Orissa

Malkangiri

CC/36/2019

Shyamaghna Nag, - Complainant(s)

Versus

Branch Manager, Bank of Baroda, - Opp.Party(s)

Self

02 Sep 2020

ORDER

Heading1
Heading2
 
Complaint Case No. CC/36/2019
( Date of Filing : 01 Jun 2019 )
 
1. Shyamaghna Nag,
aged about 30 years, S/o Late Laxmidhar Nag, Resident of Block Colony, Malkangiri, P.O. /P.S./ Dist. Malkangiri.
...........Complainant(s)
Versus
1. Branch Manager, Bank of Baroda,
Malkangiri, At /P.O. /P.S./Dist. Malkangiri.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MRS. Sabita Samantray PRESIDING MEMBER
 HON'BLE MR. Rajesh Chodhuri MEMBER
 
For the Complainant:
For the Opp. Party:
Dated : 02 Sep 2020
Final Order / Judgement
  1. Brief fact of the case of complainant is that his late mother Kuntala Nag was having saving bank account with the O.P vide a/c no. 46560100011365 under the Prime Minister Jivan Jyoti Bima Yogana (in short PMJJBY) scheme with zero (0) balance with an assurance of availing of insurance benefits for Rs. 2,00,000/- without any investment and for further renewal of insurance benefits an amount of Rs. 330/- is required to deposit.  It is alleged that after death of his mother Kuntala Nag on 10.04.2018, he applied for insurance benefits with the O.P., but the O.P. denied to settle the insurance claim stating that no amount was received from his late mother for insurance coverage.Further it is alleged that while on demand of entire document alongiwth application form which were submitted by her late mother, the O.P. denied to provide the same.Thus with other allegation showing deficiency in service, he filed this case with a prayer to settle the insurance claim of Rs. 2,00,000/- alongwith Rs. 50,000/- and Rs. 20,000/- towards compensation and costs to him.
  1. The O.P. appeared through their Ld. Counsel and filed their counter admitting the existence of saving bank account of late mother of complainant with them vide a/c no. 46560100011365, but denied the other allegations contending that at the time of opening of such account Kuntala Nag was aged about 53 years old and as per the criteria of the alleged insurance scheme the age limit for entering into such scheme is of 18 to 50, hence the late mother of complainant is not covered under any insurance scheme and complainant is not entitled for any insurance benefits.  Thus showing no deficiency on their part, they prayed to dismiss the case.
  1. Parties have filed their respective documents in support of their submissions.  Perused the case record and material documents available therein.
  1. In the instant case every points are admitted by both parties except regarding the age factor of Kuntala Nag, which is only a disputed one.  At the time of argument, complainant argued that since her late mother was not literate and the O.P. have never intimated her about the criteria for availing insurance coverage but only they have assured for insurance coverage.  Whereas the A/R for O.P. argued that they have already elaborated about the criteria of availing insurance coverage and since she is already crossed the age of 50, as such she is not entitled for any insurance coverage.In this connection, we have gone through the documents filed by the O.P. i.e. applicant form and Aadhar Card submitted by Kuntala Nag at the time of opening of her saving account vide a/c no. 46560100011365with the O.P.It is ascertained that in the application form her date of birth is mentioned as 02.10.1963 and also the Aadhar reflects the same, from which it is crystal clear that the age of Kuntala Nag as on 26.04.2016 the date of opening of account, is 53 years.Further we have gone through the rules for PMJJBY criteria wherein it is mentioned that “Eligibility of Conditions “ (a) The savings bank account holders of the participating bank aged between 18 years (completed) and 50 years (age nearer birthday) who give their consent to join / enable auto-debit, as per the above modality, will be enrolled into the scheme.” From which it is crystal clear that any account holder who intends to participate in the said scheme must be above 18 years and below 50 years.Hence we think, as per such criteria of PMJJBY, the deceased Kuntala Nag was not covered under the alleged insurance scheme and the complainant is not entitled any insurance benefits against the death of his mother.Hence this order.

ORDER

Considering the above observation, the complaint petition is herewith dismissed having no merit.  Parties to bear own costs.

Pronounced in the open Forum on this the 2nd day of September, 2020.

Issue free copy to the parties concerned.

 
 
[HON'BLE MRS. Sabita Samantray]
PRESIDING MEMBER
 
 
[HON'BLE MR. Rajesh Chodhuri]
MEMBER
 

Consumer Court Lawyer

Best Law Firm for all your Consumer Court related cases.

Bhanu Pratap

Featured Recomended
Highly recommended!
5.0 (615)

Bhanu Pratap

Featured Recomended
Highly recommended!

Experties

Consumer Court | Cheque Bounce | Civil Cases | Criminal Cases | Matrimonial Disputes

Phone Number

7982270319

Dedicated team of best lawyers for all your legal queries. Our lawyers can help you for you Consumer Court related cases at very affordable fee.