Orissa

Cuttak

CC/26/2022

Biswaballhaba Nanda - Complainant(s)

Versus

Punjab National Bank - Opp.Party(s)

B M Bhuyan

27 Sep 2022

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL COMMISSION,CUTTACK.

                                                                C.C.No.26/2022

CH Biswaballhaba Nanda,

S/O:Ajay Kumar Nanda,At/PO:Patpur,

Via:Salipur,Dist:Cuttack.                                                                ... Complainant.

 

                                                Vrs.

1.        The Branch Manager,Punjab National

Bank,Paikarapur Branch,

At/PO:Patpur,P.S:Salipur,Dist:Cuttack.

 

2.        Oriental Insurance Company.

C/O:Punjab National Bank,

Paikarapur Branch,

At/PO:Patpur,P.S:Salipur,Dist:Cuttack.                                       ... Opp. Parties.

                       

Present:               Sri Debasish Nayak,President.

                                Sri Sibananda Mohanty,Member.

 

Date of filing:    15.02.2022

Date of Order:   27.09.2022

 

For the complainant:          Mr. A.K.Samal,Adv. & Associates.

For the O.P.               :                 None.

 

Sri Debasish Nayak,President.                                                                 

                Case of the complainant bereft unnecessary details as made out from the complaint petition in short is that in the year 2015, the wife of the complainant was insured as per the Govt. Scheme(Prime Minister Insurance Scheme) and an account at Punjab National Bank,Paikarapur Branch was opened in her favour bearing account No.2837001700061542 where a premium of Rs.12/- was deducted from time to time from her account.  The wife of the complainant expired on 11.6.18 and the complainant being the nominee of his deceased wife, had claimed the insurance money but could not get the same forwhich he had to send a legal notice through registered post with A/D on 14.12.21 addressing to the O.Ps.  The assured sum of money of the said policy was of Rs.2,00,000/-.  Thus, ultimately by filing this case, the complainant has sought for a direction to the O.Ps for disbursing the insured amount of Rs.2,00,000/- alongwith a sum of Rs.1,00,000/- towards the mental agony and harassment as caused to him.

            The complainant has filed copies of the relevant documents showing the policy deduction from the bank account of the deceased wife and the death certificate copy of the deceased wife of complainant in order to prove his case.

2.         Having not contested this case, the O.Ps were set exparte vide order dt.16.6.2022.

3.         The points for determination in this case are as follows:

            i.          Whether the case of the complainant is maintainable ?

                        ii.         Whether there was any deficiency in service on the part of the O.Ps. ?

                        iii.        Whether the complainant is entitled to the reliefs as claimed ?

Points no.i & ii.

                Points no.i & ii being the pertinent points are taken up together first for consideration here in this case.

                After perusing the complaint petition as filed in this case together with the supporting copies of documents, this Commission finds that infact the wife of the complainant was insured as per the Govt. Scheme(Prime Minister Insurance Scheme) and premium of Rs.12/- was deducted from her account from time to time at the Punjab National Bank,Paikarapur Branch.  There is no dispute that the complainant was not the nominee of his deceased wife.  The copy of death certificate of the wife of the complainant goes to show that infact the wife of the complainant had expired on 11.6.18.  Thus, when the claim made by the genuine nominee; by not disbursing the insured amount of Rs.2,00,000/-, it can safely be said here in this case that the O.Ps to be deficient in their service towards the complainant.  Accordingly, the case of the complainant is maintainable when filed.  Thus, these two points are answered in favour of the complainant.

Point no.iii.

            From the above discussions, it can be said here in this case that the complainant is ofcourse entitled to the reliefs as claimed.  Hence it is so ordered;

                                                            ORDER

            The case is allowed exparte against all the O.Ps who are found to be jointly and severally liable here in this case.  The O.Ps are therefore directed to pay the complainant- nominee of the deceased Smitashree Nanda a sum of Rs.2,00,000/- as insured, towards the policy of Smitashree Nanda with effect from 11.6.18 alongwith interest thereon @ 9% per annum till the total amount is quantified.  The O.Ps are further directed to pay a sum of Rs.50,000/- towards mental agony and harassment as caused by them to the complainant.  This order is to be carried out within a period of 30 days from the date of receipt of copy of this order.

Order pronounced in the open court on the 27^th day of   September,2022 under the seal and signature of this Commission.           

                                                                                                                                Sri Debasish Nayak

                                                                                                                                            President

                       

                                                                                                                                                                Sri Sibananda Mohanty

                                                                                                                                                Member