Haryana

Fatehabad

CC/337/2020

Sunita Rani - Complainant(s)

Versus

Punjab National Bank - Opp.Party(s)

Devi Lal

27 Jun 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, FATEHABAD.

                                 Sh.Rajbir Singh, President.                                                         Smt.Harisha Mehta and Dr.K.S.Nirania, Members

    

                                                                     Complaint No.337 of 2020.

                                                                     Date of Instt.:   11.12.2020.

                                                                     Date of Decision: 27.06.2024

 

Smt.Sunita Rani widow of Satinder Kumar son of Dariya Singh resident of Shiv Nagar, Fatehabad Tehsil & District Fatehabad.

 

                                                                   ……Complainant

                                         

                                Versus

 

1. Punjab National Bank, Branch MM College, Fatehabad District Fatehabad through its Branch Manager.

 

                                                                   ……Respondent.

2.Smt.Bimla Wife of Dariya Singh

3.Nisha daughter of Satinder Kumar son of Dariya Singh

4.Devenashi minor daughter of Satinder Kumar son of Dariya Singh

5.Deveansh Kumar son of Satinder Kumar son of Dariya Singh,

Minor through their natural guardian and grand mother Smt.Bimla Wife of Dariya Singh residents of Shiv Nagar, Fatehabad Tehsil & District Fatehabad.

                                                                   ……Proforma Respondents.

 

 

Complaint U/s 35 of the Consumer Protection Act, 2019

 

Argued by:            Sh.Devi Lal, counsel for the complainant.

                             Op No.1 exparte VOD 21.03.2023.                                Sh.Shahnawaz, Advocate for Ops No.2 to 5.                      

 

 

ORDER:

SH.RAJBIR SINGH, PRESIDENT

 

1.                          By way of this complaint, the complainant has submitted that Satinder Kumar (husband of the complainant since deceased) was maintaining joint bank account No.4460000100025457 with Op No.1 alongwith debit card facility having validity upto 02/2023; that unfortunately Satinder Kumar husband of the complainant died on 16.01.2020 due to the injuries sustained by him in a road side accident; that as per the policy of Government as well as Reserve Bank of India, the debit card holder as well as account holder was insured, therefore, the complainant and proforma respondents are entitled for claim alongwith all other benefits from the bank/Op No.1; that the complainant requested the Op No.1 number of times to make the payment of death claim but to no avail  and in the end it refused to make the payment thereof. The act and conduct of the Op No.1 clearly amounts to deficiency in service on its part. In evidence, the complainant has tendered affidavit and documents Ex.CW1/A, Annexure C1 to Annexure C16.

2.                          On notice Op No.1 appeared but failed to file its reply and even remained absent from this Commission, therefore, it was proceeded against exparte vide order dated 21.03.2023.

3.                          On the other hand neither any reply has been filed on behalf of proforma respondents nor any evidence has been led.

4.                          The complainant has submitted that the OP No.1 has neither compensated the complainant nor released the claim amount despite several requests despite the fact that the complainant was legally entitled for the claim as the account holder/debit card holder was insured as per the policy of Government of India and Reserve Bank of India.

5.                          As per the complainant, the account holder/debit card holder died on 16.01.2020 but the Op No.1 has repudiated the death claim submitted for death claim of the account holder/debit card holder but perusal of the case file reveals that there is no document/repudiation letter to corroborate the stand taken by the complainant that the claim was actually repudiated/denied by the Op No.1. Another strange factor which this Commission has noticed that the complainant has failed to produce on the case file any document to show that as to on which date the claim form claiming the death claim of account holder/debit card holder was furnished with the Op No.1. It appears that the complainant has filed the present compliant by concealing the material facts.

6.                          Keeping in view the above discussion we have come to the conclusion that the present complaint before this Commission is not maintainable being pre-mature. Therefore, we hereby dispose-of the complaint with the directions to the complainant to submit the claim form/requisite documents with the OP No.1 within a period of 15 days and thereafter the Op No.1 would decide the claim in question within a period of 30 days. It is made clear that if any grievance remains pending, in that eventuality, the complainant is at liberty to approach this Commission/competent authority for the redressal of the grievance. The parties are left to bear their own costs. A copy of this order be furnished to both the parties free of cost as provided in the rules.  File be consigned to record room after due compliance.

Announced in open Commission.                                                           Dated:27.06.2024.

 

 

(K.S.Nirania)                         (Harisha Mehta)                  (Rajbir Singh)                

      Member                                      Member                                  President