Brief fact of this case is that, the complainant’s wife Chandana Behera was a consumer under Op.No.1 having savings A/C.No.201634006003822 at Odisha Gramya Bank, Salapada Branch. On dt. 11.08.2021 an amount of Rs.330/- only has been debited from her savings account automatically for the purpose of PMJJBY premium for life insurance.Chandana Behera was died on dt.16.08.2021 at the age of 48 years old. The said PMJJBY age limit is  18 years to 50 years and life cover is Rs.2,00,000/- only for the one year period stretching from 1^st June to 31^st May and will be renewable. Risk coverage under this scheme for Rs2,00,000/- only in case of death of the insured due to any reason. The petitioner is the husband of Chandana Behera and he is also the nominee in that Savings account. So, after death of his wife the petitioner brought a notice to OP.No.1 but they did not take any step regarding settlement of PMJJBY insurance death benefit. So, he prayed that necessary order may kindly be passed and direct the Ops to pay the said PMJJBY insurance death benefit to the complainant and failure to pay the amount as ordered by the Hon’ble forum, the said OP may be enforced by keeping the defaulting person in jail custody.

The complainant relies upon the following documents:

1. OriginalSavings Account pass book of deceased A/C holder.
2. Photocopy of death certificate of deceased account holder.
3. Photocopy of Department of Finance Service (Govt. of India).
4. Photocopy of letter of Sarpanch, Bailo G.P.

• Under the above complain the case was admitted and notice issued to Ops. The Ops appeared and filed their written version in detail. In his written version the Op No.1 stated that the case is not maintainable. There is no cause of action to bring this proceeding as against the Ops. The Life Insurance Company being the Insurer has not been made a party in this case as such the petition suffers from non-joinder of necessary party. Hence the petition is liable to be rejected.The deceased Behera had also given her consent by way of execution of one declaration on dt.11.08.21 knowing well the contents thereof and the terms and conditions of the Insurance policy and requested for her enrolment under PMJJBY Scheme under the Life Insurance Policy for getting benefits of Rs.2,00,000/- only from Life insurance policy in case of her death after 45days of her enrolment under PMJJBY scheme. After due enrolment on 11.08.2021 premium for Rs.330/- is debited from her savings bank account through the OP Bank. In the instance case since the lien clause of 45days is applicable and in view of the death of the policy holder, Chandana Behera on dt.16.08.2021 i.e after 5 days of her enrolment of the policy under the scheme, the nominee is not entitled to the death benefit, hence the claim of the nominee/petitioner is rejected. The claim settlement of the deceased alongwith the relevant documents were submitted by the nominee on 20.4.22 after the stipulated period of thirty days has been forwarded to the Regional Office of Odisha Gramya Bank at Keonjhar, but it is returned without consideration due to the death of policy holder within 45 days of enrolment which has been communicated to the complainant. There is absolutely no negligence on the part of Op No.1 in respect of the settlement of claim.The Ops are not the insurance company to pay the death benefit rather it acts as the post office only to receive the insurance proposals and to debit the premium from the account of the policy holder. Hence, the petition being devoid of merits is liable to be rejected with cost due to filling of a vexatious petition.

The OP relies upon the following documents:

1. Scheme of PMJJBY.
2. Declaration form of deceased Chandana Behera.
3. Statement of S.B.A/C of Chandana Behera.
4. Death certificate and claim form of the Nominee/petitioner with check list.

On the above pleadings the following issues are framed to decide the case.

1. Whether the case is maintainable?
2. Whether any cause of action arises on this case?
3. Whether Ops have made any deficiency of service?
4. Whether the complainant is entitled to get any relief sought for?
5. Whether the case is bad for non joinder of necessary parties?

FINDINGS

                      In the aforesaid case, the complainant /petitioner has filed this case for PMJJBY Insurance death benefit against Ops. for the death of his wife Chandana Behera(policy holder). After the death of the policy holder the nominee has filed the claim intimation after stipulated period of 30days. It is also found from the claim procedure on dt. 10.06.2021(PMJJBY) para(2) “in case of death during within the 45 days from the date of commencement/rejoining in to the policy(in case of fresh enrolment after existing the policy once or in case of late renewal of the policy),claim shall not be payable, except in case of death due to accident.”The death of policy holder as per claim application is natural death, so he is not entitled to get any benefit within 45days of commencement of policy.In this caseComplainant has not made insurance company as necessary party because the claim can settle by insurance company, so the case is bad for no- joinder of necessary parties. So, the case is not maintainable and there is no cause of action arises in this case. So, the complainant is not entitled to get any relief. All the submission made by the learned Advocate of Ops are not challenged by the complainant.        

ORDER

The complaint case being devoid of merits is dismissed without any cost.