DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KANDHAMAL, PHULBANI
C.C.NO. 37 OF 2022
Date of Filing: 23.08.2022
Date of Order: 31.01.2023
Smt. Kumudini Sahani
W/O: Late Dilip Kumar Digal
AT-Pandiguda,
PO-Dankuni
PS- Tikabali,
District- Kandhamal. ………… Complainant.
Versus.
Branch Manager,
Punjab National Bank, Phulbani.
DIST- Kandhamal ………. Opposite Parties
Present: Sri Purna Chandra Mishra - President.
Sri Sudhakar Senapothi - Member.
For the Complainant: Self
For O.P.: Mr.V.V.Ramdas, Advocate
JUDGEMENT
Mr. Purna Chandra Mishra, President
Complainant Kumudini Sahani has filed this case u/s 35 of C.P. Act 2019 against the opposite party alleging deficiency in service for non-payment of the insured amount in spite of repeated approaches praying therein for direction to the Opposite Party to pay the insured amount of Rs. 1, 00,000 with inte4rest @ 12% per annum from the date of claim till it is actually paid to the complainant and Rs. 1,00,000/- towards deficiency in service Rs. 50,000/- for harassment and a sum of Rs. 25,000/- towards the cost of litigation.
- Brief fact leading to the case is that the husband of the complainant late Dilip Kumar Digal was having a Savings Bank account in Punjab National Bank, Phulbani Branch bearing account No. 4795000100043599 with ATM facility. As per the terms and conditions, an ATM card holder is provided with free insurance to the tune of Rs. 1,00,000/-. On 06.10.2020, late Dilip Kumar Digal expired in road accident and the present complainant being his wife-cum-nominee lodged a claim with the O.P. bank with all the relevant documents, but in spite of repeated approaches, her grievance was not redressed for which she has approached this Commission for the reliefs as discussed above.
- After receipt of notice, the O.P. bank appeared through Advocate and filed a written version. In his written version, the O.P. stated that the complainant has no cause of action and the case is liable to be dismissed. The complainant is not a Consumer as defined u/s 2 (d) of the C.P. Act. The admitted the fact that the complainant had an Savings Bank Account having ATM card facility which covers insurance of Rs.1,00,000/- in case of accidental death, Dilip Kumar Digal might have died accidently on 06.10.2020 and there is no sufficient proof with them regarding the accidental death. The complainant is not entitled to the benefits of ATM card as the card holder had violated the terms and conditions specified therein. The complainant is not entitled for any damage, cost, interest and compensation in any manner as the O.P. Bank has not done any deficiency in service. In order to avail free insurance, the customer had to obey certain conditions such as (1) should performed minimum of successful financial or non-financial transactions at any channel within 90 days prior to the death of accident including accident death. (2) All card holders above 5 years are eligible subject to fulfillment of the terms and conditions of the Policy. (3) Nominee to get and submit claim form to card issuing branch within 90 days from the date of accident. (4) Ensure Nominee’s name is mentioned in the application form.
In the instant case, the deceased or the complainant had not made any transaction within 90 days of the accident including accidental death of the card holder. So, the claim is repudiated by the Opposition Party. Therefore, the OP claimed for dismissal of the case with costs.
- The complainant in support of that case, has filed the copy of the application dt. 21.11.2020 addressed to the OP. Copy of the Ru-pay Debit Card No. 6070936168012828 valid from 11/2028 to 11/2025 of Punjab National Bank. Copy of the terms and conditions of Insurance, Copy of Adhar Card of Kumudini Digal, Copy of the Savings Bank, Transaction Copy, Copy of an affidavit filed before Notary Phulbani, copy of the death Certificate of Dilip Kumar Digal issued from Phulbani Municipality, Copy of FIR No. 0130 dt. 06.10.2020 of Town PS, Phulbani, Copy of Final Form of FIR No. 0130 dt. 06.10.2020, copy of the Post Mortem Report of Dilip Kumar Digal. On the other hand, the Opposite Party has filed the copy of the Digital Banking Circular No.6 of 2020 of Punjab National Bank, copy of the statement of the accounts for the period from 01.01.2020 to 11.11.2022.
- From the Pleading and counter pleading of the Parties, the only point is to be examined whether there was any transaction in the account within 90 days prior to the date of accident in the account through the ATM card or not?
The OP Bank has filed the statement of the accounts for the period from 01.01.2020 to 11.11.2022 which goes to show that on 04.10.2020, a sum of Rs.1,00,000/- has been withdrawn through ATM from Phulbani.It is seen from the copy of FIR filed in Phulbani PS that the date of accident is 06.10.2020. So, it is very much clear that the ATM was used in Phulbani on 04.10.2020 i.e. prior to 2 days of the accident. So, the cause of repudiation of the claim on the ground that there was no transaction within 90 days prior to the date of accident is completely wrong and the documents filed by the Bank speak in support of the complainant. It is certain principle of law that the Insurance Company cannot go beyond the cause of repudiation. All other conditions specified in the Pass Book have been complied and the Bank has not raised any objection regarding violation of any other te4rms and conditions. As there was a transaction through the ATM Card just before two days of the accident repudiation of the claim on the plea that there was no transaction before 90 days of the accident is completely wrong and radiation on this ground is illegal and not sustainable in the eyes of law.
- As the OP Bank repudiated the claim without any just and genuine reason, a case of deficiency in service is made out against the O.P. Bank and the O.P. Bank is liable to compensate the complainant for the loss of harassment sustained by her and hence the order.
O R D E R
The complaint petition is allowed on contest against the opposite party. The opposite party is liable for causing deficiency in service and harassment to the complainant. The O.P. is directed to pay a sum of Rs. 1,00,000/- (One Lakh) only to the complainant with interest @ 9% per annum from the date of claim till it is paid to the complainant. The O.P. is further directed to pay a sum of Rs. 25, 000/- towards deficiency in service and harassment and a sum of Rs. 5,000/- toward cost of litigation. The order is to be complied within a period of 30 days from the date of receipt of order by the O.P. failing which the order as to cost and compensation shall carry interest @ 12% per annum from the date of order till its compliance.
Computerized & corrected by me.
I Agree
MEMBER PRESIDENT
Pronounced in the open Commissioner today on this 31st day of January 2023 in the presence of the parties.
MEMBER PRESIDENT
