Delhi

East Delhi

CC/824/2015

AMINA BANO - Complainant(s)

Versus

BANK OF BARODA - Opp.Party(s)

02 Mar 2020

ORDER

                 DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, EAST, Govt of NCT Delhi

                  CONVENIENT SHOPPING CENTRE, 1^st FLOOR, SAINI ENCLAVE, DELHI 110092                                  

                                                                                                  Consumer Complaint no.        824/2015

                                                                                                  Date of Institution                23/10/2015

                                                                                                  Order Reserved on               02/03/2020

                                                                                                  Date of order written          04/03/2020

 

In matter of

Mrs. Amina Bano, w/o- Sh Maqbool

H No.-111, Maharajpur,

Link Road, Ghaziabad, 201010

 

Also at-

R/o- G378, Block G

J J Camp, Sabda, Nagloi, Delhi 110081…....………..…………….Complainant

 

                                                                 Vs

1-The Branch Manager

Bank of Baroda,

Manak Vihar, Karkarduma, Delhi-110092………………………….Opponent

 

2-The Chief Manager, Bank of Baroda

Head office- Sayaji Plaza I, Sayaji Gunj

Vadodara, 390005

 

Complainant…………………………………..Ms Nirmal Chawla

Opponent’s Advocates …………………..Mr Arvind  Kumar Tiwary

 

Quorum                                             Sukhdev  Singh        President

                                                          Dr P N Tiwari           Member                                                                                                   

                                                          Mrs Harpreet Kaur  Member

 

Order by Dr P N Tiwari, Member 

 

Brief Facts of the case

Complainant’s son opened saving bank account with OP bank/Bank of Barodaon 01/09/2014 vide account no. 26090100015060 by depositing Rs 100 cash (Ex CW1/1) and did routine transection up to 20/01/2015. He died ina train accident on 01/04/2015 (Ex CW1/2&3).

It was stated that the said account was opened under Pradhan Mantri Jan Dhan Yojna by OP bank and issued a DEBIT CARD with Accidental insurance coverage of one lakh.

Complainant filed claim for accidental insurance to OP bank alongwith copy of bank pass book, police complaint documents and post mortem copy (Ex CW1/4 &5). When no intimation received from OP bank, complainant also submitted a letter from local Member of Parliament, but no action was taken, so filed this complaint and claimed accidental insurance sum assured.

 

OP bank submitted written statement denying all allegations of deficiency on OP. It was admitted that complainant had saving bank account under Pradhan Mantri Jan Dhan Yojna (PMJDY) by depositing Rs 100/- (Ex Anne.1) and OP issued Rupay Debit Card having Accidental Insurance coverage of one lakh under said terms and conditions of OP bank (Ex Anne.2), but claim could be processed when one successful transection had been done through Rupay Debit card. Under this scheme, deceased son of complainant did not collect the card despite of reminders, so cards were sent by speed post on 19/03/2015 (Ex Anne. 3). It was also submitted that accidental insurance cover of 02 lakhs on death or permanent disability (Ex Anne. 4) was given by OP bank, but neither complainant met with any loss nor any successful transection was done through the card in the last 45 days, so there was question of considering death claim of deceased son of complainant; hence there was no deficiency in services of OP.

 

Complainant in her rejoinder denied replies of OP and stressed on facts in her complaint. She also reaffirmed her facts and evidences on her own affidavit and stated that she relied upon bank pass book, post mortem report and prayed for release of insurance amount.

 

OP submitted evidences through Naresh Jain, Chief Manager with OP and relied on evidences on record as accidental insurance was for the complainant and there was no successful transection was done under Rupay Debit Card by complainant or by deceased son. Also debit card was not collected till 19/03/2015 so card was sent through speed post. The transection done by deceased son on 20/01/2015 was through bank and does not fall under the Rupay card terms. Also no transection was done in 45 days prior to loss. OP relied on citation of National Commission in Gyan Prakash vs MTNL and in YS Verma vs Union of India, where it was held that all frivolous, vexatious and false claims be strictly discouraged. So, prayed for dismissal of complaint.

Arguments were heard from both the parties and after perusing material on record, order reserved.

We have gone through all the facts and evidences on record. It was observed that deceased son of complainant had no successful transection in 45 days prior to loss and also did not collect the Rupay Debit card which was sent by OP through speed post. Also it could not be seen any evidence whether PMJDY insurance was ever issued to claimant’s deceased son or the said debit card was in joint name. It was also seen in Anne.1 filed by OP that deceased son named Mohd Ranu had left balance in his saving account with OP Rs 1401/- on 20/01/2015 and loss/ train accident happened on 01/04/2015. Also no evidence of death was given by the complainant to OP bank. Though there was no evidence on record from complainant or OP bank that the accidental insurance amount of Rs 2 lakhs had any evidence.

 

Certainly OP had some balance with them, so we direct OP to refund the left out balance amount from the last date of entry in the balance sheet/Anne.1 with 5% interest per annum within 30 days from the date of receiving copy of this order and close the saving bank account which was in the name of deceased. We also award compensation of Rs 2000/-for harassment or mental agony. If order is not complied in time, entire awarded amount shall carry same interest till realization. There is no order to cost.

 

The first free copy of this order be sent to the parties as per regulations and file be consigned to the record room accordingly.

 

 

                 (Dr) P N Tiwari  Member                                          Sukhdev Singh  President