BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.
Consumer Complaint no. 188 of 2019
Date of Institution : 19.04.2019.
Date of Decision : 22.01.2020.
Savitri aged 51 years widow of late Shri Rajesh Kumar, resident of ITI Road, Gandhi Colony, House No. 809-B, Sirsa, District Sirsa.
……Complainant.
Versus.
Punjab National Bank, Chandni Chowk, Sirsa Branch, District Sirsa, through its Branch Manager.
...…Opposite party.
Complaint under Section 12 of the Consumer Protection Act,1986.
Before: SH. R.L.AHUJA…………………………PRESIDENT
SMT. SUKHDEEP KAUR………..…… MEMBER.
SH. SUNIL MOHAN TRIKHA…………MEMBER
Present: Sh. P.K. Berwal, Advocate for complainant.
Sh. Rishi Sharma, Advocate for opposite party.
ORDER
The case of complainant, in brief, is that Rajesh Kumar husband of complainant was having saving account bearing No. 3326001700015619 with op bank and complainant was made nominee by him vide registration No. 2515810901. That husband of complainant was paying premium to the op under the scheme PMSBY and PMJJBY and renewed by op from time to time. The op deducted premium of insurance of Rs.12/- on 2.6.2016 for covering accidental risks to the tune of Rs.1,00,000/- and Rs.330/- under scheme PMJJBY on 15.2.2017 for life insurance for the sum assured of Rs.2,00,000/-, Rs.12/- on 22.5.2017 under PMSBY, Rs.330/- under PMJJBY on 29.5.2017 and renewed PMSBY for the year 2017-2018 for life insurance for the sum assured of Rs.2,00,000/-. It is further averred that on 29.5.2017, op renewed PMJJBY for the year 2017-2018 and also on 24.5.2018 PMSBY renewed for 2018-2019. That husband of complainant Rajesh Kumar died on 2.7.2017 and complainant being nominee, widow and legal heir of Rajesh Kumar submitted her claim under the above insurance scheme but till date the op has not given any response and reply to the same. The claim of complainant is still pending with the op. She is legally entitled to get the insurance claim benefits under the above schemes and as the op has failed to settle the claim of complainant within reasonable time, so complainant is legally entitled to recover the claim amount alongwith interest @12% per annum from 2.7.2017 till realization of the same. It is further averred that complainant approached the op and requested to settle her claim and to pay sum assured alongwith interest and other insurance benefits but the op did not pay any heed to the same. The complainant also got served legal notice upon op on 13.2.2019 but of no use. Hence, this complaint.
2. On notice, opposite party appeared and filed written statement taking certain preliminary objections. It is submitted that it is correct that husband of complainant had paid premium of insurance under PMSBY and PMJJBY schemes, but as a matter of fact and in reality, he was not entitled to get these insurance policies. It is submitted that date of birth of Rajesh Kumar as per system of op was recorded as 1.1.1975, whereas, as per the adhar card supplied by Rajesh Kumar, his date of birth was shown as 1.1.1965, therefore, Rajesh Kumar was not entitled to get the above insurance policies. Thus, amounts of premium were deducted inadvertently and the op is going to credit the amount of insurance premium in the account of Rajesh Kumar. As per consent form submitted by complainant’s husband, the date of birth is 1.02.1965. It is further submitted that complainant never visited the op and even the complainant was/is not entitled to any claim in respect of above insurance policies, as the husband of complainant was not entitled to avail the above insurance policies. Remaining contents of complaint are also denied and prayer for dismissal of complaint made.
3. The parties then led their respective evidence.
4. We have heard learned counsel for the parties and have perused the case file carefully.
5. The complainant in order to prove her complaint has furnished her affidavit Ex.C1 in which she has deposed and reiterated all the averments made in the complaint. She has also furnished copy of claim form Ex.C2, coy of death certificate Ex.C3, copy of pass book Ex.C4, copy of legal notice Ex.C5, copy of postal receipt Ex.C6 and copy of school leaving certificate Ex.C7. On the other hand, op has produced affidavit of Sh. Sardari Lal, Branch Manager as Ex.RW1/A, copy of consent letter Ex.R1 and copy of circular No.08/2015 Ex.R2.
6. It is an undisputed fact between the parties that husband of complainant namely Rajesh Kumar had got himself insured under Pradhan Mantri Suraksha Bima Yojana (PMSBY) and Pradhan Mantri Jeevan Jyoti Bima Yojana (PMJJBY) and paid premium to the opposite party. The op deducted premium of insurance of Rs.12/- on 2.6.2016 for covering accidental risks to the tune of Rs.1,00,000/- and Rs.330/- under scheme PMJJBY on 15.2.2017 for life insurance for the sum assured of Rs.2,00,000/-, Rs.12/- on 22.5.2017 under PMSBY, Rs.330/- under PMJJBY on 29.5.2017 and renewed PMSBY for the year 2017-2018 for life insurance for the sum assured of Rs.2,00,000/-. On 29.5.2017, op renewed PMJJBY for the year 2017-2018 and also on 24.5.2018 PMSBY renewed for 2018-2019 which fact is evident from copy of pass book Ex.C4. It is further undisputed fact that said Rajesh Kumar died on 2.7.2017 and claim was lodged by present complainant being nominee/ widow of deceased Rajesh Kumar.
7. During the course of arguments, learned counsel for complainant has contended that she is entitled for the claim as per PMSBY and PMJJBY, however, claim of complainant has been denied by op on the ground of dispute of date of birth of deceased Rajesh Kumar, which is illegal and arbitrary.
8. On the other hand, learned counsel for op has strongly contended that as per adhar card, the year of birth of deceased Rajesh Kumar is 1965 whereas as per system of op his date of birth was recorded as 1.1.1975 and as such he was not eligible for the policies and as such op has initiated the process of refund of amount of premium.
9. The perusal of the evidence of complainant reveals that complainant has placed on record school leaving certificate of deceased Rajesh Kumar as Ex.C7 in which date of birth of Rajesh Kumar has been shown as 4.3.1967 which clearly indicates that he was less than 50 years at the time of getting himself insured under PMSBY and PMJJBY. It is admitted fact on record that as per Pradhan Mantri Jeevan Jyoti Bima Yojana, the account holders in the age group of 18 to 50 years, with coverage up to 55 years were eligible for this policy of Rs.two lakh for death by any reason with premium payment of Rs.330/- plus service tax per year and as per Pradhan Mantri Suraksha Bima Yojana, the account holders in the age group of 18 to 70 years were eligible for this policy with coverage of Rs. two lacs for accidental death or full disability and Rs. one lac for partial disability on payment of premium of Res.12/- per year plus service tax. So, as per school record, Rajesh Kumar since deceased was less than 50 years at the time of getting these policies.
10. Though, opposite party has alleged that he was more than 50 years and he was not eligible and entitled for the policies, but however, op has not placed on record any cogent and convincing evidence in order to prove their plea taken in the written statement except the bald affidavit of the official of the bank and copy of scheme Ex.R2. Moreover, op has alleged that they have initiated proceeding for refund of amount of premium, but however, they have not placed on record any document from which it could be presumed that policies have been cancelled with retrospect effect and refund has been made to the account of the deceased Rajesh Kumar. So, it appears that there is deficiency in service and unfair trade practice on the part of opposite party.
11. In view of our above discussion, we allow this complaint and direct the opposite party to settle and pay the claim of the complainant as per terms and conditions of the policies within 45 days from the date of receipt of copy of this order, failing which the complainant will be entitled to interest @7% per annum on the payable amount from the date of order till actual payment. We further direct the opposite party to pay a sum of Rs.5000/- as composite compensation and litigation expenses to the complainant. A copy of this order be supplied to the parties as per rules. File be consigned to the record room.
Announced in open Forum. Member Member President,
Dated:22.01.2020 District Consumer Disputes
Redressal Forum, Sirsa.
