Haryana

Karnal

CC/17/2021

Smt. Kusum Devi - Complainant(s)

Versus

Punjab & Sind Bank - Opp.Party(s)

Manoj Kumar

13 Nov 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KARNAL.

 

                                                        Complaint No. 17 of 2021

                                                        Date of instt.11.01.2021

                                                        Date of Decision:13.11.2024

 

1. Smt. Kusum Devi wife of late Shri Sunil Kumar.
2. Neelam Daughter of Late Shri Sunil Kumar.
3. Ashish (minor) son of late Sunil Kumar minor through his mother Smt. Kusum Devi-complainant no.1.

All residents of village Islam Nagar, Tehsil indri, District Karnal.

 

                                               …….Complainants.

                                              Versus

 

1. Punjab and Sind Bank (A Government of India Undertaking) Branch shop no.168, New Grain Market, Indri, Tehsil Indri, District Karnal through its Branch Manager.
2. The Life Insurance Corporation of India, 489, Main Branch Model Town, Karnal through its Manager/Branch Manager.

 

                                                                    …..Opposite Parties.

 

Complaint under Section 35 of Consumer Protection Act, 2019.

 

Before   Shri Jaswant Singh……President.     

      Ms Neeru Agarwal…….Member

      Ms. Sarvjeet Kaur .…..Member

 

 Argued by: Shri Manoj Kumar, counsel for the complainants.

                   Shri S.S.Bajwa, counsel for the OP no.1.

                   Shri Anuj Gupta, counsel for the OP no.2.

 

                     (Jaswant Singh, President)

ORDER:   

                

                The complainants have filed the present complaint under Section 35 of the Consumer Protection Act, 2019 against the opposite parties (hereinafter referred to as ‘OPs’) on the averments that in the year 2015, the Central Government of India sponsored Socially Oriented Insurance Scheme as Pradhan Mantri Jeevan JyotiBima Yojna (PMJJBY) as well as Pradhan Mantri Suraksha Bima Yojna, which is available to the people in the age group of 18 to 50 years having a bank account who give their consent to join/enable auto debit. The life cover of Rs.2,00,000/- shall be for the one year period stretching from 1^st June to 31^st May and will be renewable. Risk coverage under this scheme is for Rs.2,00,000/- in case of death of the insured, due to any reason. The premium is Rs.330/- per annum, which is to be auto-debit in one installment from the subscriber’s bank account as per the option given by him on or before 31^st May of each annual coverage period under the scheme. The scheme is being offered by Life Insurance Corporation and all other life insurers, who are willing to offer the product on similar terms with necessary approval and tie up with banks for this purpose. The complainant no.3 Ashish is a minor and is living under the custody, protection and guardianship of his next friend namely Kusum Devi (mother) complainant no.1.

2.             It is further alleged that Sunil Kumar-husband of complainant no.1 and father of complainants no.2 and 3 had saving bank account no.13161000000246 with OP no.1. In the month of May 2015, the OP no.1 had obtained signature of Sunil Kumar (now deceased) on consent-cum-declaration form under the Pradhan Mantri Jeevan Jyoti Bima Yojna to make his life insurance of Rs.2,00,000/- from the OP no.2. After that the OP no.1 collected all required documents from the husband of complainant no.1 for the said policy and after verifying all the credentials of the deceased, deducted amount of Rs.330/- from Saving Bank Account of insured and also Rs.12/- as Pradhan Mantri Suraksha Bima Yojna, which is shown in the Passbook/statement of the deceased Sunil Kumar.  On 22.02.2020, during the subsistence of the abovesaid policy, Sunil Kumar died in a roadside accident and in this regard, an FIR no.0126 dated 23.02.2020 was got registered against the driver of said offending truck with Police Station Shivaji Colony, Rohtak. The concerned doctor of Civil Hospital, Rohtak conducted autopsy upon the dead body of the deceased, vide PMR no.PMR/126/GH/2020 dated 23.02.2020. Due to the shock and sorrow, complainant no.1 could not approach to the Bank till 23.03.2020, and thereafter due to the spread of Covid-19, the Central Government declared complete lockdown in the country and during the proceeding of unlocking, complainant no.1 collected the documents demanded by the bank, but due to non-receiving of the file for issuance of Death Certificate, by the Health Department because of Covid-19, the death certificate could be issued in time. Complainant no.1 alongwith his brother again visited the office of Health Department and deposited the file for death certificate after applying it online, upon which the Health Department got issued the death certificate on 10.11.2020 and after receiving the death certificate, complainant no.1 submitted the file before the Bank alongwith relevant documents demanded by the bank. Thereafter, complainant no.1 visited the office of OPs several times and requested to release the death claim but OPs did not pay any heed to the request of complainant and repudiated the claim of the complainant on the ground that due to non-depositing the file within 90 days, which is not sustainable in the eyes of law. Due to this act and conduct of OPs, complainants are facing many problems and also suffered mental pain and agony as well as financial loss. In this way there is deficiency in service and unfair trade practice on the part of the OPs. Hence this complaint.

3.             On notice, OP no.1 appeared and filed its written version raising preliminary objections with regard to maintainability; locus standi; cause of action; jurisdiction and concealment of true and material facts. On merits, it is pleaded that Sunil Kumar (since deceased) was having a saving bank account no.13161000000246 with OP no.1 and as per Pradhan Mantri Jeevan Jyoti Bima Yojna as well as the Pradhan Mantri Suraksha Bima Yojna, the premium Rs.12/- was deducted on 29.05.2015 from the saving bank account of the husband of the complainant. Similarly, an amount of Rs.330/- was also deducted on 29.05.2015 from the saving bank account of Sunil Kumar. It is further pleaded that complainant had not submitted any documents concerning to the death of husband of complainant for seeking the compensation to the OP no.1. The liability to pay the claim is of OP no.2. The OP no.1 is not liable for any claim of the death of the husband of the complainant. There is no deficiency in service and unfair trade practice on the part of the OP. The other allegations made in the complaint have been denied and prayed for dismissal of the complaint.

4.             OP no.2 filed its separate written version raising preliminary objections with regard to maintainability; locus standi; cause of action; jurisdiction and concealment of true and material facts. On merits, it is pleaded that the present complaint is premature because complainant has neither intimated nor submitted the requite documents with the OP with regard to alleged claim. Deceased Sunil Kumar was not covered for insurance under Pradhan Mantri Jeevan Jyoti Bima Yojna on the date of death. It is further pleaded that the scheme of Pradhan Mantri Jeevan Jyoti Bima Yojna offers one year Renewable Term Insurance Cover to the eligible Saving Bank Account holders through Banks introduced as per CIR.No.P&GS/1369 dated 01.06.2015. The Bank will act as the Master Policy Holder who has entered into MOU with LIC and MPH is responsible for enrollment of Member as per rules and eligibility criteria. The MPH must ensure age eligibility criteria for coverage, recovering premium through “Auto Debit” preserving the content-cum-declaration form i.e. enrollment form and remittance of premium of LIC. Period of Cover:  The period of cover will be for one year commencing from 01.06.2015 and renewal every year 1^st June as Annual Renewable Date. It is further pleaded that as per Bank statement of Punjab and Sind Bank the premium of Rs.330/- was deduced on 31.05.2016 from the bank account no.13161000000246 of Shri Sunil Kumar son of Shri Jagdish Kumar in respect of PMJJBY Scheme under policy no.900100012 and further premium was not received after 31.05.2016 for the said member. The insurance scheme is one year term plan, which is required to be renewed every year. The cover was provided upto 31.05.2017. The premium due was not received after 31.05.2017,  hence the insurance cover terminated from 01.06.2017 and the deceased was not covered for insurance on the date of death i.e.20.02.2020. So nothing is payable in this case. There is no deficiency in service and unfair trade practice on the part of the OPs. The other allegations made in the complaint have been denied and prayed for dismissal of the complaint.

5.             Parties then led their respective evidence.

6.             Learned counsel for complainants has tendered into evidence affidavit of Kusum Devi Ex.CW1/A, copy of Bank passbook Ex.C1, copy of FIR Ex.C2, copy of post mortem report Ex.C3, copy of death certificate Ex.C4, copy of judgment dated 02.07.2022 passed by MACT, Karnal Ex.C5 and closed the evidence on 15.07.2022 by suffering separate statement.

7.             On the other hand, learned counsel for the OP no.1 has tendered into evidence affidavit of Girish Ahuja, Branch Manager Ex.OP1/A, copy of statement of account Ex.OP1, copy of insurance premium credit deduction dated 29.05.2015 Ex.OP2, copy of insurance premium credit deduction dated 29.05.2015 Ex.OP3 and closed the evidence on 17.01.2023 by suffering separate statement.

8.             Learned counsel for the OP no.2 has tendered into evidence affidavit of Puneet Kumar, Manager Ex.OP2/A, copy of circular dated 01.06.2015 Ex.OP2/1, copy of letter dated 22.04.2021 Ex.OP2/2, copy of statement of account from 09.09.2014 to 22.05.2021 Ex.OP2/3 and closed the evidence on 11.07.2023 by suffering separate statement.

 9.            We have heard the learned counsel for the parties and perused the case file carefully and have also gone through the evidence led by the parties.

10.           Learned counsel for complainants, while reiterating the contents of the complaint, has vehemently argued that Sunil Kumar (since deceased) was having a saving bank account with the OP no.1 and he was insured under Pardhan Mantri Jiwan Jyoti Bima Yojna (PMJJBY) Scheme since 2015. Sunil Kumar insured had expired on 22.02.2020. After the death of insured, complainants lodged a claim with the OPs and submitted all the required documents for settlement of the claim but OPs did not settle the claim and repudiated the same on the false and frivolous ground and lastly prayed for allowing the complaint.

11.           Per contra, learned counsel for the OP no.1, while reiterating the contents of written version, has vehemently argued that as per Pradhan Mantri Jeevan Jyoti Bima Yojna and the Pradhan Mantri Suraksha Bima Yojna, the premium Rs.12/- and Rs.330/- were deducted on 29.05.2015 from the saving bank account of the insured Sunil Kumar. After that account holder neither requested the Bank to deduct the premium amount from his account nor deposited the same for getting himself insured in the aforesaid schemes. The insured expired on 22.02.2020 and at that he was not insured in the abovesaid schemes and lastly prayed for dismissal of the complaint.

12.           Learned counsel for the OP no.2, while reiterating the contents of written version, has vehemently argued that as per Bank statement, the premium of amount of Rs.330/- was deducted on 31.03.2016 from the account of Sunil Kumar (since deceased) in respect of Pradhan Mantri Jeevan Jyoti Bima Yojna.  The insurance scheme (PMJJBY) is one year term plan, which is required to be renewed every year. The cover was provided upto 31.05.2017. The premium due was not received after 31.05.2017,  hence the insurance cover terminated from 01.06.2017 and the deceased was not covered for insurance on the date of death i.e.20.02.2020 and lastly prayed for dismissal of the complaint.

13.           We have duly considered the rival contentions of the parties.

14.           Admittedly, Sunil Kumar (since deceased) was the account holder of the OP no.1 Bank. It is also admitted that account holder was insured under the Pradhan Mantri Jeevan Jyoti Bima Yojna scheme and the Pradhan Mantri Suraksha Bima Yojna and in this regard an amount of Rs.330/- and Rs.12/- were deducted from his account in the year of 2015. It is also admitted Sunil Kumar died on 22.02.2020 in roadside accident. 

15.           Complainants have alleged that OPs have deducted the premium amount every year through auto debit facility from the account of deceased Sunil Kumar and as per the Pradhan Mantri Jeevan Jyoti Bima Yojna scheme and the Pradhan Mantri Suraksha Bima Yojna, being legal heirs of deceased, they are entitled for the insured amount. The onus to prove their case was relied upon the complainants but they have miserably failed to prove the same by leading any cogent and convincing evidence. As per bank passbook Ex.C1, the amount of Rs.330/- and Rs.12/- have been deducted till 31.05.2016 and thereafter only Rs.12/- has been deducted on 12.06.2018. After that, aforesaid premium amounts have not been deducted from the account of the insured.  The insured died on 22.02.2020. Hence, at the time of death, he was not covered under the abovesaid schemes. Further, there is nothing on the file to ascertain that deceased has ever availed the auto debit facility for deductions of premium amounts.

16.           Thus, in view of the above, the present complaint is devoid of any merits and same deserves to be dismissed and same is hereby dismissed. No order as to costs. Parties concerned be communicated of the order accordingly and file be consigned to the record room after due compliance.

Announced

Dated:13.11.2024                                                                     

                                                                President,

                                                   District Consumer Disputes

                                                   Redressal Commission, Karnal.

 

                  (Neeru Agarwal)              (Sarvjeet Kaur)

               Member                             Member