Date of Filing: 28/08/2015 Date of Final Order: 14/06/2017
Sri Debangshu Bhattacharjee, Member.
The complainant Mr. Shakti Das filed the case on the death of his son Simanta Das. The brief fact of the case is that the son of the complainant namely Simanta Das met with a road accident on 27/01/2015 and he was died on 6th day of February 2015 at North Bengal Medical College & Hospital, District -Derjeeling, West Bengal. The post mortem examination over the dead body of deceased Simanta Das was held by Dr. Dibyakar Chettri, Demonstrator, department of Forensic medicine, North Bengal Medical College & Hospital, District -Derjeeling, West Bengal & accordingly the death certificate of deceased Simanta Das was issued on 15.05.2015 by the Registrar & medical officer in charge , North Bengal Medical College & Hospital, District -Derjeeling, West Bengal.
The deceased Simanta Das was an account holder of savings bank account No-913010012243499 and he was provided with VISA Debit Card by the opposite party vide International Debit Card Serial No. 4179170020739817 Valid up to the month of march 2018 & there was a personal accident insurance coverage of Rs. 200000.00 (Two Lakh) only to the deceased Simanta Das in respect of said VISA International Debit Card. The deceased Simanta Das nominated his father Shakti Das, the complainant of the case, as his nominee & thereby his father is entitled to get all benefits in connection with above mentioned Savings Bank account as well as VISA Debit Card. Thereafter, the Complainant informed the news of death of his son to the O.P on 10/02/2015 & 20/02/2015. On several occasions, the Complainant went to the O.P regarding the death claim benefit in respect of International Debit Card (VISA) and the amount lying in the aforesaid savings bank account in the name of deceased Simanta Das. The Complainant requested him to handover the claim form/necessary documents for such claim/payment. The O.P asked the Complainant to furnish the Xerox copy of Death Certificate, Post-mortem report, statement of Savings Bank A/c. No.913010012243499, International Debit Card (VISA) and the copy of F.I.R in respect of the deceased Simanta Das. Accordingly, the Complainant submitted the same to the O.P on 18/05/2015. After receiving those documents from the Complainant, the O.P asked him to submit the Death Certificate of deceased Simanta Das from Siliguri Municipal Corporation and accordingly, the Complainant went to the Siliguri Municipal Corporation to obtain the Death Certificate. But the said authority declined to issue the Death Certificate on the ground that the death was occurred at North Bengal Medical College and Hospital, Siliguri, Dist. Darjeeling and valid Death Certificate was already issued from the Registrar and MO-IC, Medical Record Department, North Bengal Medical College and Hospital, Siliguri, Dist. Darjeeling in favour of the deceased Simanta Das. The Complainant informed the said matter to the O.P on 25/06/2015. The O.P asked the Complainant that until & unless the Death Certificate issued by Siliguri Municipal Corporation be filed he would not hand over any claim form/documents. The Complainant tried to convince the OP that the death of his son was occurred at North Bengal Medical College and Hospital, Siliguri, Dist. Darjeeling, no death certificate could be procured from Siliguri Municipal Corporation. After that the OP misbehaved with the complainant and refused to help the complainant.
Finding no other alternative on 20th July 2015 the complainant sent a legal notice to the opposite party by requesting them to make payment of foreside amount within seven days from the receipt of the said legal notice. The legal notice was acknowledged by the OP on 21/07/2015 by putting the signature and official seal. The acknowledgement slip was received by the Ld. Lawyer of the complainant on 23/07/2015. But till date no reply of the said legal notice was given by the opposite party nor was any payment made to the complainant. The complainant also claims that outstanding balance of RS. 14.723/- was laying in the same savings bank account. The Complainant and her family members have been suffering from great financial problem and also suffering from mental pain & agony .The opposite party has adopted unfair trade practice with the complainant.
Accordingly, the Complainant has filed the instant case with a prayer for direction to the O.Ps to pay Rs.214, 723/- (200.000+14.723) along with interest@12%. Rs.50, 000/- as compensation for mental pain & agony and harasment, Rs.100, 000/- for deficiency in service and unfair trade practice and Rs.20, 000/- towards the cost of litigation.
The O.P. No.1 has filed W/V denying all material allegations contending inter-alia that the Complainant has no locus stand to file the instant case and OP party is not liable to pay any claim as claimed by the compliant.
Specific case of the O.P. is that Simanta Das, son of the complainant had a Savings Bank Account in the Cooch Behar branch of the O.P Axis bank .Axis Bank provided international debit card (VISA) to Simanta Das which covered personal accident death benefit up to Rs. 2 (Two )lakh. The said insurance cover was provided by the New India Insurance Company Ltd. Axis Bank has not collected any charges for providing benefit of the policy to Simanta Das .The role of the OP is only a facilitator and the actual insurance was issued by the insurance company and as such the complaint filed against the OP liable to be dismissed.
It is also the case of the O.P. that on 20/07/2015 they received the legal notice from the complainant. On 21/07/2015 the OP asked the complainant to submit all relevant documents. Till date no document was submitted by the complainant. The opposite party is only a corporate agent /facilitator to the insurance benefits which in fact offered by the insurance company. The role of the OP is limited to forward the claim to the insurance company, if and when the same is received from the complainant. The OP is not at all responsible or involved in it and hence the liability cannot be fastened on the OP in terms of the provision of Section 230 of Indian Contract Act.
On the basis of the upper mention facts and circumstances the op prays to pass necessary order to dismiss the above case with sufficient cost.
Considering the pleadings of both sides, the following points are framed in order to arrive at a decision.
POINTS FOR CONSIDERATION
- Is the Complainant a Consumer as per Section 2(1) (d) (ii) of the C.P. Act, 1986?
- Has this Forum jurisdiction to entertain the instant complaint?
- Has the Opposite Party any deficiency in service and are they liable in any way?
- Whether the Complainant is entitled to get relief(s) with compensation?
DECISION WITH REASONS
We have gone through the record very carefully, perused the entire documents in the record also heard the argument at a length by the parties.
Point No.1.
Evidently the deceased Simanta Das, son of the complainant had a Savings Bank Account in Cooch Behar branch of the O.P Axis bank and he deposited and withdrew money from there. Axis Bank provided international debit card (VISA) to Simanta Das which covered personal accident death benefit up to Rs. Two lakh. The complainant is the nominee of deceased Simanta Das. So the complainant is a consumer under the O.P bank.
Point No.2.
The O.P Axis bank has a branch office at Cooch Behar within the jurisdiction of this Forum and the total valuation of this case within Rs.300,000/- which is far below than maximum pecuniary limit of this Forum i.e. Rs.20,00,000/-. So, this Forum has territorial and pecuniary jurisdiction to try this case.
Point No.3 & 4.
It is not disputed that deceased Simanta Das, son of complainants, had a savings bank account with Axis Bank, Coochbehar and Axis Bank provided international debit card (VISA) to deceased Simanta Das which was covered personal accident death benefit up to Rs. 2 (Two) lakh. The account of the deceased Simanta Das was in a running condition with sufficient balance in his account. So, it is cleared that he was entitled to get all facilities of his account and debit card.
Soon after the death of his son the complainant or the nominee (Father) of the deceased Simanta Das went to the OP bank and produced the death certificate, post mortem report and other relevant documents to the O.P bank and asked them to give him the claim form by which the complainant could submit the insurance claim. From the beginning of the claim procedure the O.P bank started questioning on the documents like the death certificate. At first the OP bank asked the complainant to bought the Death certificate issued by the Municipal Authority not by the medical college. This attitude of a bank with the nominee, after the death of their valuable customer is unexpected.
The OP bank in their WV, Evidence and Written argument submitted that as terms & conditions of the policy had already been apprised to deceased Simanta Das and as payment was to be made by Insurance Co. so, no deficiency on their part. As far liability of Axis Bank is concerned, Axis Bank has not collected any charges for providing benefit of the policy to Simanta Das and in such circumstances, where services were offered voluntarily without any charges, complainant do not fall within the purview of 'consumer'. But, the OP bank has not placed any document to support the upper mentioned facts.
In this case all the insurance paper of the international debit card (VISA) of deceased Simanta Das which covered personal accident death benefit up to Rs. 2 (Two) lakh. is still under the custody of the OP bank and the learned agent for complainant submitted that Axis Bank not intimated terms & conditions of policy to deceased; hence, Axis Bank was liable. This argument is devoid of force because OP Bank have not placed any evidence on record to substantiate that terms & conditions of policy were apprised to deceased.
The complainant sent a legal notice to the OP bank on 20/07/2015 to take necessary steps by which he could submit the insurance claim to the appropriate authority. The OP Bank admitted the fact in their written argument and stated that the matter was settled with the complainant. But the fact is, till date the OP bank did not give any reply of the same to the complainant. This attitude of the OP bank proves their gross negligence and thy adopted unfair trade practice to his valuable customer.
In Para 10 of the written argument the OP Bank stated that according to the Section 230 of Indian Contract Act the liability cannot be fastened on them. But in this case all the insurance paper of the complainant is under the custody of the OP bank and the learned agent for complainant submitted that Axis Bank not intimated terms & conditions of policy to deceased. Bank has not placed any evidence on record of contract paper.
The OP bank also refers to an order passed by the Andhra Pradesh State consumer Disputes Redressal Commission dated 30/07/20110 (FA No- 86/2008). But, in this case the customer or the nominee of the OP bank was unable to produce his insurance claim due to the gross negligence of the OP bank. So, this reference is not a proper example related to this case.
In the light of the foregoing discussion it is established that there is clear deficiency in service from the side of the O.P by not settling the insurance claim of the Complainant or not provide any assistance to the complainant to avail the genuine insurance claim also they have adopted unfair trade practice. Thus, the Complainant is entitled to get reliefs as sought for. All the points are decided in favour of the Complainant.
The complaint succeeds accordingly.
Hence,
It is Ordered,
That the present case be and the same is allowed on contest against the O.P. with cost of Rs.5, 000/-.
The O.P is directed to pay the insurance claim value of Rs.200, 000/- in connection with the personal accident death benefit to the Complainant.
The complainant do get back the balance amount of the savings bank account with interest up to date, according to savings bank account interest.
The O.P is further directed to pay Rs.5, 000/- as compensation for mental pain & agonies of the Complainant. The O.P shall have to pay Rs.5, 000/- to the Legal Aid Account for adopting unfair trade practice and deficiency in services. The entire order must be complied by the O.P within 30 days i/d the interest @ 8% P.A. shall be levied upon the unpaid amount till its full realization.
Let a plain copy of this Order be supplied to the parties concerned by hand/by Registered Post with A/D forthwith, free of cost, for information & necessary action, as per rules.
Dictated and corrected by me.
