DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

PATIALA.

                                      Consumer Complaint No. 330 of 1.9.2017

                                      Decided on: 8.10.2024

1. Ranjit Kaur wife of Late Chanan Singh
2. Jatinder Singh s/o Late Chanan Singh
3. Sukhjinder Singh S/o late Chanan Singh

All residents of village Bhadson, Tehsil Nabha, District Patiala, Punjab.

                                                                   …………...Complainants

                                      Versus

Canara Bank through its Branch Manager having Branch Office at village Bhadson, Tehsil Nabha, District Patiala.

                                                                   …………Opposite Party

Complaint under the Consumer Protection Act

QUORUM

                                      Sh.Pushvinder Singh, President

                                      Sh.G.S.Nagi, Member   

ARGUED BY

                                      None for the complainants

                                      Sh.Y.R.Mangla, counsel for the OP.                             

 ORDER

                                      G.S.NAGI, MEMBER

1. The instant complaint is filed by Smt.Ranjit Kaur alongwith her sons Jatinder Singh and Sukhjinder Singh, wife and sons of late Chanan Singh       (hereinafter referred to as the complainant) against Canara Bank (hereinafter referred to as the OP/s) under the Consumer Protection Act ( for short the Act).
2. It is averred in the complaint that the complainants are the legal heirs of late Chanan Singh s/o Balbir Singh. That late Chanan Singh was availing services of OP having had account No.5540119000723 with the OP bank. Chanan Singh died in an accident occurred on 13.3.2017.
3. It is alleged that late Chanan Singh was employed in the office of Punjab State Power Corporation Ltd as an Assistant Lineman and had opened an account with the OP who also offered a Personal Accidental Death Policy to the tune of Rs.5,00,000/-on the ground of using ATM cum Debit card of the OP. That Chanan Singh accepted the offer of the OP and applied for the ATM cum debit card which was issued by the OP vide No.6073 8655 4000 3832.That there was no other condition for the claim of Personal Accidental Death Policy rather than the use of ATM-cum-debit card. That late Chanan Singh used the ATM Cum Debit Card regularly before his death.
4. That on 13.3.2017 due to sudden electric shock Chanan Singh died, when he was repairing the transformer at village Behbalpur. After  the death of Chanan Singh, his legal heirs approached the OP to recover the amount and other dues and also to close the account of Chanan Singh. That on the asking of OP passbook, ATM cum debit card and death certificate of Chanan Singh were handed over to the OP for the said purpose. That in the month of May 2017 complainant visited the office of OP to know about the status of their claim but no satisfactory response was given by the OP. Complainants also sent request letter on 15.5.2017 in this regard but no fruitful purpose was served. There is thus deficiency in service and unfair trade practice on the part of the OP. Hence this complaint with the prayer to accept the same by giving direction to the OP to release the amount of Personal Accidental Death Insurance Policy to the tune of Rs.5,00,000/- in favour of the complainants alongwith interest @12% per annum from 15.5.2017 till realization; to pay Rs.1,00,000/- for the hardship and inconvenience faced by the complainants due to unfair trade practice and deficiency in service on the part of OP and also to pay Rs.50,000/-as litigation expenses.
5. Upon notice, OP appeared through counsel and filed written reply having contested the complaint . It is admitted to the extent that Chanan Singh was having a saving account with the OP  and as per the record he died on 15.3.2017 on account of electric shock which he suffered on 13.3.2017 while on duty.
6. It is alleged that the card which was issued to Chanan Singh was in the category of Rupay credit card in which only an amount of Rs.30,000/- is covered  and all the terms and conditions were duly explained to Chanan Singh at the time of issuing of the card in question. That a toll free phone number  18004250018 has been mentioned on the back of the card and any customer can make any enquiry from the said toll free number. That all the information relating to the card is also available on internet. That the complainants are not at all eligible for any insurance claim as per guidelines of Central Government and Circular No.18/2015/14/1/2015 under which  Govt. employee is not covered under insurance cover in Rupay card scheme. This fact is also disclosed to the complainants when they approached the OP for the claim. That the amount of Rs.2,00,000/-has already been paid to the complainant under Suraksha Yojana of the account. That Chanan Singh being a State Govt. employee does not fall in the category of insurance cover under Rupay card. Thus the complainants are not entitled for the claimed amount. There is no deficiency in service or unfair trade practice on the part of the OP. After denying all other averments, OP has prayed for the dismissal of complaint.
7. In evidence, ld. counsel for the complainant has tendered Ex.CA affidavit of the complainant ,Ex.CB affidavit of Sukhjinder Singh alongwith documents, Ex.C1 copy of ration card, Ex.C2 copy of Bank passbook, Ex.C3 copy of bank statement,Ex.C4 copy of debit card,Ex.C5 copy of DDR dated 5.3.2017,Ex.C6 original death certificate of Chanan Singh, Ex.C7 copy of request letter and closed the evidence.
8. The ld. counsel for OP has tendered in evidence Ex.OPA affidavit of Ms. Swastika, Branch Manager of OP alongwith document,Ex.OP1attested copy of circular and closed the evidence.
9. We have heard the ld. counsel for the OP as none has appeared on behalf of the complainant and have also gone through the record of the case, carefully.
10. Late Chanan Singh s/o Balbir Singh, husband of complainant No.1 and father of complainants No.2&3 was the holder of a saving bank account No.5540119000723 with the OP. The copy of ration card giving the family detail is Ex.C1 and copy of saving bank account is Ex.C3. Late Chanan Singh was holding a Canara Bank Rupay debit card bearing no.6073865540003832 , copy of which is Ex.C4.Complainant has submitted that Late Chanan Singh was employed as Assistant Lineman with Punjab State Power Corporation Ltd. Late Chanan Singh got electrocuted on 13.3.2017 and died due to electrocution  on 15.3.2017 for which an DDR entry was made as per Ex.C5. Death certificate of Late Chanan Singh is Ex.C6. The complainants have alleged that Late Chanan Singh was covered under personal accidental death policy to the tune of Rs.5lac against ATM/Debit card so issued by the OPs. The complainants have alleged that no terms and conditions regarding the said policy were issued to Chanan Singh. That after the death of Chanan Singh the complainant approached the OP for settlement of the claim. However no action was taken by the OPs. Representation was then made to the OP, which is Ex.C7. However, even then no action was taken. The complainant then approached the OPs repeatedly but no fruitful purpose was served. As such the complainants have prayed for release of Rs.5lac on account of claim against accidental death insurance alongwith  interest. The complainants have also prayed for compensation alongwith litigation charges.
11. The OP in its written statement as well as in the affidavit of Swastika, Ex.OPA has admitted that Late Chanan Singh was the holder of saving bank account with the OP and was also holding a Rupay debit card issued by the OP. The OP has submitted that the Rupay debit card which was holding by Late Chanan Singh was covered for an amount of Rs.30,000/- only and not Rs.5lac as claimed by the complainants. The OP has further submitted that the complainants are not entitled for even Rs.30,000/- as per the guidelines issued by the RBI  and adopted by the OP vide  circular No.18/2015 dated 14.1.2015 as per which the complainants fall under ineligible category as Late Chanan Singh was an employee of public sector undertaking owned by the State Govt. as per clause c(ii) ineligible categories, copy of which is produced by the ld. counsel for the OP which is reproduced as under:
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12. We have gone through the rival submissions of the ld. counsel of the parties and have also gone through the record of the case, thoroughly.
13. Admittedly deceased Chanan Singh was the holder of saving bank account and Rupay debit card issued by the OP. The deceased got electrocuted on 13.3.2017 and died on 15.3.2017. It is a fact that that an amount of Rs.2,00,000/- admissible to the complainants under Suraksha Yojna of the Scheme has already been released to them. However, the complainants have now prayed for benefits admissible to the deceased under Personal Accidental Insurance to the tune of Rs.5,00,000/-.
14.  The complainants have not produced any document as per which the deceased was covered under PA cover of Rs.5,00,000/-. On the contrary the deceased was covered for a sum of Rs.1,00,000/- under PA cover as per item 4 under PA cover as detailed in Insurance Program- Rupay Card, Ex.OP1. However, as per the guidelines of the RBI  Govt. of India and adopted by the OP vide circular  No.18/2015 dated 14.1.2015, the employees of public sector undertaking under State Govt. or Central Govt. are not eligible for any benefit under the said scheme. The deceased was the employee of the Punjab State Power Corporation subsidiary of Govt. of Punjab and falling under the public sector undertaking. As such the complainants are not entitled for any claim under the said policy.
15. In view of the discussion above, complaint is dismissed accordingly with no order as to costs.   Certified copies of this order be supplied to the parties free of cost. File be consigned to the record room.
16.           The instant complaint could not be disposed of within stipulated period due to heavy rush of work and for want of Quorum from long time.
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                                              G.S.Nagi                           PUSHVINDER SINGH

                                              Member                          President