Punjab

Sangrur

CC/1596/2015

Tara Singh - Complainant(s)

Versus

The Sangrur Central Co-op Bank - Opp.Party(s)

Shri Azadvinder Ashta

17 Aug 2016

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR

                             

                                                                  Complaint no. 1596                                                                                               

\                                                                 Instituted on:  07.09.2015                                               

                                                                  Decided on:    17.08.2016

 

Tara Singh aged about 59 years son of Gujjar Singh resident of village Hathan, Tehsil Malerkotla, District Sangrur.    

                                                …. Complainant

                                Versus

 

1.   The Sangrur Central Cooperative Bank Limited, Branch Office: Sangrur through its District Manager.

2.  The Sangrur Central Cooperative Bank Limited, Branch Office: Hathan District Sangrur through its Branch Manager.

3.     Bharti AXA General Insurance Company Limited, Pear1 Plaza, K-24, Plot No.ABCD & E, 2nd Floor, Sector 18, Noida-201301 through its Managing Director.

                                              ….Opposite parties.

 

 

FOR THE COMPLAINANT      :     Shri Azadwinder Ashta, Adv.                         

 

FOR OPP. PARTIES NO.1&2  :      Shri  Amit Aggarwal,Advocate                         

 

FOR OPP. PARTY No. 3     :           Shri Sanjeev Goyal, Advocate

 

 

Quorum

         

                    Sukhpal Singh Gill, President

K.C. Sharma, Member

Sarita Garg, Member       

 

 

ORDER:  

 

Sukhpal Singh Gill, President

 

1.             Tara Singh, complainant has preferred the present complaint against the opposite parties (referred to as OPs in short) on the ground that being an account holder of OPs no.1&2, he insured with OP No.3 under Cooperative Bank Personal Accident Group Insurance Scheme for an amount of Rs.1,00,000/-.  On 19.12.2014, the complainant  suffered injuries on his person when  he was in his field on hired tractor and disability is upto 80%.  The complainant lodged the claim with OPs along with all required documents. The complainant approached the OPs so many times for release of the claim but OPs did not do so.  Ultimately on 11.09.2015 OP no.3 issued a repudiation letter dated 11.09.2015  on the ground that  premium is not received in advance  whereas in the passbook an amount of Rs.2778.42ps is balance on 09.01.2015. As per  condition of the insurance policy mentioned as serial number 3  in the bassbook, balance was required Rs.1300/-.   Thus, alleging deficiency in service on the part of OPs, the complainant has sought following reliefs:-

i)      OPs be directed to pay claim amount of Rs.1,00,000/-  along with interest  @18% per annum from the date of accident till realization,

ii)     OPs be directed to pay to the complainant a sum of Rs.50000/- as compensation   on account of mental agony, harassment,

iii)   OPs be directed to pay Rs.22000/- as litigation expenses.

2.             In reply filed by the Ops No.1 and 2, it is admitted that the complainant got opened an account with the OPs and he was insured as per terms of the policy. The OPs no.1&2 were to submit the documents with the OP No.3 which has been submitted. The claim was/ is to be paid by the OP No.3.  The OPs no.1&2 have deducted Rs.40/- from the account of the complainant which was deposited/ sent to OP No.3 much prior to the date of alleged accident. So, the OP No.3 only is liable to pay the claim, if any. Thus, there is no deficiency in service on the part of the OPs No.1&2.

3.             In reply filed by OP No.3, preliminary objections on the grounds of maintainability, violation of terms and conditions of the policy and abuse of process of law have been taken up. On merits, it is submitted that  after getting information  OP No.3 immediately wrote a letter dated 20.04.2015 to OP No.1 for  explaining the reasons for delay in intimation of 118 days and also to provide documents but despite receipt of letter no explanation was given to OP no.3. OP No.3 appointed an investigator who visited the house of the complainant and recorded the statements. OP No.1 issued a letter wherein it is confirmed that the premium of Rs.40/-  was deducted from the account of the complainant on 30.05.2015 whereas the policy was already issued on 01.06.2014, therefore the claim  of the complainant was found not admissible under the policy. Since the complainant was not insured under the policy, therefore the OP no.3 sent letter dt. 11.09.2015 to OP No.1 and the claim of the complainant has been rightly repudiated.

Thus, there is no deficiency in service on the part of OP No.3.            

4.             The complainant in his evidence has tendered documents Ex.C-1 to Ex.C-14 and closed evidence. On the other hand, OPs No.1&2 have tendered documents Ex.OPs1&2/1 to Ex.OPs1&2/5 and closed evidence. The OP No.3 has also tendered documents Ex.OP3/1 to Ex.OP3/7 and closed evidence.

5.             It is admitted that being an account holder with OPs no.1&2, the complainant was insured with OP no.3 under Personal Group Insurance Scheme for an amount of Rs.1,00,000/- in case of permanent disability or death.

6.             During the pendency of the present complaint and at the time of arguments, learned counsel for the OP No.3 had made a statement that  OP No.3 is ready to pay an amount of Rs.50,000/-   to the complainant.  But, learned counsel for the  complainant  did not accept the offer  of Rs.50,000/-   made by the learned counsel for the OP No.3 on the ground that the disability of the  complainant is permanent , so he is entitled to Rs.1,00,000/-.

7.             We have heard the arguments of the learned counsel for the parties and gone through the  entire file. We feel that there is no need to discuss the other aspects of the case as the OP No.3 is ready to pay an amount of Rs.50,000/- to the complainant  and  now the only question which arises for determination before us is  whether the  complainant is entitled for the claim amount of Rs.1,00,000/- or Rs.50,000/- ?

8.             Learned counsel for the complainant has argued that the complainant is permanent disabled person as his disability is to the extent of 90%.  In support of his version the complainant has produced on record attested copy of his disability certificate issued by Civil Surgeon Sangrur on 09.04.2016 Ex.C-3 and we have perused the same and found that  complainant is permanent disabled person and his disability is to the extent of 90%.  We have perused copy of  account book  Ex.C-3 produced by the complainant and find that under the instructions printed on it, it has been clearly mentioned that  in case of death or permanent disability, the account holder/ insured is entitled for claim amount of Rs.1,00,000/- and in case of partial disability ( one hand/foot/eye etc.) the account holder / insured is entitled for Rs.50,000/-.   The OP no.3 has not produced any document which could show that the complainant is not entitled for full claim amount of Rs.1,00,000/-.

9.             For the reasons recorded above, we allow the complaint of the complainant and direct the OP no.3 to pay an amount of Rs.1,00,000/- along with interest @9% per annum from the date of filing of the complaint till realization. We further order the OP no.3 to pay to the complainant consolidated amount of compensation of Rs.5000/- on account of mental pain, agony and harassment and  litigation expenses.

10.           This order of ours shall be complied with  within 30 days from the receipt of copy of the order.  Copy of the order be supplied to the parties free of charge. File be consigned to records in due course.                   Announced

                August 17, 2016

 

 

 

  ( Sarita Garg)    ( K.C.Sharma)         (Sukhpal Singh Gill)                                                                                                                        Member          Member                           President