State Consumer Disputes Redressal Commission
The Manager, Punjab National Bank vs Poonam on 5 June, 2015
2nd Additional Bench
PUNJAB STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
DAKSHIN MARG, SECTOR 37-A, CHANDIGARH
First Appeal No. 451 of 2015
Date of institution: 27.04.2015
Date of decision : 05.06.2015
The Manager, Punjab National Bank, Lalru (Punjab) through its authorized
signatory/Manager Sh. Kulwinder Toora
.....Appellant/OP
Versus
Poonam wife of Netar Paul and mother of late Ravi Kumar, resident of House No.
4455, Sector 46-D, Chandigarh.
.....Respondent/complainant
First Appeal against the order dated 18.03.2015
passed by the District Consumer Disputes
Redressal Forum, SAS Nagar, Mohali.
Before:-
Sh. Gurcharan Singh Saran, Presiding Judicial Member
Sh. Jasbir Singh Gill, Member Mrs. Surinder Pal Kaur, Member Present:-
For the appellant : Sh. A.K. Ahluwalia, Advocate
GURCHARAN SINGH SARAN (PRESIDING JUDICIAL MEMBER)
Order
This appeal has been preferred by appellant/OP (hereinafter referred as 'OP') under Section 15 of the Consumer Protection Act, 1986 (hereinafter referred to as the 'Act') against the order dated 18.03.2015 in C.C. No. 621 of 21.10.2014 passed by the learned District Consumer Disputes Redressal Forum, SAS Nagar, Mohali (in short the 'District Forum') vide which the complaint filed by the respondent/complainant (hereinafter referred as 'complainant) was allowed with the direction to OP to pay to the complainant compensation amount of Rs. 50,000/- alongwith interest @ 9% p.a. from the date of submission of the claim till First Appeal No.451of 2015 2 payment, to pay Rs. 15,000/- on account of mental agony, harassment and costs of litigation expenses.
2. A consumer complaint was filed by the complainant against the OP that Ravi Kumar, son of the complainant had purchased a debit card from the OP which was valid upto March 2018. The card had facility of insurance upto Rs. 50,000/- in case of accidental death. Ravi Kumar, son of the complainant met with an accident on 26.08.2012 and DDR to this effect was registered on 26.08.2012 in PP, Sector 34, Chandigarh and said Ravi Kumar died on 11.09.2012. The complainant being legal heir filed a claim with the OP. However, Chief Manager of the OP vide letter dated 10.01.2014 rejected the claim on the ground that the claim was submitted to the bank after 12 months whereas it was required to be submitted within a period of 90 days. Legal notice was issued but to no effect. Hence the complaint with the directions to the OP to pay Rs. 50,000/- as compensation alongwith interest @ 18% per annum and Rs. 50,000/- on account of harassment, mental tension, agony and litigation expenses.
3. The complaint was contested by the OP who in their written reply submitted that compensation was to be paid subject to the condition contained in the circular issued by the OP. The claim was rejected on the ground that the claim was submitted after 12 months from the date of cause of action whereas it was required to be submitted within 90 days. Accordingly, it was submitted that there was no deficiency in services on the part of the OPs. The complainant had sent a legal notice and again the OP had rejected the claim vie their letter dated 28.04.2014. Earlier the complaint filed before the Chandigarh Forum was also dismissed vide order dated 29.08.2014 for want of territorial jurisdiction. No deficiency in services on the part of the OP, therefore, the complaint be dismissed.
4. Parties adduced evidence in support of their contentions. Complainant tendered into evidence her affidavit Ex. CW1/1 and documents Ex. C-1 to Ex. C-
8. On the other hand OP tendered into evidence affidavit of Kulwinder Toora, First Appeal No.451of 2015 3 Manager of the OP Ex. OP-1/1 and documents Ex. OP-1 to OP-2 and closed the evidence.
5. After going through the allegations as alleged in the complaint, written reply filed by OPs, evidence and documents on the record, the learned District Forum allowed the complaint in terms stated above.
6. Aggrieved with the impugned order, the present appeal has been filed by the appellant/OP.
7. We have heard the arguments of the counsel for the appellant.
8. In the appeal it has been contended by the counsel for the appellant that the claim was rejected on the ground that it was not submitted within a period of 90 days as per circulars dated 29.12.2011 & 15.01.2013 issued by the OP. That circular has not been properly appreciated by the District Forum and the claim was wrongly allowed, therefore, the impugned order is liable to be set-aside and consequently, the complaint deserves to be dismissed. At the time the policy was offered to the account holders, one circular issued by the OP has been placed on the record for the sale of the debit cards under which the insurance policy of Rs. 50,000/- in case of accidental death was offered. Now the OP has relied upon this circular dated 15.01.2013 vide which the claim was required to be submitted within 90 days. Certainly, this circular was not available when the debit card was issued to the deceased Ravi Kumar. Even he died before the issuance of this circular. Therefore, this circular was not part of the terms and conditions of the issuance of the card then how that circular can be made the basis of determination the claim. Whereas the circular dated 29.12.2011 does not speak that the claim was to be submitted within 90 days. In the advertise on the basis of which the debit card was taken by deceased Ravi Kumar issued by the OP, there was no condition to submit the claim within a period of 90 days, therefore, the terms which were not part of their policy at the time of sale of debit card cannot be made basis for determination of the claim.
First Appeal No.451of 2015 4
9. Therefore, we are of the opinion that the point was properly appreciated by the District Forum and has rightly allowed the complaint. During the course of arguments, the counsel for the appellant was unable to make out any point on the basis of which the appeal can be admitted, therefore, the same is dismissed in liminie.
10. The appellant had deposited amount of Rs. 25,000/- with this Commission at the time of filing the appeal. The amount of Rs. 25,000/- with interest accrued thereon, if any, be remitted by the registry to respondent/complainant by way of a crossed cheque/demand draft after the expiry of 45 days, from the date of sending the certified copies of the order to the parties subject to stay, if any, by the higher Fora/Court.
11. Remaining amount shall be paid by the appellant to respondent/complainant within 30 days from the receipt of the copy of the order.
12. The arguments in this appeal were heard on 04.06.2015 and the order was reserved. Now the order be communicated to the parties as per rules.
(GURCHARAN SINGH SARAN) PRESIDING JUDICIAL MEMBER (JASBIR SINGH GILL) MEMBER June 5 , 2015. (MRS. SURINDER PAL KAUR) Rupinder MEMBER First Appeal No.451of 2015 5