ORDER

16.05.2024

MS. NIPUR CHANDNA, MEMBER

1. In brief facts of the present case are that the complainant is the consumer under section 12 of the CP Act, 1986. It is stated that the husband of the complainant was joint holder of A/c no. 3020100000131 with OP Bank and he expired on 12.05.2009 in rail accident. It is alleged by the complainant that along with the aforesaid bank account the coverage of accident insurance to the tune of Rs. 1 Lakh was also provided in case of any accident.

2. After the death of her husband complainant sent a legal notice to OPs on 05.06.2010 thereby requesting the OPs to release the accident claim of Rs. 1 Lakh. Vide letter dated 19.06.2010 OP refused claim of the complainant. Thereafter the complainant filed the RTI application with the opposite party to verify the facts and status of her claim. It is further alleged by the complainant that the aforesaid account was opened in campaign period with the privilege of accidental insurance of Rs. 1 Lakh but OP arbitrarily and illegally rejected the claim. Being aggrieved with the repudiation, the complainant approached this commission for redressal of her grievance.

3. Notice of the complaint was sent to OP. OP filed its written statement thereby denying any deficiency in service on its part. It is further stated that the account in question was opened in campaign period with a privilege of insurance cover of Rs. 1 Lakh but the said insurance cover of Rs. 1 Lakh was applicable only for the first year from the date of opening of the account and in the name of first account holder. As the husband of the complainant got expired on 12.05.2009 the aforesaid insurance coverage cannot be granted as it is not within first year of the opening of the account. It is further stated that OP has diligently deal with the claim of the complainant and had repudiated the same as per the terms and condition applicable on the saving accounts opened during campaign period. It is further stated that the present complaint be dismissed with cost being frivolous one.

4. Rejoinder to the written statement of OP filed by complainant thereby denying the averments made in the written statement.

5. One Sh. Narender kumar Special Attorney filed evidence by way of affidavit on behalf of complainant. Complainant has placed on record copy of legal notice dated 05.06.2010, RTI application dated 25.01.2011, original reply dated 21.02.2011, 14.03.2011 sent by OP in response to the RTI application, copy of bank account statement as well as the circular dated 09.06.2007, copy of the newspaper in support of her contention.

6. Ms. Poonam Batra Sr. Branch Manager filed her evidence by way of affidavit on behalf of OP Bank.

7. Both the parties filed their respective written arguments. Case pertains to the year 2012. Despite several opportunities neither the complainant nor the OP counsel came forward to address the arguments. We have perused the record.

8. The sole question for our consideration in the present complaint is whether the rejection of the accident claim of complainant by OPs was justified or not.

9.  It is not disputed that the complainant is the saving account holder of OP bank vide account no. 3020100000131 and the aforesaid account was opened by her jointly with her husband during campaign period. Complaianant has placed on record the circular dated 09.06.2007 issued by Retail Banking Department in respect to the account opening campaign and its terms and conditions.  As per the circular dated 09.06.2007 the aforesaid campaign was carried out for motivating the customer to open the bank accounts. While rejecting the claim of the complainant OP had stated that as per the terms and conditions mentioned in circular dated 09.06.2007 the personal accidental insurance coverage of Rs. 1 Lakh is applicable for first year and as the complainant husband died in the second year of the opening A/c the insurance coverage cannot be granted  and the claim is rightly rejected.

10. We have carefully gone through the circular dated 09.06.2007 the relevant contents which are reproduced are as under:

CUSTOMER MOTIVATION SCHEME:

Following benefits will be available to the customer during campaign period:

• Saving account opened during the campaign period will be eligible for free personal accidental insurance cover of Rs. 1 Lakh, and
• 50% concession in usual annual maintenance charges (AMC) on demat for first year.

11. The bare perusal of the aforesaid clause makes it clear that the privilege of accidental insurance coverage is applicable to bank accounts holders for first year only.

12. Admittedly, in the present complaint case the aforesaid account opened with OP on 20.07.2007 and the husband of the complainant died on 12.05.2009. Since the complainant’s husband got expired in the 2^nd year of the opening of bank account the aforesaid privilege of accidental insurance got expired before the death of the saving account holder. The OP Bank while dealing with the claim of the complainant acted within the four corners of the circular dated 09.06.2007 and rejected the claim of the complainant. We therefore find no deficiency in service on the part of OPs and we are of the considered opinion that repudiation is justified.

13. In view of the above discussion, we are of the considered opinion that complainant failed to establish any deficiency in service on the part of OP, the present complaint is therefore dismissed, being devoid of merit.

File be consigned to record room.

14. Copy of the order be given to the parties free of cost as per order dated 04.04.2022 of Hon’ble State Commission after receiving an application from the parties in the registry. The orders be uploaded on www.confonet.nic.in.

Announced in open Commission on  16.05.2024.

SANJAY KUMAR                       NIPUR CHANDNA                                  RAJESH

       PRESIDENT                                   MEMBER                                      MEMBER