J M UPPAL Vs. CHANDIGARH ADMINISTRATION
LAWS(NCD)-2006-9-46
NCDRC
Decided on September 26,2006

ANDHRA BANK Appellant
VERSUS
MUDUNURI BABY SAROJINI Respondents

JUDGEMENT

M.B.Shah, President - (1.)This revision petition is filed by Andhra Bank against the judgment and order dated 3.11.2004 passed by the State Consumer Disputes Redressal Commission, Andhra Pradesh, in Appeal No. 732 of 2002. By the impugned order the State Commission affirmed the order dated 6.8.2002 passed by the District Forum, West Godawari at Eluru in C.D. No. 16 of 2002. By the said order the District Forum has directed the petitioner, Andhra Bank, to pay a sum of Rs. 5 lakh to the complainant on the basis of insurance cover given to the assured on the basis of the deposit of Rs. 5,200.
(2.)It is the case of the complainant that her husband, late Naga Perraju, joined as a member of the 'Abhaya Platinum Scheme' on 27.7.2000 floated by the Andhra Bank and deposited an amount of Rs. 5,200. As per the terms of the scheme, the Andhra Bank assured the depositors coverage of Rs. 5,00,000 for a period of one year from the date of opening of account. The complainant's husband died on 10.7.2001 due to snakebite. The complainant being the legal heir and nominee requested the Andhra Bank to settle the claim through her letter dated 27.7.2001.
(3.)The Andhra Bank gave the reply dated 30.7.2000 stating that 'Abhaya Platinum Scheme' was closed on 16.12.2000 and expressed its inability to send the claim form. Hence, the complainant addressed a letter dated 28.8.2001 to the Insurance Company, opposite party No. 2 before the District Forum, to send the claim form but the Insurance Company has informed that the period of the policy has expired by 31.5.2001 and did not send the claim form. The complainant, therefore, got issued legal notices to the bank and the Insurance Company on 3.10.2001. The Insurance Company sent a reply dated 15.10.2001 infoming that the scheme was closed on 16.12.2000 as per the settlement between the bank and the Insurance Company. The complainant, therefore, approached the District Forum, Eluru, for appropriate relief.


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