DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR
Complaint no. 526
Instituted on: 01.09.2016
Decided on: 01.03.2017
Charanjit Kaur aged about 44 years wife of Late Tara Singh son of Magher Singh resident of Village Changali, Tehsil Dhuri, District Sangrur.
…. Complainant.
Versus
1. The Sangrur Central Cooperative Bank Limited, Patiala Gate, Sangrur through its District Manager.
2. The Changli Cooperative Agricultural Service Society, Branch Changali through its Secretary, Tehsil Dhuri District Sangrur.
3. Bharti AXA General Insurance Company Limited, Pearl Plaza, K-24, Plot No. ABCD & E, 2nd Floor, Sector 18, Noida-201301 through its Managing Director.
….Opposite parties.
FOR THE COMPLAINANT: Shri Swaran Singh RatolAdvocate
FOR THE OPP. PARTY No.1 : Shri Rajnish Verma, Advocate
FOR THE OPP PARTY No.2: Shri B.S.Dhaliwal, Advocate
FOR THE OPP PARTY No.3: Shri Sanjeev Goyal, Advocate
Quorum
Sukhpal Singh Gill, President
Sarita Garg, Member
Vinod Kumar Gulati, Member
ORDER:
Sukhpal Singh Gill, President
1. Charanjit Kaur complainant has preferred the present complaint against the opposite parties (referred to as OPs in short) on the ground that being the saving bank account holder with OPs no.1 and 2 her husband was insured under Personal Accident Insurance Scheme for an amount of Rs.1,00,000/-. On 19.05.2013 husband of the complainant met with an accident and died. The OPs no.1 and 2 wrongly and illegally deducted the premium of Rs.40/- from the account of the husband of the complainant on 31.05.2013, 29.05.2014, 29.05.2015 and 24.05.2016 despite the fact he died on 19.05.2013. The complainant requested the OPs no.1 and 2 to release the said amount but they flatly refused to do so. Thus, alleging deficiency in service on the part of OPs, the complainant has sought following reliefs:-
i) OPs be directed to release the amount Rs.160/- alongwith interest @18% per annum from the date of illegal deduction till realization,
ii) OPs be directed to pay to the complainant a sum of Rs.25000/- as compensation on account of mental agony, harassment,
iii) OPs be directed to pay Rs.11000/- as litigation expenses.
2. In reply filed by the OP no.1, it is submitted that account number 489-B was opened with the Cooperative bank at Katron branch by the husband of the complainant. The deceased was insured under the Personal accident insurance scheme of Bharti AXA General Insurance Co. Limited but not under Cooperative Bank Personal accident scheme. It is further submitted that the OP is acting only as the cooperate agent of Bharti AXA General Insurance Co. Ltd. and had deducted premium and sent the same well within time to the insurance company and thus it does not lie in the mouth of OP no.3 that the premium was deducted and sent late to it. Thus, there is no deficiency in service on the part of the OP no.1.
2. In reply filed by the OP no.2, it is submitted that the deduction of amount of Rs.40/- was related to the OP no.1 and OP no.2 has no concern whatsoever with the deduction of any amount as alleged.
3. In reply filed by the OP no.3, it is submitted that husband of the complainant was not insured under the saving bank account policy. The premium was received on 31.05.2013 as per the confirmation given by the OPs no.1 and 2, therefore as per section 64VB of insurance Act, the complainant is not insured under the policy.
4. The complainant has tendered documents Ex.C-1 to Ex.C-4 and closed evidence. On the other hand, OPs have tendered an affidavit Ex.OP1/1 to Ex.OP1/7, Ex.OP2/1, Ex.OP2/2, Ex.OP3/1 to Ex.OP3/2 and closed evidence.
5. The main point of controversy in the present case is only that the OPs no.1 and 2 wrongly and illegally deducted the premium of Rs.40/- from the account of the husband of the complainant on 31.05.2013, 29.05.2014, 29.05.2015 and 24.05.2016 despite the fact that he had already died on 19.05.2013 and it was already in the knowledge of the OPs no.1 and 2. It is also the case of the complainant that she requested the OPs no.1 and 2 to refund the said amount but OPs no.1and 2 refused to refund the same. Moreover, the complainant also claimed the relief to release an amount of Rs.160/- along with interest @18% per annum which was illegally deducted alongwith compensation and litigation expenses. So, there is not dispute regarding the actual death claim amount in the present case.
6. Surprisingly the OP no.1 has produced on record account statement of Late Tara Singh husband of the complainant dated 15.02.2017 Ex. OP1/1 wherein entries regarding deduction of Rs.40/- as premium on 31.05.2013, 29.05.2014, 29.05.2015 and 24.05.2016 were made. Further, the OP no.2 has also produced on record copy of despatch register Ex.OP2/2 wherein entry regarding the death case of Tara Singh Changali Beema Yojna de Khate Da was also made on 19.06.2013 which shows that it was in the knowledge of the OPs no.1 and 2 on 19.06.2013 but despite having knowledge about the death of the husband of the complainant, the OPs no.1 and 2 had been deducting an amount of Rs.40/- as premium four times year to year i.e. from 2013 to 2016 which shows clear cut deficiency and negligence on the part of the OPs no.1 and 2 only.
7. For the reasons recorded above, we allow the present complaint and direct the OPs no.1 and 2 to refund an amount of Rs.160/- wrongly and illegally deducted from the account of husband of the complainant. We further order the OP no.1 to pay to the complainant a sum of Rs.5000/- as compensation on account of mental pain, agony, harassment and litigation expenses. However, the OP no.1 is also directed to recover the abovementioned amount of Rs.5000/- from the erring official/ officer who had been deducting the premium amount wrongly and illegally from the account of husband of the complainant despite the fact that he had already died.
8. This order of ours shall be complied with within 60 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
March 01, 2017
( Vinod Kumar Gulati ) ( Sarita Garg) (SukhpalSingGill)
Member Member President
