Punjab

Sangrur

CC/96/2018

Pushpinder Singh - Complainant(s)

Versus

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

Sh.G.S.Nandpuri

18 Jan 2021

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SANGRUR                                           

               

                                                Complaint No.  96

                                                Instituted on:    01.03.2018

                                                Decided on:       18.01.2021

 

Pushpinder Singh son of Raghbir Singh, resident of Village Kakkarwal, Tehsil Dhuri, District Sangrur.

                                                        …Complainant

                                Versus

1.             The Sangrur Central Cooperative Bank Ltd. Branch Dhuri Kranti Chowk, Dhuri, District Sangrur through its Branch Manager.

2.             The New India Assurance Company Ltd. Divisional Office, College Road, Sangrur through its Divisional Manager.

3.             The Sangrur Central Cooperative Bank Ltd. Main Branch, Patiala Gate, Sangrur through its Manager.

                                                                ..Opposite parties

4.             Paramjit Kaur D/o Hazara Singh, now wife of Arjun Singh, now resident of Village Kaulseri, Tehsil Dhuri, District Sangrur.

                                                        …Performa-opp. party

 

For the complainant  :               Shri G.S.Nandpuri, Adv.

For OP No.1&3         :               Shri Ashish Grover, Adv.

For OP NO.2             :               Shri Ashish Garg, Adv.

For OP NO.4             :               Shri A.S.Dullat, Adv.

 

Quorum:   Shri Jasjit Singh Bhinder, President

                Shri V.K.Gulati, Member

Order by : Shri Jasjit Singh Bhinder, President.

 

1.             Shri Pushpinder Singh, complainant  has preferred the present complaint against the opposite parties (referred to as OPs in short) on the ground that late Shri Jagjit Singh son of Hazura Singh was having a bank account number 181534028000720 with the OP  number 1 and he was insured with the OP number 2 for an amount of Rs.1,00,000/- in case of accidental death under the above said account and the premium was deducted by OP number 1 from the above said account.  Shri Jagjit Singh died in an accident on 3.5.2016 and information of the same was given to PS City Dhuri and DDR number 15 dated 3.5.2016 was recorded and the post-mortem on his dead body was also conducted.  Late Jagjit Singh was unmarried and issueless. The complainant is real nephew of late Jagjit Singh. It is further averred that father of the complainant Raghbir Singh was the nominee under the said policy and father of the complainant Raghbir Singh has also died.  It is stated further that intimation regarding accidental death was given to the OPs by father of the complainant and all the documents were also submitted to the OP in the month of May, 2016. It is further averred that father of the complainant Shri Raghir Singh and uncle i.e. Jagjit Singh had executed a registered will dated 9.12.1999 in favour of the complainant, so the complainant is a beneficiary of the above said account. The complainant requested the Ops to pay the claim but all in vain.  It is further stated that the complainant earlier filed a complaint number 666 dated 17.11.2016 before this Forum against New India Assurance Co. Ltd. regarding the accidental death of Jagjit Singh, which was allowed by this Forum on 25.4.2017.  Thus, alleging deficiency in service on the part of the OPs, the complainant has prayed that the OPs be directed to pay to the complainant an amount of Rs.1,00,000/- along with interest from the date of death of Jagjit Singh  till its actual payment and further claimed compensation and litigation expenses.

 

2.             In reply filed by the Ops number 1 and 3, legal objections are taken up on the grounds that the complaint is not maintainable, that the complainant has got no cause of action and that the complainant has concealed material facts from this Forum. On merits, it is admitted that Jagjit Singh got opened his account with the OP and he was insured with the OP number 2. It is further admitted that father of the complainant Raghbir Singh was the nominee of the alleged bank account.  It is stated that the complainant did not give any intimation about the death of Jagjit Singh, as such it is stated that no claim is payable to the complainant. As such any deficiency in service on the part of the OPs has been denied.

 

3.             In reply filed by OP number 2, it is admitted that the OP number 3 issued a Group Janta Personal Accident Insurance policy w.e.f. 1.6.2015 to 31.5.2016 subject to the terms and conditions and was insured for Rs.1,00,000/- per person for accidental death. After receipt of intimation dated 21.5.2016 from OP number 3 regarding death of Jagjit Singh, OP immediately appointed Er. Yashwinder Goyal for investigation who submitted his report dated 20.8.2016. After perusal of report, the OP closed the claim file as in the post-mortem report the cause of death was not declared and was subject to Histo Pathology report of heart and without examining the  report, the file cannot be processed. However, it is stated that the claim file has rightly been closed.  Further it is stated that in the present case the cause of death was shock and death due to shock cannot be treated as injury caused by an accident.  The other allegations levelled in the complaint have been denied.

 

4.             In reply filed by OP number 4,  it has been stated that the complainant Jagjit Singh is the real brother of OP number 4 who has died an accidental death on 3.5.2016, of which DDR was lodged at PS City Dhuri.  Further Smt. Parmajit Kaur has stated in the reply that she has no objection, if the claim is paid to the complainant Pushpinder Singh. 

 

5.             The learned counsel for the complainant has produced Ex.C-1 to Ex.C-9 copies of documents and affidavit and closed evidence. On the other hand, the learned counsel for OP number 2 has produced Ex.OP2/1  to Ex.OP2/6 and closed evidence. The learned counsel for OP number 4 has produced Ex.OP4/1 affidavit and closed evidence. However, evidence of Ops number 1 and 3 was closed by order of this Forum on 29.8.2018 as no evidence was produced despite last opportunity.

 

6.             We have perused the complaint, version of the opposite parties and heard the arguments of the learned counsel for the parties.

 

7.             The learned counsel for the complainant has argued that late Shri Jagjit Singh son of Hazura Singh was having a bank account number 181534028000720 with OP number 1 and he was insured with the OP number 2 for an amount of Rs.1,00,000/- in case of accidental death under the above said account and the premium was deducted by Op number 1 from the above said account.  It is further argued that Shri Jagjit Singh died in an accident on 3.5.2016 and information of the same was given to PS City Dhuri and DDR number 15 dated 3.5.2016 was recorded and the post-mortem on his dead body was also conducted.  Late Jagjit Singh was unmarried and issueless. It is further argued that the complainant is only legal heir of the deceased Jagjit Singh but the Ops have not paid the amount to the complainant, as such the complaint be allowed.

 

8.             On the other hand, the learned counsel for the OP number 2 i.e. insurance company  has admitted about the policy but he has stated that no succession certificate has been produced by the complainant that he is the only legal heir of Jagjit Singh, as such it is argued that the complainant is not entitled to get the claim amount.  To prove his case, Shri Pushpinder Singh has tendered affidavit Ex.C-1 and has deposed as per his complaint.  Ex.C-2 is the copy of post-mortem report of Jagjit Singh son of Hazura Singh and the probable cause of death in this case is shock because of accident.  Ex.C-3 is the copy of  passbook of Jagjit Singh.  Ex.C-5 is the copy of  general diary details and Ex.C-6 is the copy of death certificate of Jagjit Singh.  Ex.C-7 is the copy of will.  Shri Vipin Chowdhary, Divisional Manager has tendered his affidavit Ex.OP2/6 and has deposed as per written version filed by OP number 2. Ex.OP2/1 is the copy of insurance policy. Ex.OP2/2 is the copy of investigation report.

 

9.             It is an admitted case that late Shri Jagjit Singh son of Shri Hazura Singh was having bank account number 181534028000720 with the OP  number 1 and late Shri Jagjit Singh was using the above said account in his life time.  It is also admitted that Shri Jagjit Singh was insured with the OP number 2 for Rs.1,00,000/- in case of his accidental death.  It is also admitted that OP number 2 has repudiated the insurance claim of the complainant.

 

10.           Admittedly, Shri Jagjit Singh died and the present complaint was filed by Shri Pushpinder Singh on the basis that he is the only legal heir and has averred that the complaint be allowed in his favour.  Ex.C-2 is the copy of post-mortem report. Ex.C-6 is the copy of death certificate.  Insurance policy on record is also Ex.OP2/1, so it is clear that Shri Jagjit Singh has died who was having insurance cover with OP number 2 for Rs.1,00,000/-.  However, Shri Pushpinder Singh is not entitled to get the claim amount.  So all the living legal heirs of Pushpinder Singh are entitled to get the claim amount of Rs.1,00,000/- to be paid along with interest @ 6%  per annum in equal share. The list of legal heirs along with affidavit is to be submitted to the insurance company by the complainant.  

 

11.           In view of this, we allow the complaint and direct OP number 2 to pay the claim amount of Rs.1,00,000/- along with interest @ 6% per annum from the date of death of Shri Jagjit Singh to the living legal heirs of Pushpinder Singh as per the list to be submitted by the complainant in equal share. This order be complied with by the complainant and OP number 2 within a period of 45 days of its communication.  A copy of this order be issued to the parties free of cost. File be consigned to records.

                Pronounced.

                January 18, 2021.

 

 

        (Vinod Kumar Gulati)      (Jasjit Singh Bhinder)

                 Member                           President