ORDER
Complaint under Sec.12 of the CPA 1986 as amended upto date
Ms. Nipur Chandna, Member
The case of the complainant is that her deceased brother namely Sh. Manish Singh Bisht was holder of saving bank account No. 1765000100294898 with the OP bank and she was the nominee in the aforesaid S.B. account.
It is alleged by the complainant that the OP no. 2 had given an Insurance cover of Rs. 2 Lakh to the account holder of OP no. 1 and hence the deceased brother of the complainant was also covered under the Insurance of Rs.2 lakh.
It is further alleged by the complainant that his brother died in a road accident on 6.8.2013 and a case u/s 279/304A was registered at P.S. Geeta Colony vide FIR No. 340/2013. Her father had filed a claim with OP no. 1 but the same was repudiated by OP no. 1 vide letter dated 23.7.2014.
It is alleged by the complainant that OP no. 1 had illegally and unlawfully repudiated her claim. Hence this complaint.
Notice of the complaint was sent to the OP through Regd. AD Post dated 24.4.2015. The notices have not been received back un-served and therefore service was presumed to have been effected on the OPs. Since none appeared on behalf of the OPs they were ordered to be proceeded with exparte.
Complainant has filed her evidence by way of affidavits wherein she has corroborated the contents of the complaint.
We have heard the arguments advanced at bar and have perused the record.
The complainant has placed on record the copy of saving pass book the bare perusal of the same makes it clear that the Complainant is the nominee in the aforesaid saving account of the deceased. She has also placed on record the repudiation letter dated 23.7.2014 sent by OP no. 1 to her father. She has also placed on record the copy of the legal notice dated 18.1.2015 alongwith its postal receipt sent to the OP s. The OP had failed to comply or refute the allegations levelled in the notice. In number of cases ourts have held that where serious allegations are made against a notice in a notice and the allegation are not refuted and the notice is simply ignored a presumption may be drawn that the allegation made in the notice a true. (See Kalu Ram v/s Sita Ram 1980 RLR (not 44) and Metro Polis travel v/s Sumit Kalra & Another 98 (2002) DLT 573 DB.
The present case is one where a presumption needs to be drawn in favour of the complainant. Even otherwise there is no reason to disbelieve the affidavits file on record by the complainant.
From the un-rebutted testimony of the complainant as well as the documents placed on record, we are convinced that the story put forth by the complainant is true.
In its letter dated 23.7.2014 while repudiating the claim lodged with the OPs. OP bank has stated that since the claim was not filed within the stipulated period of 90 days, it stands repudiated. Nothing has come from the side of OP bank to show that the claim ought to have filed within 90 days. Even otherwise IRDA has issued instruction whereupon it has called upon the Insurance Company not to repudiate the claim merely on the ground of delay in lodging of the claim. We are therefore convinced that the repudiation of the claim is not justified.
We hold that OPs have guilty of deficiency in service towards the complainant and direct the OP -1 and OP – 2 jointly and severally as under:-
- Release the insured amount to the complainant forthwith alongwith interest @ 10% from the date of filing of complaint i.e. ____________till payment.
- Pay to the Complainant a sum of Rs.20,000/- (Rupees Twenty thousand only ) as compensation for pain and agony suffered by him.
- Pay to the complainant a sum of Rs.2500/-(Rupees Twenty Five Thousand only) as cost of litigation.
The OP shall pay this amount within a period of 30 days from the date of this order failing which they shall be liable to pay interest on the entire awarded amount @ 10% per annum. If the OP fails to comply with this order, the complainant may approach this Forum for execution of the order under Section 25/27 of the Consumer Protection Act.
Copy of the order be made available to the parties as per rule.
File be consigned to record room.
Announced in open sitting of the Forum on ___________
