Smt. Sovana Chatterjee,

w/o. Sri  Susanta Chatterjee,

residing at P.O. & Village – Domjur, P.S. Domjur,

BOD ( West ), District – Howrah,

West Bengal – 711 405. ------------------------------------------------------- COMPLAINANT.

-          Versus   -

1.      The Branch Head,

Axis Bank Ltd.,

Howrah Branch,

94/1, Dr. Abani Dutta Road, Salkia,

Howrah, W.B. – 711 101.

2.      M/s. Bajaj Allianz Genral Insurance Company Ltd.,

Poddar C ourt, Gate No. 3 ( 7^th floor ),

18, Rabindra Sarani,

Kolkata – 700 001.------------------------------------------------OPPOSITE PARTIES.

                                                P    R    E     S    E    N     T

President     :     Shri T.K. Bhattacharya, M.A. LL.B. WBHJS.

Member      :      Shri P.K. Chatterjee.

Member       :     Smt. Jhumki Saha.

                                                 F   I   N   A    L       O   R   D    E     R

1.                  The complaint case ( C.C. 18 of 2013 ) was filed by the complainant U/S 12 of

the C.P. Act, 1986 against the O.Ps. alleging deficiency in service and unfair trade practice wherein the complainant has prayed for direction upon the O.Ps. to pay the accidental death insurance claim of Rs. 2,00,000/- together with 18% p.a. from the date of death viz. 10-03-2011 together with compensation of Rs. 1,00,000/- and litigation cost of Rs. 10,000/- as the O.P. in spite of submission accidental death claim form, repudiated the claim on some flimsy ground.

2.                  Facts reveal that the petitioner is the most unfortunate and grief  mother of late

Suman  Chatterjee and nominee in the S.B. A/C No. 1160101000137997 under Salary Power Privilege Scheme with ‘0’ balance benefit and related to international debit card no. 5267011160007310 at AXIS Bank Ltd., Howrah Branch, died on 10-03-2011 due to a fatal road traffic accident on 08-03-2011 at Delhi Road near Dankuni P.S. Howrah.  The said ATM holder’s life was covered by free accidental death insurance coverage of Rs. 2

lakhs with M/S Bajaj Allianz General Insurance Company Ltd. i.e. O.P.no. 2.  The complainant has submitted the necessary accidental death claim form with supported / necessary connected documents after being rectified by Mrs. Arpita Sett, the Sr. Manager of  AXIS Bank, Howrah Branch, to  M/S Bajaj Allianz General Insurance Company Ltd. i.e. O.P.no. 2 and the said claim repudiated with the flimsy ground stating the AQB ( i.e., average quarterly balance ) was not maintained in the account by the depositor. Moreover, as per advice of the bank ( herein O.P. no. 1 ) the nominee ( herein petitioner ) closed the Demat Account and on line trading account including closer of the saving bank account  on 01-09-2011 of the depositor. The complainant  in spite of several correspondences / requests for settlement of the claim of the accidental death claim benefits, the O.P. refused and neglected  the claim and finally finding no other alternative the petitioner filed the instant case as she suffered harassment mental agony prayed relief and compensation in connection with this complaint petition.

3.                  Proper notices were served upon the o.ps. The postal endorsement shows ‘left’

against O.P. no. 2 which is as per law is a good service as per Apex Court Order for which ex parte arguments were heard against the O.P. no. 2 in spite of the facts that the notice also issued to the O.P. no. 1 duly received by him as per record (acknowledgement  card ).    

4.                  Upon pleadings of both parties two points arose for determination :

i)                    Whether the O.P.  has negligent in activities and also deficiency

in service by not   taking due care   for settlement of the claim of the petitioner in due time ?

ii)                  Whether the complainant is  entitled to get any relief  and compensation as prayed for ? 

DECISION  WITH   REASONS      :

5.                  Both the points are  taken up together for consideration.  On scrutiny of the

record and the enclosure it appears that late Suman Chatterjee, d/o.  Smt. Sovona Chatterjee ( herein the present complainant ) was holding a saving  S.B. A/C baring no. 1160101000137997 under Salary Power Privilege Scheme with zero  balance benefit and related international debit card ( AT M ) bearing no. 5267011160007310 with the AXIS Bank, Howrah Branch.  The said ATM Card holder’s life was covered by free accidental death insurance for  Rs. 2 lakhs  tie up with M/s. Bajaj Allianz General Insurance Company Ltd., herein O.P. no. 2.

6.                  It is admitted facts that the said  A TM card holder died on 10-03-2011 due to a

fatal road traffic accident on 08-03-2011 at Dankuni P.S., Hooghly. The complainant herein mother of late Suman Chatterjee claimed before the O.P. no. 2 for payment of the accidental death claim benefit after being incorporated necessary supporting documents before the O.P.no. 2 after being ratified with senior manager / representative of the AXIS Bank ( herein O.P. no. 1 ). The O.P. no.2, M/s. Bajaj Allianz General Insurance Company Ltd., repudiated the claim of the complainant with some flimsy ground stating the AQB ( Average quarterly balance ) was not maintained in the accounts by the late Suman Chatterjee ( herein the depositor ) through the said saving account  was under salary power privilege scheme with zero  balance benefit.

7.                  We have gone through the record of both complainant and O.P. and specially

the statements of  accounts of depositor for the period  in between 01-03-2010 and 13-06-2011 as supplied by O.P. no. 1 wherein Rs. 1,36 lakhs was routed through the said accounts during the last three months ( last quarter prior to date of S.B. Accounts holder) of  Rs. 2.18 lakh during 12 months. 

8.                  We have also considered the letter of O.P. no. 1 dated 31-10-2011 wherein the

O.P. no. 1 stated that the waiver of AQB maintenance for SAPPR Accounts starting only with effect from 01-04-2011 in spite of the facts that the depositors died on incident ( accidental death ) on 10-03-2011. It is very surprisingly to note that the date of accident death viz. 10-03-2011 of the depositor skipped of marginally by 21 days to defeat claim as per notings of O.P. no. 1, though there is no cogent ;reason or evidence in support of reputation of the claim by the O.P. no. 2 which is not justified where it is noticed in tallying with the statement of accounts of the depositors wherein it reflects the amounts / transaction within the range of 1.6 lakhs to 2.18 lakhs as per record. Nevertheless it is also pointed out that while opening of the accounts no depositor would foster any dream of such claim by the legal heirs / nominees but the insurance company who surreptitiously makes such free policies under Bank Insurance Scheme where explicit instructions were seem to be conveyed to the depositors while providing of ATM Debit Card nor any policy documents  made available as per records.  

9.                  Considering the above we conclude our considered opinion that the O.Ps. had

carried on gross negligence by not releasing/settlement  the claim amount of Rs. 2 lakhs against accidental death claim benefit as stipulated in the instruction of ATM Debit Card holder’s life which tantamount gross deficiency in service of the O.Ps. and unfair trade practice upon the depositors who is a customer / consumer under the O.Ps. knowing fully the uncalled for situation that was happed in case of depositor, for which it is a fit case against which the complainant is entitled to get relief as prayed for.

         Both the points are accordingly disposed of.  

          In the result, the complaint succeeds.

      Hence,                 

O     R     D      E      R      E        D

That the C. C. Case No. 18 of 2013 ( HDF 18 of 2013 )  be  and the same is

allowed ex parte with  cost against the O.Ps.

            That the O.P. no. 1 & 2  be directed jointly and severally  to pay the claim amount of Rs. 2,00,000/- ( Rupees two lakhs)   to the complainant on account of accidental death claim benefit within one month from the date of this order.

That the O.P. no. 1 & 2  be directed jointly  and severally  to pay compensation of Rs.  50,000/- ( Rupees Fifty thousand )  to the complainant for  prolonged harassment and mental agony within one month from the date of this order.

That the O.P. no. 1 & 2  be  also directed jointly and severally  to pay a litigation costs of Rs. 5,000/- within one month from the date of this order.

If the O.P. nos. 1 & 2   fail to comply with the order within the stipulated period the  entire amount of Rs. 2,55,000/- (  Rupees two lakhs fifty-five thousand ) shall be levied with penal interest of @ 9% p.a. from the date of this order till realization.

            The complainant is at liberty to put the decree into execution after expiry of the appeal period.

      Supply the copies of the order to the parties, as per rule.            

DICTATED  &    CORRECTED

BY   ME.  

     (   P. K. Chatterjee )                                                                 (   P. K. Chatterjee )

   Member, C.D.R.F.,Howrah.                                             Member,  C.D.R.F.,Howrah.

       (  Jhumki Saha  )                                                                     ( T.K. Bhattacharya )                                                              

 Member, C.D.R.F.,Howrah.                                              President, C.D.R.F., Howrah.