Punjab

Patiala

CC/19/456

Jai Kaur - Complainant(s)

Versus

Punjab & Sind Bank - Opp.Party(s)

Sh M.P.S Kohli

12 Apr 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

PATIALA.

 

                                     

Consumer Complaint No.	:	CC/ 456/2019
Date of Institution	:	18.11.2019
Date of Decision	:	12.4.2023

 

1. Jai Kaur aged about 59 years, widow of late Kulwant Singh son of Sarup Singh, resident of village Lochma, P.S.Kheri Gandian, District Patiala.
2. Baljinder Singh son of Late Kulwant Singh
3. Gurwinder Singh son of late Kulwant Singh, resident of village Lochma, P.S.Kheri Gandian, District Patiala.
4. Sukhjinder Kaur daughter of late Kulwant Singh, wife of Mandeep Singh, resident of village Lanja, Tehsil Rajpura, District Patiala.

 

                                                                   …………...Complainants

                                      Versus

1. Punjab and Sind Bank Main Branch Rajpura Town, Tehsil Rajpura, District Patiala through its Branch Manager.
2. The New India Assurance Co. Ltd. SCO No.07, Chhoti Baradari, The Mall, Patiala through its Branch Manager.

                                                                   …………Opposite Parties

 

Complaint under the Consumer Protection Act

 

QUORUM

                                      Hon’ble Mr.S.K.Aggarwal, President

                                      Hon’ble Mr.G.S.Nagi,Member         

 

 

PRESENT:                   Sh.Manpreet Singh, counsel for complainants.

                             Sh.C.S.Kwatra, counsel for OP No.1.

                             Sh.B.S.Sodhi, counsel for OP No.2

                                     

 ORDER                                          

1. The instant complaint is filed by Jai Kaur  and others (hereinafter referred to as the complainant) against Punjab and Sind Bank and another (hereinafter referred to as the OP/s) under the Consumer Protection Act ( for short the Act).
2. The averments of the complainants are as follows:
3. That Kulwant Singh son of Sarup Singh, husband of complainant No.1 and father of complainants No.2to4, was having Saving Bank Account No.02231000005149 with OP No.1. He was insured by OPs No.1&2 under Pradhan Mantri Suraksha Bima yojana (PMSBY) vide policy No.601311456, for an amount of Rs.2,00,000/-. An amount of Rs.12/- per annum was being deducted from his above said account by OP No.1 as premium against the said insurance policy. Complainant No.1 is the nominee in respect of the said insurance policy.
4. Kulwant Singh died in a road side/motor vehicle accident on 17.3.2019.DDR was lodged in respect of death of Kulwant Singh. Thereafter, complainants approached OPs and lodged claim regarding death of Kulwant Singh, vide case No.583/2019, which was rejected by OP No.2 on 12.9.2019, due to non availability of PMR(Post Mortem report), which is totally wrong, illegal and against the rules. Complainants also suffered mentally and physically due to this act of OPs. There is thus, not only deficiency in service but also unfair trade practice on the part of OPs. Consequently, prayer has, thus,  been made for acceptance of complaint.
5. Upon notice, OPs No.1&2 appeared through their respective counsels and filed written statement having contested the complaint.
6. In the written statement filed by OP No.1, it raised certain preliminary objections. It is pleaded that after filing of the present complaint, OP No.2 had deposited the amount of insurance, amounting to Rs.2,00,000/- in the saving account of the deceased which was being operated by complainant No.1 on 23.6.2020. Complainant No.1 has withdrawn the said amount from this account, in the month of June,2020 through various ATM transactions. As such, the present complaint becomes infractuous and deserves dismissal with costs.
7. On merits, It is admitted that Kulwant Singh was having saving bank account with OP No.1 and was insured under PMSBY(Pradhan Mantri Suraksha Bima Yojana). It is also admitted that Rs.12/- per annum was deducted by OP No.1 from the SB account of Kulwant Singh. It is further admitted that upon the death of Kulwant Singh, case of complainant, for grant of claim, under the ibid scheme was forwarded for settlement without any delay to OP No.2, which was rejected by it on the ground of non availability of postmortem report on 12.9.2019.
8. It is averred that Kulwant Singh was admitted in PGI on 10.3.2019 and was discharged on 15.3.2019 upon marginal improvement with a condition to revisit on 26.3.2019 but he died on 17.3.2019.Therefore, complainants cannot claim any benefit on account of their own negligence and defaults. There is no deficiency in service on the part of OP No.1.After denying all other averments, OP No.1 prayed for dismissal of complaint.
9. In  the written statement, OP No.2 has submitted that the claim has been rightly rejected  under the terms and conditions of the PMSBY and there is no illegality on the part of OP No.2 . As such, there is no deficiency in service on the part of OP No.2.After denying all other averments, OP No.2 prayed for dismissal of complaint.
10. In evidence, ld. counsel for complainant furnished affidavit,Ex.CW1/A of Jai Kaur, Ex.C1 copy of Aadhar card of Kulwant Singh, Ex.C2 copy of bank pass book, Ex.C3 copy of DDR No.55 dated 11.3.2019, Ex.C4 copy of death certificate of Kulwant Singh, Ex.C5 copy of claim rejection letter,Ex.C6 copy of OPD card of Kulwant Singh and closed evidence.
11. On the other hand, ld. counsel for OP No.1 has tendered in evidence, Ex.OPB, affidavit of Malini Sharma, Branch Manager of OP alongwith documents, Exs.OP1 to OP4 and closed evidence.
12. Ld. counsel for OP No.2 has tendered in evidence Ex.OPA affidavit of Sh.J.S.Chhabra, Sr.Divisional Manager, of OP and closed evidence.
13. We have heard the ld. counsel for the parties and have also gone through the record of the case, carefully.
14. Admittedly husband and father of complainants No.1&2 was having saving bank account with the OPs and was insured under Pradhan Mantri Suraksha Bima Yojana, for an amount of Rs.2Lakh for which premium of Rs.12/- per annum was being deducted from his Saving Bank Account being maintained by OP No.1. Complainants have approached this Commission for release of Rs.2Lakh, being the insured amount, due to the death of husband and father of complainants alongwith compensation etc.for mental agony and harassment.
15. OP No.1, in its written statement has submitted that the said amount of Rs.2Lakh has already been credited to the saving bank account of the deceased on 23.6.2020 and have produced on record an attested copy of the statement, which is Ex.OP1. As per the said statement said amount of Rs.2,00,000/- has been disbursed and has further been utilized by the complainant and various withdrawals have already been made against the same by her.
16. From the above, it transpires that the insurance claim, due to the death of husband and father of complainants on 17.3.2019 has already been settled by the OPs on 23.6.2020. However, the claim was settled after a lapse of almost 15 months, which amounts to deficiency in service on the part of the OPs leading to mental agony and harassment caused to the complainants and are liable to pay the interest on the same for delayed payment.
17. We, therefore, partly allow the complaint and direct OPs to pay interest @ 6% on the amount of Rs.2Lakh from the date of rejection of claim i.e. w.e.f. 12.9.2019 till the date of payment i.e. 23.6.2020, within 30 days from the date of receipt of certified copy of this order failing which they shall pay interest @9% on the said payment from 23.6.2020 till realization.          
18.           The instant complaint could not be disposed of within stipulated period due to Covid protocol and for want of Quorum from long time.
85109252238716.  
85109252238717.  

 

                                              G.S.Nagi                           S.K.AGGARWAL

                                              Member                          President