Karnataka

Kolar

CC/45/2016

Jayalakshmi w/o Nagaraj - Complainant(s)

Versus

The Manager Canara Bank - Opp.Party(s)

A.V.Anand

22 Nov 2016

ORDER

Date of Filing: 21/07/2016

Date of Order: 22/11/2016

BEFORE THE KOLAR DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, D.C. OFFICE PREMISES, KOLAR.

 

Dated: 22^nd DAY OF NOVEMBER 2016

PRESENT

SMT. PRATHIBHA.R.K., BAL LLM, PRESIDENT

SRI. R. CHOWDAPPA, B.A., LLB…..    MEMBER

SMT. A.C. LALITHA, BAL., LLB           ……  LADY MEMBER

CONSUMER COMPLAINT NO :: 45 OF 2016

Jayalakshmi,

W/o. Nagaraj,

Aged About 40 Years,

Dasarahosahalli,

Bangarpet Taluk.

 

(Rep. by Sriyuth. A.V. Anand, Advocate)                         ….  Complainant.

 

- V/s -

The Manager,

Canara Bank, Dasarahosahalli

Branch, Vasanthanagar,

B.E.M.L Nagar Post,

K.G.F.

(Rep. by Sriyuth. N.G. Vasudev Moorthy, Advocate)     …. Opposite Party.

-: ORDER:-

 

BY SMT. PRATHIBHA.R.K, PRESIDENT

01.   The complainant having submitted this complaint Under Sections 12 of the Consumer Protection Act, 1986 (hereinafter referred in short as “the act”) against OP has sought issuance of directions to OP to settle the death benefits of complainant’s mother amounting to Rs.2,00,000/- to the complainant and further direct the OP to pay Rs.1,00,000/- towards damages and costs of litigation.

 

 

 

02.   The facts in brief:-

(a)    It is contention of the complainant that, complainant’s mother Late. Yellamma, W/o. Muniyappa, resident of Dasarahosahalli, is having an S.B. Account at OP-Bank branch, bearing No.1881101005116.  The complainant’s mother has subscribed to Pradhan Mantri Suraksha Bima Yojana, in the OP-Bank as per serial No.1881/PMSBY/12729.  And complainant’s mother had authorized the OP-Bank to auto debit the premium amount of the above said policy from her S.B. Account for Rs.330/- + Rs.12/- on 11.06.2015 and 26.05.2016 respectively.  The complainant further submitted that, the complainant’s mother had nominated the complainant as nominee and authorized to get the benefits under the above scheme after death of her mother.  The complainant’s mother had demised on 14.12.2015, the same was intimated to the OP-Bank and given application to settle the death benefit of the complainant’s mother.  But the OP-bank has not settled the claim of the complainant but the OP-Bank auto-debited the premium amount from complainant’s mother S.B. account that to after death of the complainant’s mother. 

 

(b)    The complainant had approached the OP-Bank on several times, but OP-Bank has not made any efforts to settle the benefits of the complainant’s mother.  Finally on 16.06.2016 the OP-Bank has given an evasive answer to the complainant that, the date of birth of mother of the complainant is entered in the Aadhaar card is wrong.  As such, it could not be able to settle the death benefits of the complainant’s mother.  The complainant’s mother was born on the year 1953 and while opening the S.B. account the date of birth was given by the complainant’s mother to the OP-Bank.  The complainant further submitted that, while opening the S.B. account the date of birth given by the complainant’s mother to the OP-Bank may be oversight, the OP Bank which wrongly entered and the same was not recognized by the complainant’s mother due to her illiteracy. 

 

(c)    The complainant further submitted that, Pradhan Mantri Suraksha Bima Yojana covers to all savings Bank account holders within the age of 18 to 70 years.  The complainant’s mother comes under the age of 70 years.  The complainant’s mother was died at the time of the said policy was in force.  Regarding the age the OP-Bank never issued any notice to the complainant as well as to her mother by raising this issue after death of the complainant’s mother.  Hence the complainant issued legal notice to the OP-Bank on 22.06.2016 seeking certain death benefits and the said notice was duly served on 23.06.2016 and after receiving the said notice, the OP-Bank not bothered to give any reply nor complied.  Hence complainant lodged this complaint.

 

03.   In response to the notice issued with regard to the case on hand, OP has put in its appearance through the said learned counsel and submitted its written version resisting the claim of the complainant in toto:-

 

(a)    The complainant’s mother Yellamma was subscribed to Pradhan Mantri Suraksha Bima Yojana (PMSBY) at the OP-Bank branch as per serial No.1881/PMSBY/12729 and the complainant’s mother authorized the Op-Bank to auto-debit the premium amount from her S.B. account.  As per the instructions of the complainant’s mother the OP-Bank have auto-debited Rs.320/- + Rs.12/- on 11.06.2015 and 26.05.2016 from the complainant’s mother S.B. account.  The complainant’s mother had nominated the complainant as a family legal heir and authorized the complainant to get the death benefit of the above said scheme. 

 

(b)    The OP-Bank further submitted that, the complainant has not produced any document to prove that, she is daughter of Late. Jayalakshmi.  All the remaining allegations made at Para 3 to 8 in the complaint are denied as false.

 

(c)    The OP-Bank further submitted that, the complainant’s mother while opening her S.B. account with this OP-Bank, she has produced her voter ID where her age is mentioned as 01.01.1994 that is she was born during 1958.  While furnishing the particulars for issue of PMSBY scheme she has given the age in the application dated: 02.06.2015, wherein which the date is shown 50 years and the date of birth is 09.03.1975 i.e., her age is 40 years.  And the complainant’s mother also made a declaration stating that, the particulars given are true and correct.  And if not and if the particulars given by her found incorrect the premium will be cancelled. 

 

(d)    The OP-Bank further submitted that, based on the application given by the deceased Yellamma stating that the date of birth is 09.03.1974 the concerned insurance policy is issued in the name of deceased Yellamma.  After the death of Yellamma i.e., the complainant’s mother the complainant i.e., the nominee gave an application to settle the death benefits and after receiving the same it was sent for verification.  While verifying the voter ID furnished by the complainant was showing the age of the complainant’s mother as 36 years i.e., during 1994.  Hence the complainant’s mother must be born during 1958 and her age is 58 years. 

 

(e)    The OP-Bank further submits that, as per the PMSBY scheme the age is fixed by the Government is only up to 50 years and for the persons who were aged above 50 years the present scheme will not be applicable and the deceased Yellamma was aged 58 years during 2015, but she has given a wrong date of birth as 09.03.1975.  Hence the insurance company has not settled the insurance claim of the complainant.  Further the complainant has given a false declaration and wrong date of birth to get the benefits of the government.  Hence the complaint is not maintainable and liable to dismissed.

 

04.   The complainant has submitted her affidavit evidence and the following documents:-

(i) Copy of the legal notice

(ii) Copy of the postal receipt

(iii) Copy of the served acknowledgment

(iv) Copy of the Bank bond.

(v) Copy of the Bank pass book

(vi) Copy of the Yellamma Death certificate

(vii) Copy of the ration card

(viii) Copy of the Aadhar card

(ix) Copy of the Pradhana Manthri Suraksha Bhima Yojana details.

 

05.   On behalf of OP-Bank Sri. Muralidhar, the Manager, has submitted his affidavit evidence and also the following documents:-

(i) Copy of the Circular dated: 20.04.2015 by Canara Bank

(ii) Copy of voter ID card of deceased Yellamma

(iii) Copy of the S.B. account form

(iv) Copy of the letter given by deceased Yellamma

(v) Copy of the form for exemption of Income tax.

 

06.   The learned counsel appearing for both parties have submitted their written arguments and heard the oral augments of both the learned counsel.

 

07.   Therefore the points that do arise for our consideration in this case are:-

(A) Whether the repudiation of the claim made by the OP-Bank would amount to deficiency in service?

(B) Whether the complainant is entitled to the reliefs prayed for in the complaint?

(C) What order?

08.   Findings of this District Forum on the above stated points are:-

POINT (A) & (B):- In the Negative

 

POINT (C):-          As per the final order

for the following:-

 

REASONS

POINT (A) & (B):-

09.   Admittedly the complainant’s mother Sri. Yellamma was having an S.B. Account bearing No.0434108016080 in the OP-Bank branch.  On perusal of the documents it is an admitted fact that, the complainant’s mother Smt. Yellamma has obtained two different policies one is Pradhan Mantri Suraksha Bima Yojana (PMSBY) bearing serial No. 1881/PMSBY/12729 and another Pradhan Mantri Jeevan Jyoti Bima Yojana (PMJJBY) bearing serial No.1881/PMJJBY/6956 on 19.11.2015.  It is also an admitted fact that the complainant’s mother has paid Rs.330/- + Rs.12/- on 11.06.2015 and on 26.05.2016 by way of auto-debit from the complainant’s mother savings bank account.  The contention of the complainant is that, the PMSBY covers all savings bank holders aged between 18 to 70 years.  The complainant’s mother deceased Smt. Yellamma comes under the age group of 70 years and she died within that period and hence the complainant is entitled for the death benefit of the complainant’s mother.  To substantiate her contention the complainant has submitted the PMSBY application form and rules of the PMSBY. 

 

10.   On the contrary, OP-Bank submitted that, the complainant’s mother has subscribed the PMSBY scheme is only up to 50 years.  The age above 50 years claim is not applicable.  The deceased Smt. Yellamma at the time of obtaining the policy her age was 58 years.  Hence the complainant is not eligible for the death benefit of Smt. Yellamma.  To substantiate his contention the OP-Bank has produced the PMJJBY schemes rules.

 

11.   Admittedly the complainant’s mother had obtained two polices one is Pradhan Mantri Suraksha Bima Yojana (PMSBY) bearing serial No.1881/PMSBY/12729 and another one is Pradhan Mantri Jeevan Jyoti Bima Yojana (PMJJBY) bearing serial No. 1881/PMJJBY/6956.  It also an admitted fact that, these two polices were in force at the time of death of the complainant’s mother Smt. Yellamma.  On perusal of the rules under Pradhan Mantri Suraksha Bima Yojana (PMSBY) which reads thus:-

“The scheme will be a one year cover, renewable from year to year, Accident Insurance Scheme offering accidental death and disability cover for death or disability on account of an accident”

 

Hence this is only for the accidental insurance scheme.  Here the complainant’s mother had died on account of natural death.  On perusal of the death certificate Smt. Yellamma died due to sudden and natural death.  Hence this policy is not applicable. 

 

12.   Further with regard to the Pradhan Mantri Jeevan Jyoti Bima Yojana (PMJJBY) the policy condition reads as under:-

 

“Eligibility – All Savings Bank account holders in the age 18 to 50 years will be entitled to join this scheme.  In case of multiple saving bank accounts held by an individual in one or different banks, the person would be eligible to joint the scheme through one savings bank account only.

 

Sum Assured – Rs.2,00,000/- is payable on death of the insured due to any reason”

 

Premium- Rs.330/- + Service tax as applicable, per annum.

 

Cover Period - The initial cover period under PMJJBY is from 1^st June 2015 to 31^st May 2016.  The eligible savings Bank customers will be required to enroll and give their auto-debit consent by 31^st May 2015.” 

 

According to the terms and condition of the PMJJBY policy the account holder is eligible to take a life cover between the age limit of 18 to 50 years.  The OP-Bank has taken contention in its version that, the complainant’s mother had crossed 50 years while taking the above said policy and she is not entitled for the relief.  On perusal of the documents it reveals that, the complainant’s mother while opening the Bank account she has produced her Voter ID showing her age as on 01.01.1994 is 36 years.  Hence it is clear that, while taking the policy the complainant’s mother is aged more than 50 years.  Further with regard to the Aadhaar Card produced by the complainant in that also the complainant’s mother’s date of birth is given as 01.01.1956.  Hence we come to the conclusion that, according to the voter I.D. Card and the Aadhaar Card produced by the complainant Smt. Yellamma had crossed more than 50 years while taking the above policies.  Hence the OP-Bank has rightly repudiated the claim of the complainant.  Accordingly, point (a) & (b) answered in the negative. 

 

POINT (C):

13.   We proceed to pass the following:-

ORDER

01.   For foregoing reasons the present complaint stands Dismissed with no order as to costs.

 

02.   Send a copy of this order to both parties free of cost

 

(Dictated to the Stenographer in the Open Forum, transcribed by him, corrected and then pronounced by us on this 22^nd DAY OF NOVEMBER 2016)

 

 

 

 

 

LADY MEMBER                        MEMBER                           PRESIDENT