DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,

PATIALA.

                                      Consumer Complaint No. 124 of 28.3.2016

                                      Decided on:   19.4.2017

Hardeep Kaur D/o Rajinder Singh R/o Village Khasian Sanour, Patiala.

                                                                   …………...Complainant

                                      Versus

1.       State Bank of India through its Branch Manager Sanour, Patiala.

2.       State Bank of India Insurance Company, Chhoti Baradari, Patiala.

                                                                   …………Opposite Parties

                                      Complaint under Section 12 of the

                                      Consumer Protection Act, 1986.

QUORUM

                                      Smt. Neena Sandhu, President

                                      Smt. Neelam Gupta, Member                              

ARGUED BY:

                                      Sh.D.P.S.Anand, Advocate, counsel for complainant.

                                      Opposite Parties No.1&2 ex-parte.

 ORDER

                                    SMT.NEENA SANDHU, PRESIDENT

                 Smt.Hardeep Kaur  has filed this complaint under Section 12 of the Consumer Protection Act,1986 ( hereinafter referred to as the Act) against the Opposite Parties (hereinafter referred to as the O.Ps.) The brief facts of the complaint are as under:

2.                That complainant is the nominee of late Sh.Simranjit Singh Gill S/o Rajinder Singh, who was having saving bank account bearing No.20234170829 with OP no.1.Said Sh.Simranjit Singh Gill died in an accident on 19.5.2015.Post mortem was also conducted on his body. It is averred that OP no.1 had deducted Rs.100/- on 10.4.2015, as premium of the insurance policy covering the risk of accidental death of the account holder, to the tune of Rs.2lac.The OP no.2 being the insurer, the premium of Rs.100/- was further paid to it.The entry of the same was also made in the pass book of deceased Simaranjit Singh Gill. It is averred that she being the nominee of the deceased, lodged the claim with OPs and supplied all the documents with the O.Ps but they with one pretext or the other have lingered the matter and till date failed to pay any claim amount, which amounts to deficiency in service on their part for which she is suffering from mental agony and physical harassment. Hence this complaint with a prayer for a direction to the OPs to pay her the insured amount of Rs.2lac alongwith interest @12% per annum from the date of accident till realization and Rs.50,000/-as compensation.

3.                On being put to notice, the OPs failed to come present and were accordingly proceeded against exparte.

4.                In the ex-parte evidence, the ld. counsel for the complainant tendered in evidence Ex.CA, sworn affidavit of the complainant alongwith documents Exs.C1 to C4 and closed the evidence.

5.                We have heard the ld. counsel for the complainant and have also gone through the record of the case, carefully.

6.                The learned counsel for complainant submitted that Late Sh. Simranjit Singh, the brother of the complainant was holding a saving bank account, bearing No.20234170829 with State Bank of India, Patiala, i.e. O.P. No.1. It deducted Rs.100/- as insurance premium on 10.04.2015 from the account of late Sh.Simranjit Singh, for purchase of insurance policy for its account holder from the O.P. No.2. On 19.05.2015, Late Sh. Simranjit Singh, met with an accident and succumbed to injuries. Late Sh. Simranjit Singh was the member of the group insurance policy, which the bank had taken for the benefits of its accounts holders and the said insurance policy is in the custody of the bank only. Late Sh. Simranjit Singh Gill appointed the complainant as his nominee for the said policy. In support of this contention, the complainant has placed on record her duly sworn affidavit  Ex.CA. After the  death of her brother Simranjit Singh Gill, she being a nominee lodged a claim with the O.Ps. But they have not settled the genuine claim of the complainant till yet.

7.                From the perusal of copy of passbook of Late Sh. Simranjit Singh Gill, having saving bank  account bearing No.20234170829, Ex.C2, it is apparent that on 10.04.2015, a sum of Rs.100/- was debited as insurance premium from his account. Although, complainant, in her affidavit has deposed that late Sh. Simranjit Singh Gill was her brother and he  appointed her as his nominee in the said insurance policy. This contention of the complainant has gone un-rebutted as the Ops instead of contesting the case have chosen to remain absent. Facing with this situation, we dispose of the present complaint with a direction to the complainant to approach the Bank for settlement of the claim within 15 days from the date of the receipt of the certified copy of this order  and thereafter the Bank i.e. OP1 after verifying from its record, as to whether the complainant is nominee of late Sh.Simranjit Singh or not shall forward the case  of the complainant for settlement of the claim to OP no.2 i.e. Insurance company, within 15 days from the date of the fulfillment of all the requisite formalities by the complainant.  The OP No.2 is also directed to settle the claim of the complainant within 30 days on receipt of the requisite papers from OP no.1.The parties are left to bear their own costs. Certified copies of this order be sent to the parties free of cost under the Rules. Thereafter file be indexed and consigned to the Record Room.

ANNOUNCED

DATED:19.4.2017                

                                                                   NEENA SANDHU

                                                                       PRESIDENT

                                                                   NEELAM GUPTA

                                                                         MEMBER