PER SHRI.ATUL D.ALSI, HON’BLE PRESIDENT 1. The complainant has filed this complaint against non-settlement of Insurance claim under Pradhan Mantri Suraksha Bima Policy due to mistake committed by the OP Bank in mentioning correct date of birth of deceased mother of the complainant, and thereby claiming insurance claim of Rs.2 lac along with compensation of Rs.25,000/- for mental torture with costs of litigation Rs.20,000/-. Facts, in brief, are as under.. 2. The complainant’sdeceased mother Shakuntala Ganpatrao Belekar was a Saving Bank account holderbearing No.308201000001103, of OP Bank. Said Shakuntala was insured with the Universal Shampu Insurance Co. by the OP Bank under Central Governmentinsurance scheme,Pradhan Mantri Suraksha Bima Policy, by paying yearly premium of Rs.12/- regularly under auto debit premium paid system of OP Bank, who acted as an agent for insuring complainant’s mother.The complainant is the nominee under said policy. A premium of Rs.12/- had been debited on 3/6/2015 and on 25/5/2016 for the year 2915 and 2016 respectively by the OP Bank. However, for the year 2017 and onwards, the OP Bank did not deduct said amount of premium from her account and did not remit it to the Insurance Company, holding that the Insured Shakuntalabai has attained age of 70 years, which is the maximum age limit applicable to the said insurance scheme. The complainant’s mother died on 11/5/2019 in a motor vehicle accident. However, as the OP Bank had already stopped deducting premium from her account and remitting it to the insurance company, the insurance claim under the policy could not be adjudicated and disbursed. It is alleged by the complainant that though his mother had mentioned her year of birth in the account opening form as 1949, in the Banking system of OP, her date of birth is erroneously shown as 6/1/1947. In the Election Voter I.D.Card, her year of birth is shown as 1949 while in the Adhar Card, her date of birth is mentioned as 1/9/1956. However, the OP Bank has wrongly mentioned the date of birth in their Banking system as 6/1/1947 without verifying the documentary evidence and hence the Bank wrongly came to the conclusion that the deceased Shakuntala has completed 70 years of age and as such is ineligible for the said insurance cover. The OP Bank, without informing anything to the deceased policy holder, stopped deduction and remittance of premium amount from her account. Due to negligent act of OP Bank the complainant could not get the insurance claim, and therefore, he is entitled for the amount of insurance claim along with compensation and cost. Hence he has filed the present petition. 3. After admission of the complaint, notice was served on the OP andin response to the notice, the OP Bank, appeared before this Commission and filed its written statement. In the written statement, the OP Bank denied allegations as against it and took a preliminary objection that the deceased Shakuntala had obtained her insurance policy from Universal Shampu Insurance Company and as such, said company is a necessary party to the proceeding. However, the complainant did not join it in the proceeding and as such the complaint is liable to be dismissed for non-joinder of necessary party. The OP Bank submitted that deceased mother of the complainant had opened a Saving Bank account on 17/10/2014 and in the account opening form, had mentioned her date of birth as 1/9/1947 and she had also opted for Pradhan Mantri Suraksha Bima Yojna. As per stipulations of the Scheme, the scheme is applicable only upto 70 years of age. Hence the OP Bank deducted yearly premium of Rs.12/- for two years i.e.2015 and 2016 and as the account holder attained age of 70 years in 1917, stopped to deduct and remit insurance premium from her account as per policy conditions. As the mother of complainant died on 11/5/2019 in a motor accident, she was not covered under the policy being age barred for the policy. Hence the complainant is not entitled for any benefit under the policy. Further, the settlement of insurance claim is the responsibility of Insurance Company and the OP Bank has no role to play therein. On this count also the OP Bank prayed for dismissal of complaint against it. 4. We have perused the complaint, Written statement, affidavits and supporting documents filed by both the parties. After careful scrutiny thereof, we record our findings to the issue of deficiency in service as under, REASONING
5. From the rival pleadings, it is clear that the deceased mother of the complainant Shakuntala had opened a Saving Bank account with the OP Bank on 17/10/2014 and in the account opening form, had mentioned her date of birth as 1/9/1947. Said Shakuntala had submitted two documents i.e. Election Voter I.D. Card and Adhar card with the account opening form. The election voter I.D. Card mentions the year of birth of deceased Shakuntala as 1949 while in the Adhar card,her date of birth is mentioned as 1/9/1956. Hear, it is pertinent to note that the deceased account holder was an illiterate person living in a small village. That being so and there being apparent difference in year of birth mentioned in the two documents attached to the account opening form, OP Bank was required to verify her exact date of birth. However, the OP failed to do so. Mother of complainant died on 11/5/2019 in a motor accident, but the insurance claim under the policy could not be adjudicated as the OP Bank had already stopped remitting insurance premium to the insurance company, wrongly holding her to be age barred for the policy. Though the mistake on the part of OP is not intentional, it is an irregularity, on the other hand it was the negligency on the part of complainant or legal heir to point out the non deduction of insurance premium amount by the bank as per verification of entries in pass book and get it corrected as per availability of proof of age from bank. But lastly it is admitted position that the claimant is deprived from the insurance benefit or non renewal of policy. Therefore, in our considered view, the OP Bank is liable to pay Rs. 20,000/- to the complainant towards compensation for mental torture and agony and cost of litigation amounted to Rs. 10,000/-. 6. In furtherance of our observations as above, we proceed to pass the following order.. ORDER 1. The complaint No.CC/20/145 is partly allowed. 2. The OP Bank shall to the complainant an amount of Rs. 20,000 /- towards compensation for mental agony and cost of litigation amounted to Rs.10,000/-. - Copy of the order be furnished to the parties free of cost.
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