Haryana

Karnal

CC/547/2021

Smt. Darshna Devi - Complainant(s)

Versus

State Bank Of India - Opp.Party(s)

S.S. Moonak

04 Mar 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KARNAL.

                                                        Complaint No. 547 of 2021

                                                        Date of instt.01.10.2021

                                                        Date of Decision:04.03.2024

 

Smt. Darshna Devi, aged 62 years, wife of late Shri Balwan Singh, resident of house no.2986, Shiv Colony, Kaithal Road, Karnal. Aadhar no.8559 0570 3086.

                                            …….Complainant.

                                              Versus

 

State Bank of India, Main Branch, The Mall Road Karnal through its Branch Manager.

 

                                                                   …..Opposite Party.

       

Complaint Under Section 35 of Consumer Protection Act, 2019.

 

Before   Shri Jaswant Singh……President.

              Shri Vineet Kaushik……Member

              Dr. Suman Singh…..Member

                   

Argued by: Shri S.S Moonak, counsel for complainant

                   Shri Sudarshan Chaudhary, counsel for the OP.

 

                    (Jaswant Singh President)

ORDER:   

 

                  The complainant has filed the present complaint under Section 35 of Consumer Protection Act, 2019 against the opposite parties (hereinafter referred to as ‘OPs’) on the averments that husband of complainant Shri Balwan Singh (since deceased) was having SB bank account no.10868340082 with the OP bank. The husband of complainant received injuries in a roadside accident on 28.06.2021 within the area of P.P. Farmana, P.S. Kharkhoda, District Sonepat and he succumbed to the same on 28.06.2021. His post mortem was conducted by the doctor of PGI Rohtak on next day. A DDR was recorded with the P.P.Farmana, P.S. Kharkhoda, District Sonepat in this regard. The complainant is the widow of Balwan Singh who was having ATM card no.4591 1503 3971 3786 valid upto October, 2023. The card was SBI Classic Visa Signature card. Prior to his death Balwan Singh was using the said ATM card regularly. The complainant being the widow of deceased Balwan Singh is entitled to receive the compensation of the aforesaid ATM card as per the policy. As per the said ATM card policy, the husband of complainant was insured for Personal Accident Claim for covering the risk of his life to the tune of Rs.10 lakhs. After the death of her husband, complainant alongwith her relative Sunil (son-in-law) visited the OP bank and submitted all the relevant documents and requested to settle the claim of complainant but OP did not settle the same after repeated requests and lastly refused to pay the compensation covered under the abovesaid ATM card. Then complainant sent a legal notice dated 07.08.2021 but it also did not yield any result. In this way there is deficiency in service and unfair trade practice on the part of the OP. Hence this complaint.

2.             On notice, OP appeared and filed its written version pleading therein that husband of complainant Shri Balwan Singh (since deceased) was having a SBI Bank account no.10868340082 with the OP. There is no insurance on this particular variant of ATM card i.e. SBI Classic Visa Signature card having card no.4591 1503 3971 3786 as per the policy of the bank. As per the policy of the bank, no insurance claim is given on the particular ATM variant. Bank is not liable to pay any compensation to the complainant. This matter was duly conveyed to the complainant in time.

3.             Parties then led their respective evidence.

4.             Learned counsel for the complainant has tendered into evidence affidavit of complainant Ex.CW1/A, copy of statement of account of Balwan Singh Ex.C1, copy of DDR Ex.C2, copy of Ruqa Ex.C3, copy of post mortem report Ex.C3, copy of ATM card Ex.C4, copy of driving licence of Balwan Singh Ex.C5, copy of legal notice dated 07.08.2021 Ex.C6, postal receipt Ex.C7 and closed the evidence on 24.05.2022 by suffering separate statement.

5.             On the other hand, learned counsel for the OP has tendered into evidence affidavit of Lakshay Gaba Assistant Ex.OP1/A, copy of ATM policy Ex.OP1, copy of statement of account Ex.OP2 and closed the evidence on 04.05.2023 by suffering separate statement.

6.             We have heard the learned counsel for the parties and have gone through the record available on the file carefully.

7.             Learned counsel for the complainant, while reiterating the contents of complaint, has vehemently argued that husband of complainant (since deceased) was having bank account with the OP bank and also having SBI Classic Visa Signature ATM card. On 28.06.2021, the husband of complainant received injuries in a roadside accident and he succumbed to the same day. A DDR was also recorded in this regard. As per the said ATM card policy, the husband of complainant was insured for Personal Accident Claim for covering the risk of his life to the tune of Rs.10 lakhs. The complainant being the widow of deceased Balwan Singh is entitled to receive the compensation of the aforesaid ATM card as per the policy. After the death of her husband, complainant submitted all the relevant documents and requested to settle the claim but OP did not settle the same after repeated requests and lastly refused to pay the compensation and prayed for allowing the complaint.

8.             Per contra, learned counsel for the OP, while reiterating the contents of written version, has vehemently argued that there is no insurance on this particular variant of ATM card i.e. SBI Classic Visa Signature card as per the policy of the bank. So, Bank is not liable to pay any compensation to the complainant and lastly prayed for dismissal of the complaint.

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

10.           The complainant has alleged that her husband was having SBI Classic Visa Signature ATM card. As per the said ATM card policy, the husband of complainant was insured for Personal Accident Claim for covering the risk of his life to the tune of Rs.10 lakhs. After the death of her husband, complainant being the widow of deceased Balwan Singh is entitled to receive the compensation covered under the said ATM card. The onus to prove her case was relied upon the complainant but she has miserably failed to prove the same by leading any cogent and convincing evidence. Rather, on the other hand, OP has alleged that there is no insurance on SBI Classic Visa Signature card. To prove its version, OP relied upon the Detail of the Insurance Cover offered by the bank to the eligible Debit Card variants Ex.OP1, which is reproduced as under:-

i. (a) Personal Accidental Insurance (Death) Non Air: This insurance covers the Debit cardholder for non-air accidental death only, to the extent as applicable on the type of Debit card held. This insurance cover shall become operational when the card is used at least once for a financial transaction on any channel, viz ATM/PoS/eCom during the last 90 days from the date of accident.

i.(b) Personal Air Accidental Insurance (Death): This insurance covers the Debit cardholder for air accidental death only, to the extent as applicable on the type of Debit card held. This insurance cover shall become operational when the card is used at least once for a financial transaction on any channel, viz ATM/PoS/eCom during the last 90 days from the date of accident, subject to the condition that the air ticket for that air travel should have been purchased by using the Debit card.

The details of the Personal Accident Insurance(Air &Non-Air) are as follows:

Debit card variant	Personal Accident Insurance cover-non-air (death only) in Rs.	Personal Air Accident Insurance Cover (Death only) # in Rs.
SBI God (Master card/Visa)	2,00,000/-	4,00,000/-
SBI Platinum (Master card/Visa)	5,00,000/-	10,00,000/-
SBI Pride (Business) Debit (Master card/Visa)	2,00,000/-	4,00,000/-
SBI Premium (Business Debit) Master Card/ATM	5,00,000/-	10,00,000/-
SBI Visa Signature/master card World Debit Card	10,00,000/-	20,00,000/-

 

11.           On perusal of the abovesaid detail, it is nowhere mentioned that SBI Classic Visa Signature card of deceased Balwan Singh is covered under the policy.

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

Announced

Dated:04.03.2024                                                                    

                                                                President,

                                                    District Consumer Disputes

                                                    Redressal Commission, Karnal.

 

 (Vineet Kaushik)       (Dr. Suman Singh)

  Member                   Member