Haryana

Karnal

CC/485/2019

Smt. Sheela - Complainant(s)

Versus

The Manager, Haryana Gramin Bank - Opp.Party(s)

Kavinder Singh

29 Apr 2022

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KARNAL.

 

                                                       Complaint No. 485 of 2019

                                                        Date of instt.01.08.2019

                                                        Date of Decision:29.04.2022

 

1.     Smt. Sheela widow of Shri Raju Sharma.

2.     Kartik son of late Shri Raju Sharma.

3.     Aman (minor) son of late Shri Raju Sharma.

4.     Vandana daughter of late Shri Raju Sharma.

All residents of village Moonak, District Karnal.

Complainant no.3-Aman being minor through his mother, next friend and natural guardian ad-litem through his mother Smt. Sheela-claimant no.1 who has got no interest adverse to that of the minor.

 

                                               …….Complainants.

                                              Versus

 

1.     The Manager, Haryana Gramin Bank, VPO Munak, P.S. Gharaunda, District Karnal.

2.     State of Haryana, through Collector (Deputy Commissioner), Karnal.

3.     Life Insurance Corporation (LIC), ITI-Kunjpura Road, near Jewels Hotel, Karnal through its authorized person/Sr. Branch Manager.

 

                                                                      …..Opposite Parties.

 

Complaint under Section 12 of the Consumer Protection Act, 1986 as amended under Section 35 of Consumer Protection Act, 2019.

 

Before   Sh. Jaswant Singh……President.       

      Sh. Vineet Kaushik…….Member

      Dr. Rekha Chaudhary……Member

          

 Argued by: None for the complainant.

                    Shri Mandeep Tyagi, counsel for OP no.1.

                    OP no.2 exparte.

                    Ms. Shakuntla Dagar, counsel for OP no.3.

 

                    (Jaswant Singh President)

ORDER:   

 

                   Today the case was fixed for arguments on behalf of complainant, but neither anyone has appeared on behalf of complainant nor arguments advanced. It is pertinent to mention here that OPs no.1 and 3 argued their case on 27.08.2021 and thereafter case was adjourned for arguments on behalf of complainant.  After that complainant has availed ten effective opportunities to argue their case but they failed to do so. It appears that complainants are no more interested to pursue their case. The present complaint pertains to the year 2019. Hence, we have decided the present complaint on merits.                 

2.             The complainant has filed the present complaint under Section 12 of the Consumer Protection Act, 1986 as after amendment under Section 35 of Consumer Protection Act, 2019 against the opposite parties (hereinafter referred to as ‘OP’) on the averments that husband of complainant no.1 Shri Rameshwar Sharma was having saving bank account no.82121700002342 in Haryana Gramin Bank, village Munak, District Karnal. During his life time Shri Raju Sharma obtained scheme under PMJJBY and PMSBY and premium amount was deducted by the OP no.1 from his account in auto debit mode of Rs.172/- and Rs.12/- each respectively and last payment was deducted on 19.12.2018. Unfortunately, said Raju Sharma expired on 30.12.2018. After the death of Shri Raju Sharma, complainants in the first week of January, 2019 approached to the OP and disclosed about the factum of death and requested to release the benefit under the abovesaid polices to the complainants. Complainants completed all the formalities and submitted all the relevant documents i.e. death certificate of Raju Sharma, bank account details, Identity proofs etc. with the OPs. Thereafter, complainants have approached to the OPs several times and requested for releasing of the claim, but OPs always postponed the matter on one pretext or the other and lastly repudiated the claim of the complainant on the ground that the death of deceased is within lien period. Then complainant sent a legal notice dated 06.06.2019 to the OPs in this regard but it also did not yield any result. In this way there is deficiency in service and unfair trade practice on the part of the OPs. Hence, this complaint.

3.             On notice, OP no.1 appeared and filed its written version raising preliminary objections with regard to maintainability; jurisdiction; cause of action and concealment of true and material facts. On merits, it is pleaded that Shri Raju Sharma alias Rajesh Sharma son of Rameshwar has obtained policy under Pradhan Mantri Jiwan Jyoti Bima Yojna (PMJJBY) and Pradhan Mantri Suraksha Bima Yojna (PMSBY) with his free will and consent and on his request premium were also deducted from his bank account i.e. Rs.172/- and Rs.12/- respectively on 19.12.2018 as per government scheme, whereas the insurance policy under PMJJBY scheme was issued by the LIC. Shri Raju Sharma died on 30.12.2018 as alleged and the complainants being legal heirs of Raju Sharma approached the OP to release the benefit of aforesaid policies. After completion of the certain formalities the OP submitted the claim to the OP no.3, because of the PMJJBY policy was issued by the LIC, but OP no.3 rejected the claim of the complainants on the ground that the policy holder died within the lien period i.e. first 45 days after the date of issuance of the policy, vide letter dated 15.03.2019. The policy holder or his legal heirs are not entitled to claim the benefits of the LIC policies if the death of the policy holders occurs during the lien period except in case of accidental death. There is no deficiency in service on the part of the OP no.1. The other allegation made in the complaint have been denied and prayed for dismissal of the complaint.

4.             OP no.2 did not appear and proceeded against exparte, vide order dated 03.10.2019 of this Commission.

5.             OP no.3 filed its separate written version raising preliminary objections with regard to maintainability and cause of action. On merits, it is pleaded that Shri Raju Sharma (deceased life assured) had joined the Pardhan Mantri Jeevan Jyoti Bima Yojna on 19.12.2018 for which an amount of Rs.172/- was deducted by Sarva Haryana Gramin Bank, Munak from his saving bank account no.82121700002342 on 19.12.2018 and Sheela Devi his wife was nominee under the scheme. Raju Sharma has also put his thumb marked on the consent-cum-declaration form for this scheme on 18.12.2018. Raju Sharma died on 30.12.2018 as per death certificate provided with death claim forms sent by Sarva Haryana Gramin Bank, Rohtak, vide letter dated 28.02.2019 received by the OP no.3 on 01.03.2019. On scrutiny of the claim it was found that the life assured died after 11 days from the joining in the scheme i.e. within lien period of 45 days. As per letter dated 2^nd May, 2016 of Government of India, Ministry of Finance, Department of Financial Services, New Delhi it has been decided by the competent authority to incorporate a lien clause in the rules of PMJJBY scheme w.e.f. 1^st June, 2016 whereby claims for death which occur during the first 45 days from the date of enrollment will not be paid, effectively meaning that the risk cover will commence only after the completion of 45 days from the date of enrollment into the scheme by the member. Hence, as per terms and conditions of the scheme, the claim is not payable. Thus, the claim was rejected and the abovesaid bank was informed, vide letter dated 15.03.2019 that the claim is not payable because “Death of the deceased is within lien period”. There is no deficiency in service on the part of the OP no.3. The other allegation made in the complaint have been denied and prayed for dismissal of the complaint.

6.             Parties then led their respective evidence.

7.             Learned counsel for complainant has tendered into evidence affidavit of complainant Ex.CW1/A, copy of legal notice dated 06.06.2019 Ex.C1, postal receipts Ex.C2 and Ex.C3, copy of death certificate of Shri Raju Sharma Ex.C4, copy of Bank pass book of Raju Sharma Ex.C5, copy of application form of Labour Department, Haryana in the name of Raju Sharma Ex.C6, copy of acknowledgment slip cum certificate of insurance Ex.C7, copy of Aadhar card of Sheela Devi Ex.C8, copy of Aadhar card of Vandana Devi Ex.C9, copy of Aadhar card of Kartik Ex.C10, copy of repudiation letter dated 15.03.2019 Ex.C11 and closed the evidence on behalf of complainant on 21.01.2020 by suffering separate statement.

8.             On the other hand, learned counsel for OP no.1 has tendered into evidence affidavit of Sushil Kumar, Manager Ex.RW1/A, copy of consent-cum-declaration form Ex.OP1, copy of account ledger enquiry Ex.OP2, copy of letter dated 15.07.2019 by OP no.1 to OP no.3 Ex.OP3, copy of repudiation letter dated 15.03.2019 Ex.OP4, copy of revised rules under PMJJBY Ex.OP5 and closed the evidence on behalf of OP no.1 on 11.06.2020 by suffering separate statement.

9.             Learned counsel for OP no.3 has tendered into evidence affidavit of Puneet Kumar Manager Ex.OP3/A, copy of letter dated 02.05.2016 Ex.OP3/1, copy of repudiation letter Ex.OP3/2, copy of details of PMJJBY Ex.OP3/3, copy of letter dated 28.02.2019by OP no.1 to OP no.3 Ex.OP3/4, copy of letter from SHGB Panipat to Rohtak dated 18.02.2019 Ex.OP3/5, copy of letter from SHGB, Munak to Panipat Ex.OP3/6, copy of deals of PMJJBY dated 31.01.2019 Ex.OP3/7, copy of consent cum declaration form dated 18.12.2018 Ex.OP3/8, copy of details given by Bank Ex.OP3/9, copy of account ledger enquiry Ex.OP3/10, copy of death certificate of Raju Sharma Ex.OP3/11, copy of ration card of Raju Sharma Ex.OP3/12, copy of account particulars of Raju Sharma Ex.OP3/13, copy of PAN card of Raju Sharma Ex.OP3/14, copy of Aadhar card of Raju Sharma Ex.OP3/15, copy of Aadhar card of Sheela Ex.OP3/16, copy of letter of LIC dated 15.05.2017 Ex.OP3/17.

10.           We have heard the learned counsel for the opposite parties and perused the case file carefully and have also gone through the evidence led by the parties.

11.           Admittedly, the deceased life assured had obtained the PMJJBY from OP no.3 through his banker i.e. OP no.1. It is also admitted that life assured had died during the subsistence of the insurance policy. The claim of the complainants was repudiated, vide repudiation letter Ex.C11/OP4/Ex.OP3/2 dated 15.03.2019 by the OP no.3, on the ground that death of the deceased within the lien period.  

12.           The onus to prove its case, was relied upon the OP no.3. To prove its case OP no.3 placed on file copy of letter dated 15.05.2017 Ex.OP3/17. The lien clause reproduced as under:-

“it has been decided by the competent authority to incorporate a lien clause in the rules of PMJJBY scheme w.e.f. 1^st June, 2016 whereby claims for death which occur during the first 45 days from the date of enrollment will not be paid, effectively meaning that the risk cover will commence only after the completion of 45 days from the date of enrollment into the scheme by the member. However, death due to accidents will be exempt from the lien clause”

        In the present case, the life assured had purchased the policy in question on 19.12.2018 and he expired on 30.12.2018 within eleven days from the purchase of the policy, which occur during the first 45 days from the date of enrollment. Thus, in view of the above clause, we are of the considered view that the present complaint devoid of any merits and deserve to be dismissed.

 13.          Thus, as a sequel to abovesaid discussion, we do not find any merits in the complaint and the same is hereby dismissed. No order as to costs. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Dated:29.04.2022

 

                                                                       

                                                                  President,

                                                     District Consumer Disputes

                                                     Redressal Commission, Karnal.

 

 

 

(Vineet Kaushik)        (Dr. Rekha Chaudhary)

                    Member                         Member