JUDGEMENT

 Mr. Purna Chandra Mishra, President.

 Complainant Bharat Mirdha has filed this case U/s 35 of the C.P.Act 2019 alleging deficiency in service on the part of the OP for nonpayment of the insured amount and praying therein for a direction to the OP to pay a sum of Rs.2,00,000/- towards insurance claim, Rs.10,000/- towards harassment and  a sum of Rs.5000/- towards cost of litigation.

1.           Brief fact leading to the case is that the wife of the complainant Late Sukanti Mirdha was insured by the OP under Pradhan Mantri Jivan Jyoti Bima Yojana on 09.02.2021. the Premium amount was deducted by the OP Bank from her saving bank account 643502130000389. During the subsistence of the policy the insured died on 17.03.2021. Complainant lodged the claim after the death of his wife but the OP did not pay the insured amount after several approaches for which he has filed this case before this commission for the reliefs as discussed above.
2.           Notice was issued to the OP. but after receipt of notice even though the OP appeared through his Advocate but did not file written statement nor challenged the allegation raised against him in any manner.
3.           The only point for adjudication of this case is whether the OP has caused deficiency in service by not paying the insured amount of  the complainant to his deceased wife ?

It is seen from the copy of the S.B. Pass book that a sum of   Rs.12(twelve) only and a sum of Rs.172/- (one hundred seventy two) only been deducted by the bank on 09.01.2021 towards “PMJJBY”( Prime Minister Jivan Jyoti Bima Yojana) for the period from 09.02.2021 to 31.05.2021. From the death certificate issued by the Registrar , Birth and Death , Khariar Road CHC that Sukanti Mirdha has died on 17.03.2021. So it clear from the documents on record that the OP bank has deducted a sum of Rs.184/- (one hundred eighty four)  only from the SB account of the deceased on 09.02.2021 towards premium for “PMJJBY”.

4.           As the OP has deducted the premium from the account of the petitioner towards insurance he is liable to pay the insured amount to the husband of the petitioner and non-payment thereof amounts to deficiency in service and the poor rustic complainant has been sufficiently harassed by the OP bank by making him run from pillar to post to get his genuine dues.
5.           It is also seen from the passbook that after the death of the account holder a sum of Rs.342/-(12.00-330.00) (Three hundred forty two) only has been deducted from the account of the deceased towards insurance premium for “PMJJBY”on 25.05.2021 which is an act of carelessness on the part of the OP.
6.           As a case of deficiency in service coupled with harassment is made out against the OP he is liable to compensate the complainant and hence the order.

O R D E R

The Complaint petition is allowed on contest against the OP. He is made liable for causing deficiency in service and harassment to the petitioner. The OP is directed to pay a sum of Rs.2,00,000/-(Two lakhs) only to the complainant with interest @10 % per annum from the date of death of the insured i.e. 17.03.2021 till it is actually paid to the complainant. The OP is further directed to pay a sum of Rs.20,000/-(Twenty thousand) only towards compensation for deficiency in service and harassment and a sum of Rs.5,000/-(Five Thousand) only towards cost of litigation.