Sri Kamal De, President

The case of the complainant in short is that: the husband of the complainant had a DSP Account being no. 20046410867 in the State Bank of India at Mecheda Branch which was covered by insurance in respect of PAI of SBI card holder. The husband of the complainant died in a motor vehicle accident which occurred on 13.02.2013. The complainant submitted all the relevant papers on 30.03.2013 to the OP parties for settling the claim amount. Claimant, Amita Maity, is the nominee of the said policy bearing nominee no. 6416596. The complainant visited the office of the OP parties to get the claim amount but all efforts are in vain. The complainant has claimed Rs.300000/- plus interest from the date of filing this petition plus litigation cost.

The OP 1, SBI, Mecheda Branch, filed W/V contending interalia that the instant case is not maintainable in its present form and in law. The statements made in para 2,3,4,5 of the petition of complaint are also denied. This Op has stated that the present policy was issued in the name of Soumen Maity with sum assured of Rs.300000/- for his death in accident and as per MoU between this OP and OP3, OP3 made payment of Rs. 3,00,000/- in the account of the complainant Amita Maity for death of her husband Soumen Maity (since deceased), being her A/c no. 32906594226 of SBI, Mecheda Branch on 17.03.2015. This OP has prayed for dismissal of the case.

The, New India Assurance Co. Ltd. (OP2 and 3) also contested the case alleging that the case is not maintainable in law. It is alleged that the prayer of the complainant is improper, illegal and unjust. It is stated that this OP being insurer of the policy has already payment in favour of the nominee, Amita Maity, being complainant on account of death of her deceased husband, Soumen Maity amounting to Rs.300000/- vide invoice 170200CN140000027025 dtd. 16.03.2015 with information to SBI, Santipur Branch, and also to the complainant through letter dtd. 16.03.2015. It is also stated that the claim made by the complainant was under process and in the meantime complainant has filed the instant case although there was no repudiation. This OP has also prayed for dismissal of the complaint.

Perused the petition of complainant, written versions of the respective OPs and the documents filed from the side of both the parties and the WNA on behalf of complainant and the OPs and others materials on record.

It is an admitted position that the complainant had a DSP account being no. 20046410867 in the State Bank of India at Mecheda Branch which was covered by insurance in respect of PAI of SBI card holder. It is also an admitted position that the said policy was issued for personal accident insurance (death) of A/c holders of SBI being policy no. 170200CN140000027025 dtd. 16.03.2015 valid from 04.01.2013 to 03.01.2014 in account of Mr. Soumen Mairty and policy was issued with sum assured of Rs.300000/- for death on accident. It also appears from the materials on record that the husband of the complainant died in a motor vehicle accident which occurred on 13.02.2013. It also appears from records that the complainant submitted all the relevant papers on 30.03.2013 to the OP for settlement of claim amount. The instant case was filed on 09.02.2015 i.e. well within time. It also appears that OP 3 by letter dtd. 13.12.2013 informed the petitioner that they are unable to process the claim and they are closing the file as ‘no claim’. This letter as we think can be treated as repudiation of the claim.

It, however, appears that OP party being insurer of the policy has already made payment in favour of the nominee, being complainant, Amita Maity on account of death of the deceased, Soumen Maity through her Bank Account no. 32906594226 with SBI, Shantipur Branch, Purba Medinipur IFSC code SBIN00003695 vide this OP party 3’s invoice no. 170200CN140000027025 dtd. 16.03.2015. We think that there was deficiency in service from the side of the Insurance co. as it has repudiated the claim vide its letter dtd. 13.12.2013. Accordingly, we think that the complainant is entitled to get interest for the period 13.12.2013 to 16.03.2015 i.e. from the date of repudiation of the claim of the complainant till date of actual payment of the insured amount.

Hence, it is,

Ordered

that the instant consumer case being no. CC/12/2015 is allowed on contest against the OPs. OP no. 2 and 3 are directed to pay interest on the insured amount for the period 13.12.2013 to 16.03.2015 @ 4% p.a. apart from litigation cost of Rs.3000/-. Such payment has to be made within 30 days for the date of this order, in default the complainant is at liberty to put the order into execution in accordance with the appropriate provision of Consumer Protection Act, 1986, in such case further interest @ 9% p.a. shall be imposed upon the total amount payable by the OP, until actually paid. No order is passed against OP no. 1.