This complaint is filed U/s 12 of Consumer Protection Act, Seeking directions on opposite parties to pay the ABJ Insurance amount of Rs.1,00,000/- along with interest from 02-09-12 to 06-03-13 @ 12% p.a. of Rs.7,000/-, compensation of Rs.10,000/- and costs of Rs.5,000/- to the complainant.  

          The complainant’s mother Late Mrs.Gopu Mangamma opened savings bank account bearing No.ABJ/01/20030018 under Abhaya Jeevan Scheme insurance for Rs.1,00,000/- on 02-12-2003 with 1^st opposite party which used to collect premium by deducting directly from her account. Under the above scheme the account holder is eligible for insurance in case of death caused accidentally or naturally. On 01-09-12 the complainant’s mother died due to illness and informed the same to the 1^st opposite party                    on 21-11-12. The opposite party issued a letter on 12-12-12 that the complainant’s account was converted to ordinary account on 31-05-11 itself. The complainant’s mother is an illiterate and use to operate the account only with the help of family members. By taking advantage of innocence and illiteracy the 1^st opposite party intentionally changed the ABJ account to SB account to avoid payment of the insurance claim.

 The complainant issued letters to both the opposite parties and head office, but of no use. Later the complainant issued legal notice dated               16-01-13 to 1^st opposite party and 26-02-2013 to both the opposite parties but no reply was given. This is nothing but deficiency of service on the part of opposite parties. Hence the complaint. 

          The complainant’s mother Gopu Mangamma opened an account bearing No.ABJ/01/20030018 with our branch on 02-12-13 covering upto 29-11-11 and paid prorata insurance for the party of Rs.372/- and prorata insurance recovery of Rs.30/- on 30-11-2004, payment of prorata insurance recovery of Rs.33/-, on 30-11-06, payment of prorata insurance for the party code Rs.372/- and prorata insurance recovery of Rs.34/- on 30-11-07 payment of prorata insurance for the party Rs.372/- and prorata insurance recovery of Rs.45/-on 29-11-08, payment of prorata insurance for the party Rs.409/- and prorata recovery of Rs.45/-, and on 30-11-10 on payment of prorata insurance for the party 407/- and prorata insurance recovery of Rs.44/- as lastly paid premium by the Gopu Mangamma. 

 

The complainant’s mother requested the conversion of ABJ form to savings bank account. The 1^st opposite party changed her ABJ account to savings bank account under bearingNo.042510027900020.The complainant’s mother lastly operated the SB account on 31-05-11 and withdrawn an amount of Rs.1,500/- and available balance is Rs.1,104/-. The 1^st opposite party credited the interest on the amounts deposited in the Gopu Mangamma’s account regularly. No insurance premium amount was deducted from her account from 31-05-11 and the said account is SB account. At the time of her death there is no insurance coverage. The transactions in the account of deceased looked by her husband Sri Gopu Radha Krishna . The complainant has no knowledge about the said account. The complainant intentionally avoided his father and had not shown him as a party to the proceedings. 

 

 

As per the banking rules and pass book the deceased has no insurance and not entitled to the claim amount. Therefore there is no deficiency of service on the part of 1^st opposite party. 

5.      The complainant and 1^st opposite party filed their respective affidavits. Exs.A-1 to A-10 were marked on behalf of the complainant. Exs.B-1 to B-6 were marked on behalf of the 1^st opposite party. 

1.   Whether the opposite parties committed deficiency of Service?

2.   To what relief? 

7.      POINT NOs.1&2:- The complainant’s allegation was that the 1^stopposite party converted the ABJ account of complainant’s mother Late Mrs.Gopu Mangamma to SB account taking advantage of innocence and illiteracy. 

8.      The opposite parties contention was that the opposite parties changed the account on request of the account holder Late.Mrs.Gopu Mangamma ie; complainant’s mother   only, but not with any intention. Further, alleged that the complainant’s mother was accompanied by her husband Mr.Radha Krishna for every transaction of the account, but the complainant intentionally not shown his father Mr.Radha Krishna as a party for the proceedings of the case.

9.      The account holder Late G.Mangamma’s pass book bearing No.ABJ/01/20030018 dated 02-12-03 Ex.A-1 shows the insurance payments under heads pr for prorata insurance the party code O and prorata insurance se recovery for the par, from 02-12-03 to 30-11-10 as below: 

02-12-03                            :       ₹372/-

        02-12-03                            :        ₹30/-

        30-11-04                            :       ₹372/-

        30-11-04                            :        ₹33/-

        30-11-05                            :       ₹372/-

        30-11-05                            :        ₹33/-

        30-11-06                            :       ₹372/-

        30-11-06                            :        ₹34/-

        30-11-07                            :       ₹372/-

        30-11-07                            :        ₹45/-

        29-11-08                            :        ₹409/-

        29-11-08                            :           ₹45/-

30-11-09                            :        ₹409/-

30-11-09                            :          ₹44/-

30-11-10                            :        ₹407/-

30-11-10                            :          ₹44/-

 

 Above details extracted from the passbook shows that her premium payments were deducted regularly from 02-12-03 to 30-11-10.

The 1^st opposite party contended that they converted the account at the account holder’s request on 31-05-2011(as per Ex:A-4 e-mail dt.12-12-12) from ABJ/01/20030018 to SB 042510027900020.

 

 The 1^st opposite party did not take any request letter from the complainant’s mother to effect the change. The number 042510027900020 which is said to have been given as new number for ordinary S.B. account                                               was mentioned in the passbook on 09-02-2009 even after which the insurance premium amount was deducted ie; on 30-11-2011. The said number might not relate to the cause stated by the 1^st opposite party. The 1^st opposite party failed to take requisition from the complainant’s mother.

 

The entry into and/or discharge of the contract between parties must be clear so that ambiguity can be avoided. The insurance obtained by the account holder with the 1^st opposite party is nothing but an insurance contract and it has to be discharged properly.       

10.    In these circumstances the Forum opines that the account holder Late G.Mangamma’s ABJ account conversion to SB account was not within her knowledge and the opposite party failed to prove that the conversion was done at the request of the account holder. Therefore the forum comes to a considered opinion that the 1^st opposite party committed deficiency of service and has to compensate the complainant.

11.    In the result, complaint is allowed in terms as indicated below: 

1. The 1^st opposite party is hereby directed to pay the insurance claim amount along with interest @9% from the date of repudiation ie;12-12-12 till realization to the complainant .