per Ex. A2. So the restriction was with effect from 01-3-2008 and not prior to 01-3-2008. The account of the deceased person was even prior to the circular Ex. B1. Therefore, the opposite party was liable to pay another Rs. 1,00,000/- as claimed by the complainant. There was no dispute that the deceased died in an accidental death. The opposite party did not inform to the group account holders under the scheme after Ex. B1 was issued. Thus the points are answered accordingly. C.C. No. 54 of 20094 7. Point No. 3 In the result, the complaint is allowed, directing the opposite party to pay Rs. 1,00,000/- (Rupees one lakh only) without interest, compensation and costs, payable within 30 days from the date of receipt of this order Dictated to the Stenographer, transcribed by him, corrected and pronounced by us in the open forum, this the 22 MEMBER MEMBER PRESIDENT APPENDIX OF EVIDENCE Witnesses examined. For Complainant : NIL For Respondent : NIL Exhibits marked for Complainant : - Ex. A1 X/c of letter from complainant to opposite party, dt. 1-11-2008. Ex. A2 X/c of passbook issued by opposite party. Ex. A3 X/c of FIR No. 62/2008, dt. 5-9-2008 of Nandalur Police station. Ex. A4 X/c of Inquest report. Ex. A5 X/c of Post mortem report issued by Civil Asst. Surgeon, APVVP, Ranapet. Kadapa. Ex. A6 X/c of D.D bearing No. 187975, dt. 30-12-2008. Ex. A7 Brochure issued by the opposite party. Exhibits marked for Respondents: - Ex. B1 X/c of circular No. 307, dt. 28-11-2007. MEMBER MEMBER PRESIDENT Copy to :- 1) Sri M. Venkataswamy Reddy, Advocate. 2) Sri S. Ravindra and S. Rama Devi, Advocates, 4/109, Main Road, Ranampet. 1) Copy was made ready on : 2) Copy was dispatched on : 3) Copy of delivered to parties : B.V.P. - - - C.C. No. 54 of 2009nd May 2009 DISTRICT FORUM :: KADAPA PRESENT SRI P.V. NAGESWARA RAO, M.A., LL.M., PRESIDENT SMT. B. DURGA KUMARI, B.A., B.L., SRI S. ABDUL KHADER BASHA, B.Sc., MEMBER Friday, 22 CONSUMER COMPLAINT No. 54 / 2009 Thotti Venkata Padmavathi, W/o Late T. Ramachandra Reddy, aged about 40 years, At present residing D.No. 2/155, S.B.I Colony, Everest Road, Kadapa. ….. Complainant. Vs. Andhra Bank, Rajampet, Rep. by its Branch Manager. ….. Respondent. This complaint coming on this day for final hearing on 19-5-2009 in the presence of Sri M. Venkataswamy Reddy, Advocate, for complainant and Sri S. Ravindra and S. Ramadevi, Advocates for respondent and upon perusing the material papers on record, the Forum made the following:- O R D E R (Per Sri P.V. Nageswara Rao, President), 1. Complaint filed under section 12 of the Consumer Protection Act 1986. 2. The brief facts of the complaint is as follows:- The complainant was the wife of Thotti Ramachandra Reddy, who was a driver in APSRTC, Kadapa Depot met with an accident and died on 4-9-2008. The Nandalur police registered a case as Cr. No. 62/2008 under section 304-A IPC against the driver of APSRTC bus of Rajampet, Kadapa bearing No. AP11 Z : 4787. The deceased had Andhra Bank Jeevan Abhaya Scheme account bearing No. ABJ417. Under the scheme insurance coverage was Rs. 1,00,000/- in case of natural death and Rs. 2,00,000/- in case of accidental death. The scheme was in collaboration with LIC of India. The complainant after the death of her husband submitted death certificate, FIR, inquest report and post mortem report to the respondent bank and she received Rs. 1,00,000/- by way of cheque dt. 30-12-2008 from the bank under the scheme. The complainant requested the bank to pay Rs. 2,00,000/- under the scheme as assured by the bank. The Opposite party informed that it was not applicable to her. Therefore, the
......................B. Durga Kumari
......................Sri P.V. Nageswara Rao
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