BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SIRSA.
Consumer Complaint no. 125 of 2022
Date of Institution : 08.02.2022
Date of Decision : 28.07.2023.
Smt. Charanjit Kaur widow of Shri Sukhbir Singh son of Shri Shamsher Singh, resident of village Dharampura, Distt. Sirsa.
……Complainant.
Versus.
1. The Oriental Bank of Commerce, Ch. Devi Lal University Branch, Sirsa, through its Branch Manager.
2. Insurance Company, if any (with which risk of husband of complainant was got covered by opposite party no.1. Name of company will be disclosed by opposite party no.l)
...…Opposite parties.
Complaint under Section 35 of the Consumer Protection Act, 2019.
BEFORE: SH. PADAM SINGH THAKUR……..…PRESIDENT
SMT. SUKHDEEP KAUR………. …… MEMBER.
Present: Sh. Amit Sihag, Advocate for the complainant.
Sh. Sahil Chaudhary, Advocate for opposite party no.1.
ORDER
The complainant has filed the present complaint under Section 35 of the Consumer Protection Act, 2019 against the opposite party (s) (hereinafter referred as OP).
2. In brief the case of the complainant is that husband of complainant namely Sukhbir Singh was having his account bearing No. 15172121008332 with op no.1 and complainant was appointed as nominee in the said account by her husband. That op no.1 during the life time of Shri Sukhbir Singh deducted Rs.330/- from his above said account under Pradhan Mantri Jeevan Jyoti Bima Yojna (PMJJBY) as premium of insurance and lastly renewed on 23.5.2021 by deducting the amount of Rs.330/- from his bank account. That all type of death including natural death of the policy holder/ account holder was covered under the said scheme and in case of death of account holder/ policy holder, his nominee is entitled to the benefits of the policy. It is further averred that unfortunately on 26.05.2021 Shri Sukhbir Singh husband of complainant had died and complainant immediately intimated op no.1 about the death of her husband and also lodged her claim with op no.1 and supplied all requisite documents. That despite her repeated requests till today complainant has not received any payment of claim for the death of her husband and further op no.1 has not supplied the copy of policy with its terms and conditions and name of insurance company deliberately and malafidely despite issuance of registered notice dated 26.10.2021. It is further averred that benefits of the scheme are not being given to complainant which is totally in violation of terms and conditions of the scheme. That after issuance of registered notice complainant requested number of times to op no.1 to release the benefit and supply the copy of policy and name of insurance company but op no.1 flatly refused to admit this genuine request of complainant and has committed gross deficiency in service and unfair trade practice and also harassment and mental agony to her. Hence, this complaint seeking claim amount of Rs.2,00,000/- alonwith interest besides compensation for harassment and also litigation expenses.
3. On notice, op no.1 appeared and filed written statement taking certain preliminary objections regarding maintainability, cause of action, locus standi, no deficiency in service, estoppal etc. On merits, it is submitted that during the life time of Sh. Sukhbir Singh on 23.05.2021 a premium of Rs.330/- have been deducted from his above said account under PMJJB as premium of insurance. That on 05.10.2021 complainant approached the op bank and closed account of Sukhbir Singh after placing his death certificate before the bank and withdrawn the whole amount lying in the said account. It is further submitted that after the death of Sh. Sukhbir Singh, complainant never approached the op bank for lodging her claim, so the question of lodging the claim with bank and providing necessary documents to the bank does not arise at all. Complainant never approached the bank for providing her the policy with terms and condition and name of insurance company etc. Moreover, such type of claims can be lodged by bank through online portal of bank when nominee provided necessary documents such as death certificate, nominee’s aadhar card, bank details etc. to the bank and nominee also has to made a written request for the same. Remaining contents of complaint are also denied to be wrong and prayer for dismissal of complaint made.
4. The complainant in evidence has tendered her affidavit Ex.C1 and copies of documents i.e. pass book of her husband Ex.C2, death certificate of her husband Ex. C3, legal notice Ex.C4, postal receipt Ex.C5, adhar card Ex.C6.
5. On the other hand, op no.1 has tendered affidavit of Sh. Sumit Kamboj, Branch Manager PNB CDLU Branch as Ex. RW1/A.
6. We have heard learned counsel for the parties and have gone through the case file.
7. From the copy of pass book of Sh. Sukhbir Singh now deceased, it is evident that, an amount of Rs.330/- was deducted from his account on account of renewal of PMJBY policy. Further on 23.05.2021 again premium amount of Rs.330/- was deducted from his account for renewal of PMJJBY for the year 2021-2022. The complainant is nominee in the said account of her husband. The complainant has also placed on file death certificate of her husband, according to which said Sukhbir Singh her husband expired on 26.05.2021. Though, op bank has asserted that complainant has got closed above said account of her husband on 05.10.2021 and has not lodged any claim with it but however even if said account has been got closed by complainant on 05.10.2021 then also the fact remains that the premium amount of Rs.330/- has been deducted by op bank on 23.05.2021 from the account of husband of complainant for renewal of above said policy for the period 2021-2022 and as such claim/ benefit if any under the said policy cannot be denied to the complainant. The contention of the op no.1 bank that complainant never lodged her claim for release of the benefit of the scheme has no substance because according to the complainant after the death of her husband she immediately intimated op no.1 about the death of her husband and admittedly complainant approached the op no.1 bank on 05.10.2021 and got closed account of her husband after placing his death certificate before the bank. As such when complainant reported about death of her husband and got closed his account meaning thereby that the bank was having information about the death of her husband and since bank has been deducting premium amount of Rs.330/- from the account of husband of complainant under Pradhan Mantri Jeevan Bima Yojna, therefore, it was the duty of the op no.1 bank to lodge claim automatically with its Circle Office as per guidelines of the scheme or with intermediaries to whom the premium amount was being paid by the bank but op bank has failed to do so and is deficient in service.
8. In view of our above discussion, we allow the present complaint and direct the opposite party bank to lodge the claim of the complainant for the death of her husband for insurance benefit as per the above said scheme with its Circle Office/ Intermediaries/ concerned Insurance Company within 15 days after receipt of copy of this order. The op bank is already having death certificate of husband of complainant and the op bank can also demand the requisite documents such as her adhar card, pass book etc. from the complainant for lodging her claim upon which complainant will supply the required documents to the op within time against proper receipt. We also direct the op bank to pay compensation of Rs.5000/- to the complainant for harassment and also to pay further amount of Rs.5000/- as litigation expenses to the complainant within above said period. A copy of this order be supplied to the parties as per rules. File be consigned to the record room.
Announced: Member President,
Dated: 28.07.2023. District Consumer Disputes
Redressal Commission, Sirsa.
