Haryana

Kurukshetra

79/2018

Omkar Krishan - Complainant(s)

Versus

SBI - Opp.Party(s)

Prem Singh

11 Jul 2019

ORDER

BEFORE THE DISTRICT CONSUMER DISPTUES REDRESSAL FORUM, KURUKSHETRA.

                                                     Complaint Case No.79 of 2018.

                                                     Date of institution: 11.04.2018.

                                                     Date of decision: 11.07.2019.

 

Omkar Krishan Mangla son of Sh. Ram Chander Mangla, resident of Khera Mari, Babain, Sub Tehsil Babain, District Kurukshetra.

…Complainant.

                        Versus

1. State Bank of India, Branch Babain, Distt. Kurukshetra, through its Branch Manager.
2. State Bank of India, Railway Road, Kurukshetra, through its Branch Manager.
3. SBI Life Insurance, Sector 17, Kurukshetra, through its Branch Manager.
4. SBI Life Insurance Company Ltd. 8^th Floor, Seawoods Grand Central, Tower 2, Plot No.R-1, Sector-40, Seawoods, Nerul Node, Navi Mumbai, Maharastra- 400706, through its Managing Director.   

….Opposite parties.

Before:      Smt. Neelam Kashyap, President.

                Ms. Neelam, Member.

                Sh. Sunil Mohan Trikha, Member.

       

Present:     Sh. Prem Singh, Advocate for complainant.   

                Sh. B.S. Gollan, Advocate for opposite party No.1.

                Sh. Rajan Chawla, Advocate for opposite party no.2.

Sh. Arvind Bhardwaj, Advocate for opposite parties no.3 and 4.        

 

ORDER

                This is a complaint under Section 12 of the Consumer Protection Act, 1986 moved by complainant Omkar Krishan Mangla against the State Bank of India and others, the opposite parties.

2.            It is stated in the complaint that complainant is the husband of Anjana Mangla, since deceased. The wife of complainant opened an account with op no.1 on 5.3.2017 with Rs.100/- and on 27.3.2017 deposited a sum of Rs.500/-, then op no.1 offered for taking benefits on natural death under policy Pardhan Mantri Jeewan Jyoti Bima Yojana to deceased and she signed and submitted some relevant documents for taking benefits of said policy by paying Rs.330/- per annum from her saving account No.36602261000. It is further averred that wife of complainant got insured herself under the scheme under policy no.76001000135 on 30.3.2017 for a period of one year for a sum of Rs.two lacs. The amount of premium was credited from the saving account of deceased Anjana. It is further averred that wife of complainant died on 29.11.2017 prior to the majority of the said insurance policy. That after the death of wife of complainant, the complainant approached the ops on 28.12.2017 for insurance amount and completed all the formalities as required by the ops for the claim amount of insurance policy of wife of complainant, but the ops started putting off the matter on one pretext or the other. Then a refusal letter was sent by op no.4 to the complainant. That the act of the ops amounts to deficiency in service towards the complainant and ops have illegally and fraudulently declined the amount of policy to the complainant. Hence, this complaint.

3.             Upon notice, opposite parties appeared. Op no.1 filed written statement taking certain preliminary objections. It is submitted that complainant has concealed the true and material facts from this Forum and has not come with clean hands. The complainant has cooked up a false and frivolous story in the present complaint. The complainant’s wife was insured under Scheme Pradhan Mantri Jeewan Jyoti Bima Yojana under policy No.76001000135 on 30.3.2017 and an amount of Rs.330/- was deducted from the account of complainant’s wife. Said insurance policy was for the period w.e.f. 30.3.2017 to 31.5.2017. As per the scheme, the policy holder has to pay premium of Rs.330/- for one year beginning from 1^st June of the year up to 31^st May of the next year. If any policy holder got insurance policy after June, it will be remain effective up to 31^st May of the next year and auto debit facility from the account is also permitted after getting the consent of the policy holder. The said policy was effective up to 31.5.2017 and policy holder is not entitled for insured amount. It is further submitted that as there was insufficient balance in the account as on 1.6.2017, the policy could not be renewed for further period of one year, as enshrined in the subject policy of scheme. Therefore, policy holder and complainant is not entitled for any relief and compensation from the insurance company or Bank.  Remaining contents of complaint are also denied and prayer for dismissal of complaint made.

4.             Opposite party no.2 in its separate reply took certain preliminary objections regarding mis joinder and non joinder of necessary parties, locus standi, involvement of complicated questions of law and facts, maintainability and that complainant has concealed the true and material facts from this Forum, as such complainant is not entitled for any relief. It is submitted that complainant is having no saving account as mentioned in the complaint with the answering op/ branch. The complainant is neither the consumer of the answering op’s branch nor having any relation regarding the insurance of the deceased with the answering op branch. The answering op has been impleaded in the array of the ops only with a motive to create the territorial jurisdiction of this Forum. On merits, the contents of the complaint are denied and prayer for dismissal of complaint made.

5.             Ops no.3 and 4 filed written statement raising certain preliminary objections regarding jurisdiction etc. It is submitted that as per records of the company, late Ms. Anjana Mangla was granted insurance cover under Pradhan Mantri Jeevan Jyoti Bima Yojana with date of commencement 1.4.2017 and cover end date as 31.5.2017. The Master Policy holder has issued a certificate of insurance for covering the risk during the period from 1.4.2017 to 31.5.2017. It is further submitted that this is one year renewable group term insurance plan in which the policy will be renewed every year on the renewal premium of Rs.330/- on the annual renewal due date i.e. 1^st June of every year. The renewal premium due on 1.6.2017 for the policy year 2017-18 was not received by the company and insurance cover lapsed with effect from 1.6.2017. As per clause 2 stated in the certificate of insurance issued to the deceased, risk cover for the member shall automatically cease on occurrence of any of the following events…. iii. On non-payment of premium beyond grace period of 30 days from the due date of premium. It is further submitted that late Anjana Mangla is reported to have died on 29.11.2017, whereas the insurance  cover lapsed on 11.6.2017. Thus, as on the date of death of late Ms. Anjana Mangla, there was no insurance cover existing on her life. Hence, the claim is not payable under the policy and same was intimated to the petitioner vide letter dated 9.2.2018. With these averments, dismissal of complaint prayed for.

6.             Learned counsel for complainant tendered affidavit Ex.CW1/A and documents Ex.C1 to Ex.C6. Ld. Counsel for ops no.3 and 4 tendered affidavit Ex.RW1/A and documents Ex.R1 to Ex.R4. Learned counsel for op no.1 tendered affidavit Ex.RW2/A and documents Ex.R5 to Ex.R7.

7.             We have heard learned counsel for the parties and have perused the case file carefully.

8.             There is no dispute that wife of complainant namely Anjana Mangla since deceased opened an account with opposite party no.1 on 5.3.2017 with Rs.100/- and on 27.3.2017, she deposited a sum of Rs.500/- with op no.1 as is evident from copy of statement of account Ex.C3. Further, the wife of complainant got insured herself with ops no.3 and 4 through op no.1 under the scheme Pradhan Mantri Jeewan Jyoti Bima Yojana for  the insured amount of of Rs.2,00,000/- for which an amount of Rs.330/- as premium was deducted by op no.1 from the account of wife of complainant on 30.3.2017. It is also not in dispute that wife of complainant namely Anjana Mangla died on 29.11.2017 and said fact is proved from death certificate Ex.C1.

9.             The main point to be decided in this case is whether the insurance policy was in existence on the date of death of insured i.e. on 29.11.2017 or not?

10.            Learned counsel for complainant has contended that insurance was for a period of one year and as wife of complainant died on 29.11.2017 prior to the majority of the said insurance policy, the complainant being the nominee and husband of insured is entitled to the insurance amount of Rs.2,00,000/- from the ops. He has further contended that had the wife of the complainant been alive, she would have renewed the policy for the next year also and has prayed for acceptance of the complaint.

11.            On the other hand, learned counsel for ops no.1 as well as ops no.3 and 4 jointly contended that no doubt an amount of Rs.330/- was deducted from the account of wife of complainant on 30.3.2017 and she was insured under the above said scheme of Pradhan Mantri Jeewan Jyoti Bima Yojana but the said insurance policy was for the period 30.3.2017 to 31.5.2017 and the wife of complainant was to pay premium of Rs.330/- from 1.6.2017 for renewal of the policy in question. The said policy was effective up to 31.5.2017 and was not renewed further and was in lapsed condition on the date of death of wife of complainant and as such complainant is not entitled to any amount and prayed for dismissal of complaint.

12.            Learned counsel for op no.2 has contended that op no.2 is branch at Kurukshetra whereas wife of complainant was having account with branch at Babain i.e. op no.1 and op no.2 has no role in this case and has been unnecessarily impleaded as party.

13.            We have considered the rival contentions of the parties and the answer is that policy in question was lapsed condition on the date of death of insured Smt. Anjana Mangla. As per policy documents and from certificate of insurance Ex.R2, it is evident that date of commencement of policy purchased by insured Smt. Anjana Mangla was 1.4.2017 and insurance cover end date was 31.5.2017 and she was to pay next premium for the renewal of the policy on 1.6.2017 but that was not paid till the date of Smt. Anjana Mangla which took place on 29.11.2017 and as such the policy was in lapsed condition on the date of death of insured. From the copy of statement of account Ex.R5, it is evident that after deduction of the amount of Rs.330/- by op no.1 on 30.3.2017 from her account, the balance amount was Rs.270/- in her account and no amount was deposited by the wife of complainant. Neither the wife of complainant deposited any further amount with op no.1 to deduct the premium of Rs.330/- nor given any consent to op no.1 for renewal of the policy in question and as such op no.1 was not in position to deduct the premium for renewal of policy for want of sufficient amount in the account of wife of complainant and due consent. As per documenjt of Pradhan Mantri Jeevan Jyoti Bima Yojana mark A, it is a one year life insurance scheme, renewable from year to year offering coverage for death and the cover period is 1^st June of each year to 31^st May of subsequent year and as such the cover period in the case of insured Anjana Mangla was up to 31.5.2017 and she was required to renew the policy on 1.6.2017 and on account of non renewal of the policy, the policy was in lapsed condition on the date of death of insured. The op no.2 has also been unnecessarily impleaded as party and we agree with the contention of learned counsel for op no.2 in this regard. The complainant has failed to prove any deficiency in service on the part of other ops.

14.            In view of above, we find no merit in the present complaint and same is hereby dismissed but with no order as to costs. A copy of this order be supplied to the parties free of costs. File be consigned to the record room  after due compliance.            

Announced in open Forum:

Dt.: 11.07.2019.                                                  (Neelam Kashyap)

                                                                        President.

 

(Sunil Mohan Trikha),           (Neelam)       

Member                             Member.