Punjab

Patiala

CC/19/5

Sunita Rani - Complainant(s)

Versus

Union Bank Of India - Opp.Party(s)

Sh Jatinder Verma

24 Apr 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

PATIALA.

 

                                     

Consumer Complaint No.	:	CC/ 19/5
Date of Institution	:	4.1.2019
Date of Decision	:	24.4.2023

 

 

1. Sunita Rani aged about 29 years wife of Lakhwinder Singh.

 

2. Kartik Tanvar, minor aged about 4 years son of Late Lakhwinder Singh, under the guardianship of Sunita Rani , natural guardian and next friend of minor being his mother

Both residents of H.No.68, Kartar Colony, Ablowal,Patiala.

 

 

                                                                   …………...Complainants

                                      Versus

 

1. Union Bank of India, Main Branch at Chhoti Baradari, Patiala through its Manager.
2. New India Insurance Company through its Divisional Manager, Branch Office at Chhoti Baradari, Patiala.

                                                                   …………Opposite Parties

 

Complaint under the Consumer Protection Act

 

 

QUORUM

                                      Hon’ble Mr.S.K.Aggarwal, President

                                      Hon’ble Mr.G.S.Nagi,Member         

 

 

PRESENT:                   Sh.Jatinder Verma, counsel for complainants.

                             Sh.B.B.Gupta, counsel for OP No.1.

                             Sh.S.K.Garg, counsel for OP No.2.                              

 ORDER                                          

1. The instant complaint is filed by Sunita Rani and Kartika Tanvar (minor) through his mother and natural guardian (hereinafter referred to as the complainants) against Union Bank of India and another (hereinafter referred to as the OP/s) under the Consumer Protection Act ( for short the Act).
2. The averments of the complainant are as follows:
3. That husband of complainant No.1 and father of complainant No.2 namely Lakhwinder Singh was having saving bank account No.201-182676 with OP No.1. Debit card was issued to Lakhwinder Singh, against aforesaid saving account number by OP No.1 under which the card holder was covered for a sum of         Rs.2 Lakh in case of mis-hap /accident /death of debit card holder.
4. Lakhwinder Singh, husband/father of complainants No.1&2 died  in motor vehicle accident on 14.12.2016, near hotel Flyover, Patiala. In this regard FIR no.385 dated 14.12.2016 was registered  with the Police Station, Tripuri, Patiala U/s 279,337,304-A and 427 IPC against Chain Singh, driver of offending bus bearing registration No.PB-11-BY-1325.Postmortem of deceased Lakhwinder Singh was conducted  in Govt. Rajindra Hospital, Patiala.
5. Thereafter complainant No.1 approached OP No.1 and submitted application alongwith requisite documents for claim. Vide letter dated 17.7.2018, OP No.1 admitted the account of Lakhwinder Singh and also the factum of insurance against the debit card. OP No.1 also informed to complainant that application filed by her is beyond the period of limitation i.e. after 90 days from the date of death of debit card holder. Complainant visited OP No.1 and explained the reason of late filing of claim application but OP No.1 did not pay any heed to her request and on 27.12.2018 flatly refused to consider his request, which caused mental agony and harassment to the complainant. Consequently, prayer has, thus, been made for acceptance of complaint.
6. Initially complaint was filed against OP No.1 only who upon notice appeared through counsel and filed written statement having contested the complaint. Thereafter ld. counsel for complainant filed an application for impleading New India Insurance Company Ltd. as party to complaint, which was allowed. Complainant filed amended complaint. Then notice to Insurance Company was also issued, who appeared through counsel and filed written statement having contested the complaint.
7. In the written statement filed by OP No.1 it raised preliminary objections that the complaint is not maintainable and that the complainant has no cause of action to file the present complaint.
8. On merits, it is admitted that Lakhwinder Singh was having Saving Bank Account with OP No.1. It is also admitted that Lakhwinder Singh, was having ATM card facility who was using the said facility for withdrawal of the amount. It is denied that Lakhwinder Singh was insured by OP No.1. However, it is submitted that as per the scheme, Insurance Company was to insure the account holder(s) in accordance with terms and conditions of the insurance and OP No.1 has no concern with the processing and payment of any kind of claim by Insurance Company. It is admitted that complainant filed an application for claim with OP No.1. Issuance of letter dated 11.7.2018 to the complainant is also admitted by OP No.1.After denying all other averments, OP No.1 prayed for dismissal of complaint.
9. In the written statement filed by OP No.2 it also raised certain preliminary objections. Plea of OP No.2 is that complainant as well as OP No.1 never gave any intimation regarding the death of Lakhwinder Singh and also no claim has been filed for the same and has only come to know about the same on receipt of summons issued by this Hon’ble Commission.
10. On merits, it is averred that OP No.1 never gave any intimation regarding the application made by complainant for insurance claim or the letter dated 17.7.2018 written by the bank to the complainant. It is alleged that there is no deficiency in service on the part of OP No.2 .After denying all other averments, it prayed for dismissal of complaint.
11. In evidence, ld. counsel for the complainant furnished Ex.CA affidavit of the complainant, Ex.C1 copy of Aadhar card, Ex.C2 copy of death certificate,Ex.C3 copy of FIR, Ex.C4 copy of postmortem report,Ex.C5 copy of application to Union Bank,Ex.C6 copy of reply to application and closed evidence.
12. On the other hand, ld. counsel for OP No.1 has tendered in evidence Ex.OPB affidavit of Parveen Kumar, Branch Manager, Union Bank of India, Ex.OP4 copy of account opening form and closed evidence.
13. Ld. counsel for OP No.2 has tendered in evidence, Ex.OPA affidavit of Jagdish Kalyan, Sr.Divisional Manager,Ex.OP1 copy of insurance policy,Ex.OP2 certified copy of statement of Sunita Rani, Ex.OP3 certified copy of statement of account and closed  evidence.
14. We have heard ld. counsel for the parties and have also gone through the record of the case, carefully.
15. Lakhwinder Singh was the holder of the bank account with OP No.1 and was using debit card issued by OP No.1.This fact is not denied by the OPs. Lakhwinder Singh met with an accident on 14.12.2016 leading to his death. Copy of FIR, Postmortem report and death certificates are Exs.C3,C4 and C2 respectively. Complainants, i.e. complainant No.1 wife of the deceased approached OP No.1 for insurance claim as the deceased was insured against accidental death against the debit card, as per letter, Ex.C5. However, the claim was repudiated by OP No.1 on the ground that the claim has been lodged after the expiry of 90 days from the date of death of Lakhwinder Singh. OP No.1 never forwarded the said claim to OP No.2 for settlement and repudiated the same on its own.
16. Ld. counsel for OP No.1 has pleaded that the complainant was well aware of the account being maintained by the deceased  with OP No.1 and claim if any was to be settled by OP No.2. OP No.1 has no concern about the processing and payment of any kind of claim by the insurance company. Moreover, complainant did not lodge the claim within 90 days of the death of the deceased as per the terms and conditions of the insurance policy and as such her claim was rightly repudiated.
17. OP No.2 has argued that no claim was lodged with it and as such OP No.2 was not in a position to process or settle the claim of the complainant. OP No.2 has placed on record Personal Accident Group Insurance Policy,Ex.OP1. OP No.1 has placed on record copy of terms and conditions issued on 21.4.2016, Ex.OP6 and copy of circular dated 26.4.2016, Ex.OP7, as per which all Rupay card holders i.e. Debit Card Holders were eligible under Rupay Insurance Programme 2016-2017 for insurance claim in case of accidental death subject to the condition that a transaction should have been made within 45 /90 days prior to the date of accident for premium/non- premium cardholders respectively.
18. OP No.1 has also placed on record bank statement of the deceased, as per which last transaction was made through ATM card on 16.11.2016. OP No.2 has placed on record copy of the policy, as per which primary card holders were insured for an amount of Rs.2Lakhs.
19. There is no denial to the fact that deceased was insured for an amount of Rs.2 Lakh in case of accidental death. The claim of the complainant has been repudiated by OP No.1 on flimsy ground that claim was not lodged within 90 days of the death of the deceased. We find that the policy in question was never issued to the deceased/complainant and no such terms and conditions were brought to their notice. It has also been held by Hon’ble Supreme Court of India in the case titled as Dharmendra Goel Versus Oriental Insurance Co.Ltd. III(2008) CPJ 63(SC)  that, “ The court must take a realistic view and if a  particular claim  to compensation is possible on the material on record, it should not be denied on hyper technical pleas”.  
20. In view of above, we are of the opinion that the claim has been wrongly repudiated. Accordingly, we partly allow the complaint and direct OP No.2 to settle the claim of the complainants for an amount of Rs.2 Lakh i.e. the sum insured alongwith interest @6% per annum from the date of repudiation i.e. 11.7.2018 within 30 days from the date of receipt of certified copy of this order, failing which OP No.2 will pay interest @9% per annum on the said amount from 11.7.2018 till realization.
21.  OP No.1 is also burdened with Rs.10,000/- to be paid to the complainants as compensation for not forwarding the claim to OP No.2 for settlement of the same, within the prescribed period.
22.           The instant complaint could not be disposed of within stipulated period due to Covid protocol and for want of Quorum from long time.
85109252238716.  
85109252238717.  

                                              G.S.Nagi                           S.K.AGGARWAL

                                              Member                          President