ANDHRA BANK Vs. GAMPALA BHARTI

JUDGEMENT

(1.) This revision petition has been filed by the petitioner against the order dated 4.4.2012 passed by the A.P. State Consumer Disputes Redressal Commission, Hyderabad (in short, 'the State Commission') in Appeal No. 433 of 2010, Andhra Bank v. Smt. Gampala Bharati & Ors., by which while dismissing the appeal, order of District Forum allowing complaint was upheld.

(2.) Brief facts of the case are that late Gampala Veeranjaneyulu, husband of the complainant No. 1 and father of complainant Nos. 2 and 3, and son of Complainant No. 4 was having a savings bank account with the appellantbank linked with life insurance policy issued by OPs 2 and 3 Insurance Company. As per the conditions in case of natural death of account holder an amount of Rs. 1 lakh was payable and in case of accidental death double the benefit was payable. He died on 31.10.2005 in a road accident. A case in crime No. 147/2005 was registered by Naidupet Police Station followed by inquest and post-mortem examination. Intimation of death was made directing them to settle the claim. However, the appellant-bank gave reply stating that neither the death intimation nor documents were received. Immediately they again gave a report on 4.11.2005 along with FIR and other documents however, the claim was not settled. Imputing deficiency in service they filed the complaint claiming Rs. 2 lakh covered under the policy together with interest, compensation and costs.

(3.) The appellant-bank resisted the case while admitting that the complainant was a nominee of her husband. There was a tie up with the Insurance Company on behalf of the account holders wherein they were entitled to certain amounts in case of death. The complainant did not intimate the death of her husband nor submitted FIR, inquest, etc. The rules and conditions stipulate that intimation of accident must be made within 90 days, and claim has to be made within 180 days. Rule 8 stipulates that the claim has to be settled by the Insurance Company and that the bank is only a facilitator. Since no documents whatsoever were submitted, bank was not liable to pay any amount. Therefore, it prayed for dismissal of the complaint with costs.