Heard learned counsel for  the appellant. None appears for the respondent.

2.              This appeal is  filed  U/S-15 of erstwhile  Consumer Protection Act,1986(herein-after called the Act). Hereinafter, the parties to this appeal shall be referred to  with reference to their respective status before the learned District Forum.

3.                   The  case of the  complainant, in nutshell  is that  the complainant has  got  a Maestro Card  operated under  PNB,Bikanor,Rajstan  that card covers accidental death of the account holder.  It is alleged inter-alia that  son of the complainant died on 15.05.2016 on road accident  at Barkote  and the claim was made thereafter.   The OP repudiated the claim stating that it was not informed  about the death of the son within stipulated period  of  150 days from the date of occurrence as per the guideline issued by the OP.  Challenging said repudiation as deficiency in service on the part of the OP, the complaint case was filed.

4.               The OP  filed written version denying all the allegations. They have averred that the complainant has not intimated about the death of the son of the complainant within 150 days for which they have repudiated the claim. At the same time they  have admitted that the deceased  was the account holder of  a debit card under Bikanor State of Rajsthan. Therefore, they have no deficiency in service on their part.

5.                       After hearing both the parties, learned District Forum   passed the following order:-

               Xxxx              xxxx              xxxx

                                “ Hence, it is order that, the case by the complainant is allowed. The Opp.Party is directed  to pay the Personal Accident Claim amount of Rs.50,000/-(Rupees fifty thousand)  for Master card holder and pay an amount of Rs.50,000/-(Rupees Fifty Thousand) only as compensation and Rs.3,000/- (Rupees Three thousand) only  towards the cost of litigation expenses  to the complainant within 30 days of receiving  of this order, failing which the complainant is liable to proceed in due process of law. “

6.               Learned counsel for the appellant submitted that    learned District Forum failed to appreciate the submission of the appellant insptie of  filing written version before it. According to him not only the complainant failed to inform about the death of the son but also has not made the Chief Manager,PNB,Bikanor as party as the account  of deceased is maintained there.  He further submitted that the case is bad for non-joinder of necessary party. According  to him the consumer complaint is not maintainable.   Therefore, he submitted to set-aside the impugned order by allowing the appeal.

7.               Considered the submission of learned counsel for the appellant,  perused the DFR and impugned order.

 8.                       It is admitted fact that   the deceased was a master card debit card holder under Bikanor  in Rajstan.  It is not in dispute that the account holder died on road accident at  Barkote, in the district of Deogarh. It is not in dispute that the branch office of PNB  has  been made party in  this complaint case.

9.                     When the branch office of the PNB is within the territorial jurisdiction of the learned District Forum and the occurrence took place within the jurisdiction of learned District Forum, Deogarh, the case is not barred  U/S-11 of the Act. So far  non-joinder of  necessary party,   the branch office of PNB is party to this case, the plea of the learned counsel for the appellant  that the case is bad for non-joinder of necessary party falls flat.   It is admitted fact that the complainant has intimated to the OP on 28.06.2016 whereas the death took place on 15.05.2016 as per the appeal memo and the complaint case has been already filed. Since, the death has been informed within 150 days from the date of death, the repudiation of this claim on the  ground that matter of death not informed within such 150 days  is absolutely deficiency in service on the part of the OP. Therefore, we find no merit in the appeal.

            Hence, the impugned order is confirmed. Appeal stands dismissed. No cost.  

         Free copy of the order be supplied to the respective parties or they may download same from the confonet  or webtsite of this  Commission to treat same as copy of order received from this Commission.  

           DFR be sent back forthwith.