Punjab

Sangrur

CC/371/2016

Charanjit Kaur - Complainant(s)

Versus

Punjab National Bank - Opp.Party(s)

Shri Rajinder Goyal

06 Dec 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR.

                                                         

                                                Complaint No.  371

                                                Instituted on:    02.05.2016

                                                Decided on:       06.12.2016

 

Charanjit Kaur W/o Bugla Singh, resident of village Gagga, Tehsil Lehra, District Sangrur.

                                                        …Complainant

                                Versus

Punjab National Bank, Branch VPO Gagga, Tehsil Lehra Gagga, District Sangrur through its Branch Manager.

                                                        ..Opposite party

 

For the complainant  :       Shri Rajinder Goyal, Adv.

For OP                     :       Shri Gagandeep Bhagria, Adv.

 

 

Quorum:   Sukhpal Singh Gill, President

                Sarita Garg, Member

 

 

Order by : Sukhpal Singh Gill, President.

 

1.             Smt. Charanjit Kaur, complainant (referred to as complainant in short) has preferred the present complaint against the opposite party (referred to as OP in short) on the ground that son of the complainant, namely, Gurdas Singh @ Gagandeep Singh was the consumer by opening an account bearing number 3475000100097875 with the OP and the OP also issued an ATM/Classic debit card number 5126520254197069.  Further case of the complainant is that at the time of issuance of the debit card, the OP told that the card holder is insured for a sum of Rs.50,000/-, which is payable in case of accidental death of the debit card holder.  Further case of the complainant is that on 24.9.2015, Shri Gagandeep Singh @ Gurdas Singh (referred to as DLA in short) died in an road side accident, of which FIR number 85 dated 24.9.2015 u/s 279/304-A/337/427 IPC was also registered with PS Lehragaga and the post-mortem of the dead body of the DLA was performed on 24.9.2015 at Sub Divisional Hospital, Moonak. Further case of the complainant is that the complainant also lodged the claim with the OP on 15.1.2016 and submitted all the documents, but the claim was not settled despite all. Thus, alleging deficiency in service on the part of the OP, the complainant has prayed that the OP be directed to pay to the complainant an amount of Rs.50,000/-  along with interest @ 18% per annum from the date of the DLA i.e. 24.9.2015 and further claimed compensation and litigation expenses.

 

2.             In reply filed by the OP, preliminary objections are taken on the grounds that the complaint is not maintainable, that the complainant has no cause of action and that the claim is time barred. On merits, it is admitted that the DLA was having the saving account in question and issuance of the ATM card to him is also admitted.  It is also admitted that the ATM card holder is entitled for the compensation up to Rs.50,000/- subject to fulfilment of the terms and conditions which is payable in case of accidental death.  It is further stated that as per the terms and conditions, in case of accidental death, the claim was required to be lodged within a period of 30 days from the date of loss and claim documents were to be submitted within a period of sixty days.  However, in the present case, the OP bank received intimation on 15.1.2016 and thereafter the complainant never visited the OP. It is stated that since the claim of the complainant was time barred, as such the same was repudiated vide letter dated 17.3.2016.  However, any deficiency in service on the part of the Op has been denied.

 

3.             The learned counsel for the complainant has produced Ex.C-1 affidavit, Ex.C-2 copy of claim form, Ex.C-3 copy of death certificate, Ex.C-4 copy of FIR, Ex.C-5 copy of PMR, Ex.C-6 copy of bank passbook and closed evidence. On the other hand, the learned counsel for OP has produced Ex.OP1/1 affidavit, Ex.OP1/2 copy of letter dated 17.3.2016, Ex.OP1/3 terms and conditions, Ex.OP1/4 copy of circular and closed evidence.

 

4.             We have carefully perused the complaint, version of the opposite parties, evidence produced on the file and written submissions and also heard the arguments of the learned counsel for the parties. In our opinion, the complaint merits acceptance, for these reasons.

 

5.             It is an admitted fact of the OP that the DLA was the consumer of the OP by opening a saving account bearing number 3475000100097875 with the OP and the OP also issued an ATM/Classic debit card number 5126520254197069.  Further it is not in dispute that the card holder is insured for a sum of Rs.50,000/-, which is payable in case of accidental death of the debit card holder.  It is also an admitted fact that the DLA died in a road side accident on 24.09.2015, of which FIR number 85 dated 24.9.2015 u/s 279/304-A/337/427 IPC was also registered with PS Lehragaga, a copy of which on record is Ex.C-4, which clearly shows that the DLA died with an accident in a truck. Ex.C-5 is the copy of post mortem report conducted on the dead body of the DLA.   In the circumstances, it is proved on record that the DLA died in a road accident.

 

6.             In the present case, the OP has repudiated the claim of the complainant on the ground that he lodged the claim very late i.e. on 15.1.2016, whereas as per the terms and conditions, the claim should have been lodged with the OP within a period of thirty days of date of accident and further the documents should be completed within sixty days from the date of accident.  But, in the present case, the claim was repudiated only on the ground of late submission of the claim with the OP in view of the letter dated 17.3.2016 produced by the OP on record as Ex.OP1/2. 

 

7.             The case of the complainant is that no terms and conditions as stated by the learned counsel for the OP were provided to the DLA at the time of issuance of the debit card. But, we may mention that either of the parties i.e. complainant or the OP has not produced any such terms and conditions allegedly provided to the complainant at the time of handing over the debit card to the DLA.  There is no explanation from the side of the Op that why the OP has not produced the same on record.  As such, we feel that if the terms and conditions were not provided to the DLA by the OP, then the complainant cannot make suffer for that lapse of the OP.  In such like cases, reliance can be made on the citation of the Hon’ble Supreme Court of India delivered in Civil Appeal No.6895 of 1997 in the case of Modern Insulators Limited versus Oriental Insurance Company Limited. The Hon’ble supreme Court has held that “as the above terms and conditions of the standard policy wherein exclusion clause was included were neither a part of the contract of insurance nor disclosed to the appellants, respondents cannot claim the benefit of the said exclusion clause.”  In the light of above citation, we find that the OP has failed to tender any reliable and cogent evidence in support of his version that the terms and conditions were ever supplied to the complainant. As such, we find it to be a clear cut case of deficiency in service in repudiating the rightful claim of the complainant.

 

8.             In view of our above discussion, we allow the complaint and direct the OP to pay to the complainant an amount of Rs.50,000/- being the insurance claim on account of death of the DLA along with interest @ 9% per annum from the date of filing of the present complaint i.e. 02.05.2016 till realisation.  OP is further directed to pay to the complainant an amount of Rs.5,000/- in lieu of compensation for mental tension and harassment and litigation expenses.

 

9.             This order of ours be complied with within a period of thirty days of its communication. A  copy of this order be issued to the parties free of cost. File be consigned to records.

                Pronounced.

                December 6, 2016.

                                                        (Sukhpal Singh Gill)

                                                           President

 

 

                                                                (Sarita Garg)

                                                                    Member