CONSUMER DISPUTES REDRESSAL COMMISSION-VII
DISTRICT: SOUTH-WEST
GOVERNMENT OF NCT OF DELHI
FIRST FLOOR, PANDIT DEEP CHAND SHARMA SAHKAR BHAWAN
SECTOR-20, DWARKA, NEW DELHI-110077
CASE NO.CC/422/22
Date of Institution:- 06.01.2023
Order Reserved on:- 29.05.2024
Date of Decision:- 05.06.2024
IN THE MATTER OF:
Smt. Jyoti
W/o Late Sh. Neeraj Kumar Saini
Ro/ Plot No.247-A, KH No.21/2 & 9/2
Ground Floor, Sainik Enclave,
CRPF Camp JharodaKalan,
Near Rajlata Public School,
New Delhi - 110072
.….. Complainant
VERSUS
The Manager
Union Bank of India
Branch office at
BakanerLampur Road, Bakaner
Delhi - 110040
.…..Opposite Party
Suresh Kumar Gupta, President
- The complainant has filed the complaint under section 12 of Consumer Protection Act, 1986 (hereinafter referred to as Act) with the allegations thatLt. Sh. Neeraj Kumar Saini was her husband who was having saving bank account no.405502010008046 with OP. One cash n carry debit card bearing no.6069924055008664 with validity from 05/14-05/19 was issued by OP to her late husband. The accidental death insurance cover of Rs.2 lakh was given to the primary card holder and Rs.1 lakh to the add on person on the card. On 26.02.2017, her husband has died in a road traffic accident near Lampur Toll Tax, Delhi who was taken to St. Stephen Hospital Delhi where he was declared dead. She contacted the OP and lodged insurance claim and even visited number of times and issued letters to the office of OP but in vain. She being legal heirs of the deceased, is entitled for the said amount. A legal notice dated 23.07.2022 was issued to the OP but in vain. There is deficiency of service on the part of OP in not releasing the insured amount. Hence, this complaint.
- The delay in filing the complaint was condoned vide order dated 09.12.2022 passed by this Commission.
- The notice of the complaint was issued to the OP. OP was duly served but did not put the appearance and accordingly proceeded ex-parte on 24.03.2023.
- The complainant has filed her own affidavit in ex-parte evidence and corroborated the version of complaint.
- We have heard Ld. Counsel for the complainant and perused the entire material on record.
- The perusal of the documents on record shows that complainant is the wife of deceased Sh. Neeraj Kumar Saini. The deceased was holding bank account bearing no.405502010008046 with OP which is clear from the front page of the copy of the bank passbook. The OP has issued cash n carry debit card bearing no.6069924055008664 with validity from 05/14-05/19 to the deceased as apparent from the photocopy of the card annexed with the complaint. The ATM cum international debit card user guide was issued to the deceased which is annexed with the complaint. The deceased was using the card as apparent from the statement of account issued by the OP from time to time which is annexed with the compliant. The deceased has expired in a road traffic accident which as apparent from MLC and postmortem report on record.
- The ATM cum international debit card user guide shows that debit card holder is entitled for personal accident insurance cover of Rs.2 lakh which will come in force only after first transaction was successful.
- The statement of bank account of the deceased shows that deceased was using the card. The deceased has expired in road traffic accident. The OP has not released the insurance cover amount to the LRs of the deceased upon which a legal notice dated 23.07.2022 was issued to the OP.
- The OP was under an obligation to release the amount of personal accident insurance cover of Rs.2 lakh to the LRs of the deceased i.e. Complainant which was not released for the reasons best known to the OP. The OP has not come forward to contest or controvert the claim of the complainant.
- There is nothing on the record that complainant is the additional card holder or her name was got added in the card.
- The entire evidence on the file shows that there is deficiency of service on the part of the OP when the amount of Rs.2 lakh regarding personal accidental insurance cover was not released after the death of the card holder. The evidence led by the complainant is relied upon as the same has gone unrebutted.
- In view of our aforesaid discussion, the complaint of the complainant is allowed to the effect that OP shall pay a sum of
Rs.2 lakh along with interest 7% p.a. from the date of death of the deceased complainant i.e.26.02.2017to the LRs of the deceased complainant till its realization. The complainant is entitled for compensation of Rs.35,000/- for mental harassment and agony and Rs.15,000/- for litigation expenses. The OP is directed to comply with the order within 45 days from the receipt of the order failing which complainant will be entitled for interest @7% p.a. on the amount of mental harassment, agony and litigation charges i.e. from the date of order till its realization.
- A copy of this order is to be sent to all the parties as per rule.
- File be consigned to record room.
- Announced in the open court on 05.06.2024.
