Haryana

Karnal

CC/243/2022

Kesho Ram - Complainant(s)

Versus

Union Bank of India - Opp.Party(s)

Ravi Kumar Rana

17 Sep 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KARNAL.

                                                   Complaint No.243 of 2022

                                                  Date of instt.22.04.2022

                                                  Date of Decision:17.09.2024

 

1. Kesho Ram aged about 60 years son of Shri Jagdish.
2. Shkuntla Devi aged about 56 years wife of Shri Kesho Ram, both residents of H.No.546, Ward No.17, Telu Colony,  Gharaunda,  Tehsil Gharaunda, District Karnal.

 

…….Complainant

                                  Versus

 

1. Union Bank of India, Branch Gharaunda, District Karnal, through its Branch Manager.
2. The Oriental Insurance Co. Ltd. through its Senior Divisional Manager, Divisional Office, Behind Bus Stand, SCO No.87-88, Near Mahila Ashram, Karnal.

 

                                                       …..Opposite parties

 

Complaint under Section 35 of Consumer Protection Act, 2019.

 

Before    Sh. Jaswant Singh………President.  

              Mrs.Neeru Agarwal……….Member

              Mrs. Sarvjeet Kaur……..Member.

 

Present:  Shri Ravi Kumar, counsel for the complainant.

                Shri Manoj Kumar Sachdeva, counsel for OP No.1

               Shri Karamveer Mandhan, counsel for the OP No.2.

 

             

              Today the case is fixed for arguments on behalf of complainant and OP No1.

              Brief facts of the complaint are that son of the complainant was having a bank account with the OP No.1 and Op No.1 issued an ATM Debit (RuPay Class Debit Card in the name of son of complainant and he was regularly using the same for his day to day needs.  Son of complainant was being insured with the said debit card. On 20.01.2022, the son of complainant met with an accident and succumbed to the injuries.  The complainants several times requested the OP No.1 to lodge the claim of being user of ATM Card but they postponed the matter and finally refused to lodge the claim. Hence, the present complaint.

               Learned counsel for the complainant suffered his separate statement to the effect that despite repeated requests by the complainant to the OP No.1 for lodging the claim of ATM, the OP/Bank has not lodged the claim, thus, the OP No.1 bank be directed to lodge the claim of the complainant on receipt of requisite documents and claim amount be reimbursed to the complainant. He withdraws the present complaint being premature and reserves the right to file the complaint afresh if the OP will not decide the claim of the complainant.

              Learned counsel for the OP No.1 submitted that neither the complainant ever approached nor submitted the required documents for lodging the claim. However, if the complainant submits the required documents, then the bank will send the claim case of the complainant to the insurance company, if same is payable.

              Learned counsel for OP No.2 submitted that on receipt of the claim alongwith requisite documents, the company will settle the claim, if payable, as per terms and conditions of the policy.  

              In view of the statement of learned counsel for the complainant, the present complaint is hereby disposed of with the liberty to the complainant to submit requisite documents to the OP No.1 and on receipt of documents, the OP No.1 is hereby directed to lodge the claim of the complainant within fifteen days and OP No.2 is also directed to decide the claim within thirty days from the date of receipt of claim from the OP No.1 as per terms and conditions of the policy. However, if the OPs does not entertain and decide the claim of the complainant, then the complainant is at liberty to file fresh complaint on the same cause of action before the competent court of law, if so desired. Parties concerned be communicated the order accordingly and file be consigned to the record room.

Announced
Dated: 17.09.2024.                                                                  

President,

District Consumer Disputes

Redressal Commission, Karnal.

 

(Neeru Agarwal)            (Sarvjeet Kaur) 

  Member                             Member