BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.
Consumer Complaint no. 289 of 2016
Date of Institution : 26.10.2016
Date of Decision : 5.9.2017.
Smt. Roma Singla widow of Shri Deepak Singla, resident of Gali Dhana Katli, Nohria Bazar, Sirsa, District Sirsa.
……Complainant.
Versus.
The Branch Manager, Punjab National Bank, Branch Rori Bazar, Sirsa, District Sirsa.
...…Opposite party.
Complaint under Section 12 of the Consumer Protection Act,1986.
Before: SH. R.L.AHUJA…………………………PRESIDENT
SMT. RAJNI GOYAT ………………… MEMBER
SH. MOHINDER PAUL RATHEE …… MEMBER.
Present: Sh. Manish Gupta, Advocate for the complainant.
Sh. M.S. Sethi, Advocate for opposite party.
ORDER
The case of the complainant in brief is that husband of complainant namely Deepak Kumar Singla was having his account No.0430000409004109 with the opposite party bank and he was issued a Debit RuPay (ATM & shopping card) no.6070930029961752 valid up to June 06/2020. That at the time of issuing the Debit Rupay card, the bank had assured that in case of accidental death, an amount of Rs.10,00,000/- would be paid and the card holder shall be entitled to the insurance amount. That husband of complainant had been using the Debit Card through out and had been swiping the same from time to time and the card alongwith the insurance was intact. That due to bad luck, Deepak Singla died in a motor vehicle accident on 24.3.2016 within the jurisdiction of Police Station Sadar Mansa and a report dated 24.3.2016 was registered under Section 174 Cr.P.C. in Police Station Sadar Mansa and post mortem was accordingly conducted. That complainant on account of the sudden death of her husband Deepak Kumar remained under a mental shock and thereafter in the first week of June she searched all the documents of her deceased husband and found the aforesaid Debit Rupay card from his personal belongings and accordingly she approached the op to lodge a claim regarding the personal accident coverage granted under the Debit Rupay as assured at the time of issuance of the same. That the opposite party simply refused and declared that there is no such personal accident coverage given to the card holders. The complainant being a lady unaware of the legal intricacies and the benefits granted under the card kept a silence. However some account holder/ Debit Rupay holder told the complainant that a personal accidental insurance is provided by the bank. That the opposite party has not only misguided and made misrepresentation to a desperate lady rather has cheated the complainant and upon again approaching by the complainant the op simply refused to even lodge the claim or to provide any particulars and claim form for the reasons best known to op. That a notice was also served to the opposite party on 9.9.2016 but to no effect. Hence, this complaint.
2. On notice, opposite party appeared and filed written statement taking certain preliminary objections regarding cause of action; suppression of material facts; non joinder of necessary parties and estoppal. It is submitted that all the legal heirs of the deceased have not been impleaded as parties in this case and even the names of the legal heirs have not been disclosed in this complaint. On merits, it is submitted that paras No.1 to 3 of the complaint is correct and is admitted being a matter of record but subject to the conditions of the Bank applicable for issuance of Debit Rupay Card and the circular of the bank and that the legal heirs are entitled for the said amount if they submit an application/ information within 90 days of the accidental death. It is further submitted that as per circular No.67/2015 dated 4.12.2015 issued by the General Manager of the respondent Bank in continuation of previous circular No.47/2015 dated 22.7.2015 the legal heirs of the card holder must apply for claim/ benefit of insurance, within 90 days of the accidental death. In the present case, the accidental death has happened on 24.3.2016 but the claimant has filed the application for benefit of claim on 5.7.2016. The respondent bank Manager sent her case on 5.7.2016 but the higher authorities rejected the case of the complainant on the ground that the same is time barred. It is further submitted that the complainant as per banking rules, has to submit the claim within 90 days of the accidental death but in the present case the complainant has filed the claim/ lodged the claim after expiry of the requisite period. Therefore, the complainant is not entitled to any relief in this case. As and when the complainant met the bank authorities, he was told the true position. Remaining contents of complaint have also been denied.
3. The complainant produced her affidavit Ex.CW1/A, photocopy of Debit Rupay Card Ex.C1, postal receipt Ex.C2, copy of legal notice Ex.C3, acknowledgment Ex.C4 and copy of Rupay Debit Card Offers by Banks, IRCTC and others as Ex.C5. On the other hand, op produced affidavit of Sh. P.D. Garg, Branch Manager as Ex.R1, copy of Rupay insurance program Ex.R3 and copy of letter dated 4.12.2015 Ex.R2.
4. We have heard learned counsel for the parties and have perused the case file carefully.
5. It is an undisputed case of the complainant that husband of complainant namely Deepak Singla now deceased was having his account No.0430000409004109 with the op bank and he was issued a Debit Rupay (ATM and Shopping card) No.6070930029961752. As per averments of complainant, at the time of issuing Debit Rupay card, the bank had assured that in case of accidental death, an amount of Rs.10,00,000/- would be paid and the card holder shall be entitled to the insurance amount and the husband of the complainant had been using the Debit card throughout and had been swiping the same from time to time. It is further undisputed fact that Deepak Singla has died in the motor vehicle accident on 24.3.2016 within the jurisdiction of Police Station Sadar Mansa. A rapat dated 24.3.2016 was registered in Police Station Sadar Mansa under Section 174 Cr.P.C. She has further stated in her complaint that on account of sudden death of her husband Deepak Singla, she remained under mental shock and in the month of June she searched all the documents of her deceased husband and found aforesaid Debit Rupay card from his personal belongings and accordingly she approached to lodge a claim regarding personal coverage granted under the Debit Rupay card. In order to prove her allegations in the complaint, the complainant Smt. Roma Singla has furnished her affidavit Ex.CW1/A in which she has specifically deposed qua the issuing of Debit Rupay card to her husband and also assurance of bank regarding personal accident claim of Rs.10,00,000/- of her husband and she has also deposed regarding accidental death of her husband. She has also deposed that opposite party has simply refused the claim of the complainant. She has also placed on record the copy of Debit Rupay card Ex.C1, copy of legal notice Ex.C3 and postal receipt Ex.C2 and also placed on record copy of Rupay Debit Card offers by Banks, IRCTS and others as Ex.C5.
6. On the other hand, Sh. P.D. Garg, Branch Manager has furnished his affidavit Ex.R1 in which he has admitted that Sh. Deepak Singla was account holder of bank vide account No.0430000409004109. He was availing the facility of Debit Rupay Card of the op bank. He has also deposed that as per information received from the complainant Sh. Deepak Singla has died on 24.3.2016 and as per said circular legal heirs of Deepak Singla were entitled for compensation as per terms of bank regarding issuance of said Debit Rupay Card. He has also admitted that complainant as widow of Deepak Singla has lodged her claim with the bank on 5.7.2016. He has further deposed that complainant has not mentioned all the names of legal heirs of deceased Deepak Singla and as per Circular No.67/2015 dated 4.12.2015 issued by General Manager of respondent bank in continuation of previous circular No.47/2015 dated 22.7.2015, the legal heirs of card holder must apply for claim of benefit of insurance to Rupay Card Holder within 90 days from the death. He has also deposed that death was caused on 24.3.2016 but claim was lodged on 5.7.2016 after expiry of requisite period and the application of complainant was time barred and same was rejected. The opposite party has also relied upon Rupay Insurance Program 2015-16 as Ex.R3 which provides the period for filing claim within 90 days from the date of accident.
7. The perusal of evidence of opposite party reveal that op has not led any evidence in order to prove the fact when this application was lodged by complainant and bank has not called upon the complainant to give names of other legal heirs of the deceased Deepak Singla meaning thereby that application of the complainant has not been moved by all legal heirs though they all were entitled to get claim of the deceased in equal share. Further more, the opposite party has not led any evidence from which it could be presumed that they ever considered the circumstances which were explained by the complainant by lodging the claim that she was under mental shock and she was not aware of the things and belonging of the deceased Deepak Singla and she only came to know about the insurance of the deceased in the month of June, 2016 and she filed claim thereafter. So, it will be in the fitness of things and in the interest of justice in case an opportunity is given to the complainant to lodge claim alongwith other legal heirs of the deceased by way of filing an application to the opposite party and thereafter the opposite party should get an opportunity to re-process and reconsider the claim of the complainant and other legal heirs of the deceased. It is also pertinent to mention here that complainant has claimed insurance amount of Rs.10,00,000/- whereas according to op bank in the case of death or permanent disablement of Rupay Card holder, the legal heirs are entitled for the claim of Rs.1,00,000/-, so the opposite party will also look about the claim amount on the basis of terms and conditions/ policy prevailing at the relevant time.
8. In view of our above discussion, we direct the complainant to file claim application alongwith other legal heirs of the deceased Deepak Singla within 15 days from the date of receipt of copy of this order to the opposite party and the opposite party is directed to re-open the claim case of the complainant and process the application of the complainant as well as other legal heirs of the deceased and to get the claim settled within further period of 60 days on merits. The present complaint stands disposed off accordingly. A copy of this order be supplied to the parties free of costs. File be consigned to the record room.
Announced in open Forum. President,
Dated:5.9.2017. Member Member District Consumer Disputes
Redressal Forum, Sirsa.
