BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMRITSAR.

Consumer Complaint No. 270 of 2015

Date of Institution: 28.04.2015

Date of Decision: 20.01.2016

Gurvinder Singh son of late S.Major Singh, resident of VPO Khiala Kalan, P.S.Lopoke, Tehsil: Ajnala, District Amritsar at present H.No.28, New Ashok Vihar, Ram Tirath Road, Amritsar.

Complainant

Versus

1. Axis Bank, Branch Putlighar, Amritsar through its Branch Head.
2. New India Assurance Company Limited, DO 112700, 2^nd Floor, Mittal Chambers, Nariman Point, Mumbai-400021.

Opposite Parties

Complaint under section 11, 12 and 13 of the Consumer Protection Act.

Present: For the Complainant: Sh.Raj Pal Chaudhary, Advocate

              For the Opposite Party No.1: Sh.H.S.Chauhan, Advocate

              For the Opposite Party No.2: Sh.Vikas Mahajan, Advocate

Quorum:

Sh.Bhupinder Singh, President

Ms.Kulwant Kaur Bajwa, Member

Mr.Anoop Sharma, Member  

Order dictated by:

Sh.Bhupinder Singh, President.

1. Present complaint has been filed by Sh.Gurvinder Singh under the provisions of the Consumer Protection Act alleging therein that the complainant is having joint account bearing No.912010067962009 with his father Major Singh with Opposite Party No.1 and also Debit Card bearing No.417917002916289 valid upto 31.12.2018. Complainant alleges that while issuing the said Debit Card by Opposite Party No.1, it was informed that Personal Accident Insurance Cover of Rs.2 lacs was given to him on behalf holder of ATM-Cum Debit Card of Opposite Party No.1. On 6.8.2014, Major Singh father of the complainant met with an accident at Ram Tirath Road Adda while he was driving on his bike by hitting  with some unknown vehicle due to which, Major Singh succumbed and died on the spot. Complainant took his father Major Singh to Ranjit Hospital, Amritsar where he was declared as dead by the doctor of said hospital. The matter was also reported to the police of P.S.Lopoke, Amritsar and DDR No 606-5D dated 20.9.2014 was registered regarding the said accident. Post mortem of Major Singh could not be performed due to emotions of family. After the death of Major Singh, the complainant approached Opposite Party No.1 regarding the claim of said accident, but the officials of  Opposite Party No.1 told the complainant that Major Singh was covered with Opposite Party No.2 and asked him to lodge his claim regarding the death of Major Singh with Opposite Party No.2. After that the complainant being nominee of deceased Major Singh, has submitted all the documents alongwith claim form with Opposite Party No.1 to be forwarded the same to Opposite Party No.2. The claim form was lodged by complainant on 24.9.2014, but till today, no claim has been sanctioned by Opposite Party No.2, rather they have been harassing the complainant and dilly delaying the matter on one pretext or the other. Alleging the same to be deficiency in service, complaint was filed seeking directions to the Opposite Parties  to release the amount of accidental policy to the tune of Rs.2 lacs alongwith interest.  Compensation and litigation expenses were also demanded.
2. On notice, Opposite Party No.1 appeared and filed written version in which it was submitted that the present complaint is bad for mis-joinder of the parties and the Opposite Party No.1 has been wrongfully joined as party to complaint as the Opposite Party No.1 has not provided any service to the complainant and the contract of insurance is between Opposite Party No.2 and the complainant. Opposite Party No.1 is not in the business of insurance. The role of Opposite Party No.1 is only of a facilitator/ referral agent and the actual insurance is issued by Opposite Party No.2. Opposite Party No.1 forwarded the claim of the complainant to Opposite Party No.2 and thereafter, Opposite Party No.2 had sent a list of documents to Opposite Party No.1 which was required by the complainant to submit to Opposite Party No.2 through Opposite Party No.1. Opposite Party No.1 had informed the complainant about the list of documents to be submitted and only acted as a Corporate agent/ facilitator by submitting the insurance claim documents to Opposite Party No.2 from the complainant. Opposite Party No.1 Bank had time and again informed the complainant about list of pending documents to be submitted to Opposite Party No.2. Opposite Party No.1 repeat and reiterate that the role of Opposite Party No.1 is only as a corporate agent/ facilitator and the actual insurance is issued by Opposite Party No.2 and as such the complaint can not be filed against Opposite Party No.1 and the same is liable to be dismissed.  While denying and controverting other allegations, dismissal of complaint was prayed.
3. Opposite Party No.2 appeared and filed written version in which it was submitted that it is denied that on 6.8.2014, Major Singh father of the complainant met with an accident at Ram Tirath Road, Adda while he was driving his bike. It is also denied that he was hit by some unknown vehicle due to which he succumbed and died on the spot. It is also denied that the complainant took his father Major Singh to Ranjit Hospital, Amritsar where he was declared as dead. It is also denied that matter was also reported to Police of P.S.Lopoke, Amritsar and the police lodged the DDR No. 606-5D dated 20.9.2014. Moreover, as alleged in the complaint DDR has been lodged on 20.9.2014 i.e. after delay of more than one month of the accident. Major Singh did not die due to any accident and due to this very reason, post mortem of Major Singh was not performed. It is also denied that after the death of Major Singh, the complainant approached Opposite Party No.1 regarding the claim of said accident, but the officials of Opposite Party No.1 told the complainant that Major Singh was covered by Opposite Party No.2 and asked him to lodge his claim regarding death of Major Singh with Opposite Party No.2. It is also denied that complainant being nominee of deceased Major Singh has submitted all the documents alongwith claim form with Opposite Party No.1 to be forwarded the same to Opposite Party No.2. Moreover, the claim has not been passed by Opposite Party No.2 on the ground that the complainant has not submitted the required  documents till date despite of repeated reminders on 10.10.2014, 13.10.2014, 19.12.2014 and 30.12.2014 by Opposite Party No.2. The complainant has not submitted the copy of post mortem report and copy of driving licence of deceased Major Singh. The complainant has not conducted post mortem of deceased Major Singh and has concocted the story that the driving licence of deceased Major Singh was stolen at the time of accident. Without post mortem, cause of death can not be ascertained. As per the terms and conditions of the policy, the accident should be caused by violent, external and visible means. While denying and controverting other allegations, dismissal of complaint was prayed.
4. Complainant tendered into evidence his affidavit Ex.CW1/A alongwith documents Ex.C1 to Ex.C14 and closed the evidence on behalf of the complainant.
5. Opposite Party No.1 tendered into evidence affidavit of Sh.Mohit Arora Ex.OP1/1 alongwith documents Ex.OP1/2 to Ex.OP1/4 and closed the evidence on behalf of the Opposite Party No.1.
6. Opposite Party No.2 tendered into evidence affidavit of Sh.Sukhdev Singh Gill Ex.OP2/1 alongwith documents Ex.OP2/2 to Ex.OP2/4 and closed the evidence on behalf of Opposite Party No.2. 
7. We have carefully gone through the pleadings of the parties; arguments advanced by the ld.counsel for the parties and have appreciated the evidence produced on record by both the parties with the valuable assistance of the ld.counsel for both the parties.
8. From the record i.e. pleadings of the parties and the evidence produced on record by the parties, it is clear that the complainant has joint account bearing No.912010067962009 with his father Major Singh with Opposite Party No.1. Opposite Party No.1 bank has issued Debit Card bearing No.417917002916289 which is valid upto 31.12.2018. While issuing the said Debit Card, Opposite Party No.1 also gave  Personal Accident Insurance Cover of Rs.2 lacs to the  holder of ATM-Cum Debit Card of Opposite Party No.1 and the said insurance was covered by Opposite Party No.2 as is evident from the letter Ex.C5 issued by Opposite Party No.1.  Major Singh father of the complainant met with an accident on 6.8.2014 at Ram Tirath Road Adda while he was driving on his motor cycle which was hit by some unknown vehicle, as a result of this accident, said Major Singh succumbed and he was taken to Ranjit Hospital, Amritsar where he was declared as dead by the doctor of said hospital. Complainant submitted that the matter was reported  to P.S.Lopoke, Amritsar on 19.9.2014 vide letter Ex.C9 on the basis of which, DDR No 606-5D dated 20.9.2014 was registered. Complainant submitted that Post mortem of Major Singh could not be performed due to emotions of family. Thereafter, the complainant approached Opposite Party No.1 regarding the claim of said accident, but the officials of  Opposite Party No.1 told the complainant that Major Singh was covered by Opposite Party No.2 and asked the complainant to lodge his claim regarding the death of Major Singh with Opposite Party No.2. The complainant lodged the claim with Opposite Party No.2 vide claim form Ex.C2. Opposite Party No.1 also wrote letter dated Nil Ex.C7 to Opposite Party No.2 regarding the accidental death claim of Major Singh, but the Opposite Party No.2 did not settle the accidental death claim of Major Singh. Ld.counsel for the   complainant  submitted that all this amounts to deficiency of service on the part of the Opposite Party No.2 qua the complainant.
9. Whereas the case of the Opposite Party No.2 is that father of complainant namely Major Singh never met with an accident on 6.8.2014 at  Ram Tirath Road while driving his bike. They also denied that some unknown person hit the motor cycle of Major Singh, as a result of which, he succumbed and died on the spot as alleged by the complainant. Opposite Party No.2 also denied that the matter was reported to P.S.Lopoke on 19.9.2014 whereas the alleged DDR has been lodged on 20.9.2014 after delay of more than one month after the alleged accident. Therefore, Major Singh did not die due to any accident. Opposite Party No.2 also denied that claim form was lodged by complainant with Opposite Party on 24.9.2014. The complainant has not submitted the required documents despite so many reminders issued by Opposite Party No.2. The complainant has not submitted the copy of post mortem report, copy of driving licence of deceased Major Singh as he was driving motor cycle at the time of alleged accident. Opposite Party No.2 further denied that driving licence of deceased Major Singh was stolen at the time of accident. Further the complainant has also failed to prove on record that at the time of  accident, any external or visible injury on the body of deceased Major Singh caused by violent, external and visible means. Opposite Party No.2 submitted that the complainant has concocted the story to abstract  money from the Opposite Party. Ld.counsel for Opposite Party No.2 submitted that the Opposite Party No.2 has rightly repudiated the claim of the complainant regarding the accidental claim of Major Singh and treated the same as ‘no claim’ vide letter dated 1.1.2015 Ex.OP2/4 which was duly conveyed to the complainant. Ld.counsel for the opposite party No.2 submitted that there is no deficiency of service on the part of the Opposite Party No.2.
10. Whereas the case of Opposite Party No.1 is that Major Singh was duly insured with Opposite Party No.2 on the basis of AXIS Bank card issued to Major Singh. Opposite Party No.1 admitted that the complainant approached Opposite Party No.1 for lodging the claim with Opposite Party No.2 and the Opposite Party No.1 Bank forwarded the claim of the complainant to Opposite Party No.2 alongwith list of documents vide letter dated Nil Ex.C7. Opposite Party No.1 further  submitted that they had time and again informed the complainant about the list of pending documents to be submitted to Opposite Party No.2. Opposite Party No.1 repeatedly  and reiterate that the role of Opposite Party No.1 is only as a corporate agent/ facilitator and the actual insurance is issued by Opposite Party No.2 and as such the complaint can not be filed against Opposite Party No.1, but the complainant has wrongly dragged Opposite Party No.1 in this complaint. Ld.counsel for the opposite party No.1 submitted that there is no deficiency of service on the part of the Opposite Party No.1.
11. From the entire above discussion, we have come to the conclusion that the complainant had joint account bearing No.912010067962009 with his father Major Singh with Opposite Party No.1. Opposite Party No.1 bank has issued Debit Card bearing No.417917002916289 which is valid upto 31.12.2018 and they were covered under the  Personal Accident Insurance policy to the tune of  Rs.2 lacs being the account  holder of ATM-Cum Debit Card of Opposite Party No.1 as per letter Ex.C5 issued by Opposite Party No.1. Complainant alleges that on 6.8.2014 father of the complainant namely Major Singh met with an accident at Ram Tirath Road when he was driving his bike which was hit by some unknown vehicle, as a result of which he succumbed and died on the spot. The complainant took his father Major Singh to Ranjit Hospital, Amritsar  where he was declared dead. The matter was reported to the police of P.S.Lopoke on 20.9.2014 on the basis of which, DDR No.606-5D dated 20.9.2014 was registered. Complainant submitted that post mortem of Major Singh could not be performed due to emotions of the family. Complainant approached Opposite Party No.1 for accidental insurance claim of Major Singh vide letter dated 19.8.2014 Ex.C8 and Opposite Party No.1 Bank referred the insurance claim case of Major Singh deceased to Opposite Party No.2 vide letter dated Nil Ex.C7. Opposite Party No.2 treated the claim case of  Major Singh vide letter dated 1.1.2015 Ex.OP2/4 as ‘no claim’ on the ground that the complainant did not supply the post mortem report nor supplied the driving licence or extract of driving  licence as deceased Major Singh allegedly died as a result of accident while driving his motor cycle.
12. The complainant has alleged that on 6.8.2014 father of the complainant namely Major Singh met with an accident at Ram Tirath Road when he was driving his bike and was hit by some unknown vehicle as a result of which he suffered injuries and died on the spot. But the complainant has failed to prove on record any evidence that father of the complainant met with an accident on 6.8.2014 while he was driving his bike. The complainant has failed to mention the exact place of accident as Ram Tirath Road is very long road. Moreover, the complainant has not mentioned the registration certificate number of the bike, its make. The complainant has also failed to mention whether Major Singh was competent to drive the bike i.e. whether he was holding valid and effective driving licence at the time of alleged accident. Moreover, the manner in which said accident took place is controversial because the complainant in this complaint has submitted that this accident took place when some unknown vehicle hit the motor cycle of Major Singh deceased, whereas in the report to the police i.e. DDR No. 606-5D dated 20.9.2014 it was mentioned by Gurvinder Singh complainant himself that this accident took place as the handle of the motor cycle became uncontrolable by Major Singh and he fell down. It was not mentioned in DDR by the complainant that some unknown vehicle hit the motor cycle of Major Singh as a result of which, this accident took place. In the complaint, the complainant has stated that as a result of this accident, Major Singh succumbed and died on the spot whereas in the report to the police Ex.C9, it has been mentioned that Major Singh fell ill and suffered head injury as a result of which  he died. Major Singh was taken to Ranjit Hospital, Amritsar where he was declared brought dead as per certificate Ex.C13, but the complainant could not produce any evidence whether Major Singh suffered any injury from accident caused by outward, violent and visible means. No post mortem on the dead body of  Major Singh was got conducted. So, the complainant has failed to prove on record the cause of death of Major Singh. The complainant has produced on record the statement of Gursahib Singh Ex.C10 and Harpal Singh Ex.C11 recorded by the police and that too after a lapse of period of  1 ½ months from the date of accident. The statements recorded by the police are not considered to be reliable and the complainant has failed to produce affidavits of these witnesses on record to prove that Major Singh died as a result of accident. Moreover, these statements have been recoded after a lapse of period of 1 ½ months from the date of  accident. Further, in these statements, said witnesses have stated that one person fell down from motor cycle due to uncontrol of its handle who was later on identified as Major Singh. But they never reported the matter to the police or any other authority.
13. Further in the report to the police Ex.C9 the complainant has nowhere stated that the driving licence of the complainant was stolen at the time of accident. Moreover, nowhere in the complaint, the complainant has stated that Major Singh was holding valid and effective driving licence to drive the motor cycle at the time of alleged accident on 6.8.2014. The complainant was asked by Opposite Parties to provide the driving licence of Major Singh or the particulars of the driving licence of Major Singh so that it could be got confirmed from the Licencing Authority that deceased Major Singh was holding valid and  effective driving licence at the time of alleged accident on 6.8.2014, but the complainant neither furnished the driving licence nor particulars of the driving licence of Major Singh to the Opposite Parties. As per the terms and conditions of the policy Ex.Op1/3, the complainant was bound to supply the attested copy of Driver’s licence in case of motor/ vehicular accident where the deceased was driving. All this shows that Major Singh was not holding any valid driving licence to drive the motor cycle at the time of alleged accident on 6.8.2014. It has been held by Hon’ble State Commission, Punjab, Chandigarh  in case titled as: Life Insurance Corporation of India Vs. Anju Hunjan, 2004(1)CPJ 219  that where in case of accident, benefit under insurance, no post mortem conducted on the dead body of deceased, no external injury found  on dead body, therefore, accidental death had not proved and the company was held not liable to pay accidental benefit. It has been held by Hon’ble National Commission, New Delhi in case titled as: LIC of India Vs. Surekha Rudranath Autade in 2008(2) CPJ 338 that where no evidence brought on record to prove that deceased died due to bodily injury from accident caused by outward, violent and visible means, heirs of deceased not entitled to accidental benefit. Further, it has been held by Hon’ble Supreme Court of India in case titled as: Sardari & Ors.Vs. Sushil Kumar & Ors. In Civil Appeal No. 1733 of 2008 (Arising out of SLP © No.19965 of 2004, decided on 4.3.2008 that it is obligatory on the part of the complainant to prove that the driver of the vehicle  was holding valid and effective driving licence at the time of accident. But in the present complaint, the complainant has failed to prove on record that Major Singh was holding valid and effective driving licence at the time of alleged accident.
14. Consequently,  we hold that the Opposite Party No.2 was justified in repudiating the claim of the complainant vide letter dated 1.1.2015.
15. Resultantly the complaint is held without merit and the same is hereby dismissed with no order as to cost. Copies of the order be furnished to the parties free of cost. File is ordered to be consigned to the record room. Case could not be disposed of within the stipulated period due to heavy pendency of the cases in this Forum.

Dated: 20.01.2016.                                                             (Bhupinder Singh)                                                                                                                                                                                                          President

hrg                                                (Anoop Sharma)     (Kulwant Kaur Bajwa)   

                                                 Member                         Member