Complaint filed on:09.03.2023.

                                                      Disposed on: 20-07-2023

BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL COMMISSION, TUMAKURU

DATED THIS THE 20^th DAY OF JULY, 2023

PRESENT

SMT.G.T.VIJAYALAKSHMI, B.Com., LLM., PRESIDENT

SRI.KUMARA.N, B.Sc. (Agri), LLB., MBA., MEMBER

SMT.NIVEDITA RAVISH, B.A., LLB. (Spl)., LADY MEMBER

CC.No.33/2023

Sri. K.R.Chetan Kumar,

Vijayendra Building, 1^st Floor,

Kundur Cross, Belagumba Main Road,

Tumkur – 572 104.

……………….Complainant/s

(In person)

                                                V/s

1.       The Chief Executive Officer,

          Canara Bank, Head Office,

          No.112, J.C. Road, Bangalore – 560 002.

          Karnataka.

2.       The Chief Manager, Canara Bank,

          Srinivasa Building, Main Road,

          Near Govt. Hospital, HIRIYUR,        

          Chitradurga District,

          Karnataka – 577 598..

……………….Opposite Party/s

(OP No.1 – Absent)

(OP No.2 – Mohamed Afroze Ahamed, Adv.,)

:ORDER:

BY SRI.KUMARA.N., MEMBER

This complaint was filed by the complainant U/s 35 of the Consumer Protection Act 2019 with a prayer to direct the OPs to pay Rs.25,000/- towards compensation, Rs.25,000/- towards damages and Rs.15,000/- towards cost for service deficiency, mental agony caused to the complainant by the negligent act of the OPs, in total Rs.65,000/- along with claim amount and interest @ 9% on claim amount.

2.       In this case, the OP No.1 is the Chief Executive Officer, Canara Bank, Head Office, No.112, J.C.Road, Bangalore – 560 002 and the OP No.2 is the Chief Manager, Canara Bank, Srinivasa Building, Main Road, Near Govt. Hospital, HIRIYUR, Chitradurga District. Karnataka (hereinafter called as OPs)
3.       It is a case of complaint, that the complainant wife Smt. Sushma .E (late) having the saving account, bearing No.0867101039748 with the OP No.2 and enrolled in the P.M.S.B.Y. (Pradhana Mantri Suraksha Bima Yojana) scheme, vide policy bearing No.CB120348404.  The complainant’s wife Smt.Sushma .E (late) was paying premium regularly to get the PMSBY policy renewed, likewise on 24.05.2021 for the period 2021-22, premium renewal amount of  Rs.12/- deducted by the OP No.2 from the complainant’s wife saving account.  The complainant further submits that on 03.02.2022, the complainant’s wife Smt.Sushma .E, died in the road accident leaving behind the complainant (husband) and her seven year old son.  After the accident, FIR done by the police and all formalities like FIR, postmortem completed.  Thereafter, the complainant approached the OPs to settle the PMSBY, death benefits, but OPs not responded in spite of several approaches and legal notice served on 13-12-2022, Hence, this complaint.  

4.        After the complaint registered, the OPs counsel filed undertaken letter, but fails to file version within 45 days.  Hence, the version of OPs taken as not filed.  The complainant in person filed the affidavit evidence along with 14 documents which are marked at Ex.C1 to C14.

5.        Later, the OPs counsel filed an application U/s 151 of CPC along with affidavit to consider their version, but by considering the Apex Court decision, since 45 days after the notice served, the OPs have not filed the version, hence, rejected the prayer of OPs.  Therefore, the OPs filed their written arguments.
6.  

7.       The points that would arise for our consideration are:-

1. Whether complainant proves the deficiency in service on the part of OPs?

2. Is complainant entitled to the reliefs sought for?

9.       Our findings on the aforesaid points are as follows:

Point No.1:  Negative

Point No.2: negative for the below reason

:R E A S O N S:

Point Nos.(1) & (2):-

10.     The complainant in person argued that the OPs on 04.05.2021 deducted premium of Rs.12/-  from his wife, Smt. Sushma .E  saving account maintained at OP No 2, towards PMSBY renewal for the period 2021 – 22 and on 03.02.2022, the complainant’s wife Smt.Sushma .E, died in the road accident, leaving behind the complainant (husband) and her seven year old son. It’s the bound duty of the OPs to give  PMSBY policy, death benefits to her legal hairs, but  the OPs denied, hence the complainant prays to allow the complaint and award compensation. The complainant produced documents, i.e. Ex.C1/ PMSBY claim form, Ex.C2/PMSBY discharge voucher, Ex.C3/ death certificate of late E.Sushma, Ex.C4/copy of FIR, Ex.C5/ PM report, Ex.C6/Inquest report, Ex.C7/Aadhar copy of late E.Sushma, Ex.C8/Pass book copy of late E.Sushma, Ex.C9/pass book copy of complainant, Ex.C10/Copy of Aadhar card of complainant, Ex.C11/copy of email copy sent by OP No.2 regarding PMSBY, Ex.C12/copy of legal notice sent to OP Nos.1 & 2, dated:12.12.2022 and Ex.C13/ acknowledgment copy of receipt for having sent legal notice to OPs.            

11.     The OPs counsel in their written arguments admitted the fact, that the complainant’s wife Smt. Sushma .E having S.B.Account bearing No.0867101039748 with the OP No.2 and she enrolled in PMSBY policy bearing No.CB120348404 and denied rest of the averments in the complaint.  The OPs further contended that the said S.B. account of, Smt. Sushma .E, has no balance, hence question of deducting premium does not arise at all.  Hence, prays to dismiss the complaint.

12.     Pradhan Mantri Suraksha Bima Yojana (PMSBY); The Scheme is available to people in the age group 18 to 70 years with a bank account who give their consent to join / enable auto-debit on or before 31st May for the coverage period 1st June to 31st May on an annual renewal basis. Aadhar would be the primary KYC for the bank account. The risk coverage under the scheme isRs.2 lakh for accidental death and full disability and Rs. 1 lakh for partial disability. The premium of Rs.  12/- per annum to be deducted from the account holder’s bank account through ‘auto-debit’ facility in one installment. The scheme is being offered by Public Sector General Insurance Companies or any other General Insurance Company who are willing to offer the product on similar terms with necessary approvals and tie up with banks for this purpose. This policy is most beneficial to the poor and low-income section of the society.

13.     On perusal of the statement (Ex C8 & Ex C9) of account of the complainant’s wife Smt.Sushma .E (late), balance as on 01-04-2021 was Rs 1/- and on 24.05.2021, Rs.12/- debited towards PMSBY renewal, since she consented for auto debit, accordingly OP No 2, as forcible debit, debited, i.e.  A “force pay” debit is a special transaction code used by the financial institution to insure that a debit purchase clears an account first, and balance was Rs. – 11/-. Further on 01-06-2021, the OP No 2, reversed the Rs 12/- to the saving account, as Complainant not deposited the required amount to the saving account within stipulated time, and balance was zero. The Complainant not paid the premium amount towards renewal within the stipulated period, hence question of renewal does not arise and the complainant not entitled to claim amount under PMSBY.  Later the complainant on 5.07.2021, Rs 1,000.00 transferred to the complainant’s wife Smt.Sushma .E saving bank account.  In the above discussion, we are of the opinion that the complainant not proved any deficiency in service on the part of OPs. Hence, the complaint is liable to be dismissed.  Accordingly, we proceed to pass the following:-

:O R D E R:

The complaint is dismissed with no costs.

Furnish the copy of order to the complainant and opposite parties at free of cost.