JUDGEMENT

Complainant by filing this complaint has submitted that ops are the bank carrying on business in the banking sector to the contrary at large and also promising to provide bank services to the complainant and op nos. 1 & 2 offered a scheme of Free Group Insurance for Accidental Death offered by the proforma op no.3 PNB Debit Card Holders who have a saving account with the ops being No. 1964000102105836 and accordingly the complainant having an account with his youngest son, named Sri Suman Chatterjee, being allured by such offer submitted the necessary papers and documents as asked by the bank authority and duly complied with the necessary formalities and the op issued the ATM Debit Card (Gold) in favour of the complainant’s youngest son Sri Suman Chatterjee and the said ATM Debit Card (Gold) was covered under the insurance policy of the proforma op no.3 and that was mainly used by the complainant’s youngest son and according to the terms and conditions the card was used within 90 days from the date of issuance which is evident from the pass book of the complainant.

          But unfortunately on 10.03.2011 due to a fatal road traffic accident which took place on 08.03.2011 the complainant’s youngest son died and after the unfortunate accident when the complainant placed the claim, the op nos. 1 & 2 rejected the claim on the basis that only the first account holder is eligible for the insurance benefits covered by the proforma op no.3.  That the complainant wrote a letter to the op nos. 1 & 2 stating all the motivated manipulations committed by the ops and requested for redressal of his grievances and also lodged the complaint to the banking Ombudsman, at RBI, Kolkata against the ops but no effective results has received from the op.

          But op only reported that complainant is not entitled to any benefit in view of the fact only the first account holder is entitled to the benefits. But peculiar factor is that complainant’s deceased son had an account in the same bank with his mother being the nominee of Barasat Branch under the same policy where his mother got redressed from the op nos. 1 & 2 and the proforma op no.3 but when the legal claim is now being made the op is harassing the complainant.  In the above circumstances complainant has prayed for claiming amount including compensation of Rs.2,00,000/- against the op.

          On the other hand op by filing written statement submitted that Suman Chatterjee was issuing of absolute holder in the savings bank account in question, though jointly with the complainant has miserably failed to understand the meaning of the purported of the said scheme and parameters of the scheme linked with the insurance policy allowed by the ops and practically there was MoU in between the PNB and National Insurance Co. and further the insurance coverage in case of death the card holder that is direct cause and accident and as per circular of the op bank only in case of joint account only first account will be eligible for the benefit and in the present complainant his first account holder desired his 2^nd account holder of the joint account.  So, as per transaction banking division , Kolkata-700010 the complainant is not entitled to get any benefit.  So, there was no negligence, deficiency on the part of the bank and op bank authority followed the MoU in between the PNB and National Insurance Co. and also the op bank is guided by the order of the Transaction Banking Division Circular No.161/2010 dated 2010.2010 and as per said circular complainant is the first account holder for which he is not entitled to get the benefit.  So the present claim is completely baseless and without any foundation and same should be dismissed.

                                                   Decision with reasons

          In the present case after hearing the argument from the complainant Ld. Lawyers of both the parties and also after proper evaluation of the fact as disclosed in the written statement and relied upon MoU in between the PNB and National Insurance Co. dated 12.10.2010 it is clearly mentioned in Clause-8 of the said MoU that in case of joint card holder that in the first card holder will be eligible for the benefit under the insurance policy and as per Transaction Banking Division Circular No.161/2010 dated 20.10.2010 it is clear that the insurance coverage is payable in case of death of card holder that is direct consequences accident as per clause 3 of the said circular and as per clause-4 the liability of the card holder to be covered under the scheme is linked with the usage of the Debit Card and claim is submitted by only those card holder who used for financial transaction within the past 90 days from the date of accident and considering the clause 3 & 4 of the said circular it is clear that the insurance coverage is payable in case of death of a card holder that is direct consequence of accident.

          Fact remains that deceased was the PNB Debit Card holder though complainant was joint account holder with the deceased but complainant was not issued any debit card.  Fact remains the debit card was issued in the name of Suman Chatterjee being PNB Master Gold Card being No.5497520002630172 and fact remains that Suman Chatterjee used that card within 90 days from the date of issue and no debit card was issued in the name of complainant.  when that is the fact then it is clear as per circular of the PNB No.161/2010 dated 20.10.2010 and also the MoU in between the PNB and National Insurance Co. it is clear that insurance cover is payable in case of death of a card holder and in the present case though it was a joint account, but complainant was not issued any Gold Debit Card.

          But only in favour of Suman Chatterjee Gold Debit Card was issued and that is Platinum Gold Debit Card.  So, accidental of insurance coverage of the said card was Rs.2,00,000/- and as per accidental insurance scheme on active PNB Debit Card only the card holders are entitled to get the benefit.  So considering the above fact and the principal of law as laid down in the said transaction Banking Division Circular No.161/2010 dated 20.10.2010 it is clear that the policy which has come into effect from 19.10.2010 would be enforced up to 18.10.2010 and under the scheme the insurance coverage would be extended to all existing card holders as well as card holders would be added during the period of the claim and as per terms of the policy the coverage would be applicable only if a card holder has used the debit card for a financial transaction within the previous 90 days from the date of accident.

          If this part of the said circular is taken into account it can safely be said whatever may be the position of the joint account holders out of the joint account holders if one of them is issued Gold Debit Card i.e. Platinum Debit Card and if it is used within previous 90 days from the date of accident in that case this policy was operated and for such Platinum Debit Card holder accidental death his legal heirs shall get death benefit of the insured as per said policy.  No doubt Suman Chatterjee is one of the joint account holder and card was issued with Platinum Gold Debit Card by the bank only to Suman Chatterjee not to the present complainant.  So as per circular No.161/2010 dated 20.10.2010 we find that though complainant and his deceased son Suman Chatterjee were joint account holder but platinum Gold Card was issued to Suman Chatterjee.

          But fact remains Platinum Gold Debit Card was issued in the name of Suman Chatterjee only.  But complainant i.e. his father was not issued with another Platinum Gold Debit Card and bank has not denied that fact.  So it is clear though it was joint account but Platinum card holder was issued in the name of Suman Chatterjee and Suman Chjatterjee as per circular No.161/2010 dated 20.10.2010 has used and the said debit card for a financial transaction within the previous 90 days from the accident which took place on 08.03.2011 and he succumbed his injuries on 10.03.2011.

          Moreover from the letter of the PNB dated 20.01.2011 issued to Suman Chatterjee, it is clear that PNB issued the present Platinum Gold debit Card to Suman Chatterjee only.  So there is no other alternative but to hold that deceased complied all the conditions of the said circular No.161/2010 dated 20.10.2010.  So as per MoU and circular No.161/2010 dated 20.10.2010 Suman Chatterjee was the Platinum Gold Debit Card Holder only, no other Platinum Debit Card was issued in the name of the complainant and for which as per said circular it is specifically mentioned that the Free Group Accidental Death Insurance Scheme on active PNB Debit Card were issued to such debit card holders who are only entitled to get the benefit of the said insurance policy.  But no other person even they have their joint accounts or not.

          But op rejected the said claim of the complainant on the death of his son Suman Chatterjee who used debit card for a financial transaction within previous 90 days from the date of incident (accident) and for which Suman Chatterjee died on 30.03.2011.  On the ground that it was a joint account and complainant was the first account holder.  But this theorization is completely inapplicable in view of the fact the MoU which was executed in between the PNB and NIC regarding the present claim was applicable only to the debit card holders not to other.  In fact op; bank failed to interpret the simple meaning of applicability of the said claim as per circular No. 161/2010 of PNB.  The Ld. Lawyer for the op tried to convince in case of joint account only first account holder is entitled for the benefit.  No doubt the said provision can be applied only in case of joint account where both the account holders were granted support Platinum Gold Debit Card because this scheme is applicable not to the account holder but to the debit card holder only as because complainant has no such any debit card then invariably other compensation as per said circular is applicable to Suman Chatterjee and practically Suman Chatterjee since deceased was the Platinum Gold Debit Card Holder of PNB and his legal heirs is his father who is entitled to get that coverage and practically as per circular No.161/2010 complainant is entitled to Rs.2,00,000/- as risk coverage of Platinum Gold debit Card on the death of card holder Suman Chatterjee when his death was due to direct consequences of the fatal road accident and practically as per circular complainant is entitled to get the said insurance risk coverage amount of Rs.2,00,000/- from the op’s bank.  But anyhow op/bank and the NIC did not properly appreciate the position of law and wrongly interpret the same and it is found that the PNB authority is very much annoyed about the complainant’s conduct as retired employee of the said bank on the ground that he along with other retired employees filed a case before this Apex Court for their pension which has already been granted and for which PNB has an intention to create pressure upon the complainant so rejected this rightful claim of the complainant without any legal foundation.

          In the result, the complaint succeeds. No doubt the complainant has been suffering from pain due to his son’s death and practically this matter was not properly considered.  Truth is that for his son’s death in respect of same same type of policy on the death of Suman Chatterjee his mother has got the benefit of the claim from other branch of PNB situated at Barasat.  This act of the PNB related of claim on the death of Suman Chatrterjee in favour of his mother in respect of such type of insurance coverage has given this Forum a chance to believe that present op bank with such motive rejected the claim though complainant is entitled to get the same.

          In the above consequences, the complaint succeeds with cost.

          Hence, it is

                                                              ORDERED

          That the complaint be and the same is allowed with cost of Rs.10,000/- against the op nos. 1 & 2 and same has also allowed against op no.3 but in exparte form.

          Op nos. 1, 2 & 3 are hereby directed to pay a sum of Rs.2,00,000/- with banking interest as insurance claim from the date of death of Suman Chatterjee against insurance for accidental death claim for the death of Suman Chatterjee PNB Debit Card holder within one month from the date of this order failing which for non-compliance of the Forum’s order op nos. 1 & 2 shall have to pay jointly and severally a sum of Rs.200/- per day till full satisfaction of the decree and if same is collected, it shall be deposited to this Forum.

          Op nos. 1, 2 & 3 are hereby directed to comply the order and to satisfy the decree within stipulated period from the date of this order positively failing which penal action shall be started against the op nos. 1 & 2 for which op nos. 1 & 2 shall be further liable to pay further fine and punitive damage as per provision of Section 27 of C.P. act 1986.