Rajasthan

StateCommission

A/269/2017

Nirmla Devi Sain w/o Late Narendar Sain - Complainant(s)

Versus

Manager, Allahabad BanK - Opp.Party(s)

Ratnesh Yadav

23 Nov 2017

ORDER

BEFORE THE CONSUMER DISPUTES REDRESSAL COMMISSION,RAJASTHAN,JAIPUR BENCH NO.1

 

 

FIRST APPEAL NO: 269/2017

 

Nirmala Devi Sain w/o late Narendra Sain r/o Naya Dawaraja ,Nagaur Tehsil and Distt. Nagaur.

Vs.

Manager Allahabad Bank, Opp.TVS Company, Vijay Vallabh Chowk, Nagaur Tehsil & Distt. Nagaur & ors.

 

Date of Order 23.11.2017

 

Before:

Hon'ble Mrs. Justice Nisha Gupta- President

 

Mr. Shiv Vyas counsel for the appellant

Mr. Shyam Kumar Pareek counsel for the respondent

 

BY THE STATE COMMISSION ( PER HON'BLE MRS. JUSTICE NISHA GUPTA,PRESIDENT):

 

This appeal has been filed against the order passed by

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the learned DCF Nagaur dated 7.2.2017 whereby the claim is dismissed.

 

The contention of the appellant is that her husband was issued International Debit-cum-ATM card. On his death accident insurance benefit was not allowed to her hence, the claim should have been allowed.

 

Per contra the contention of the respondent is that since 4.1.2013 free personal accident insurance facility was withdrawn from the ATM cum-Debit card hence, no claim is available to the complainant and no interference is needed.

 

Heard the counsel for the parties and perused the impugned judgment as well as original record of the case.

 

There is no dispute about the fact that husband of the complainant Mr.Narandra Sain was issued ATM-cum-Debit card and he died after accident on 30.6.2016. Claim was preferred which was dismissed.

 

The contention of the respondent is that since 4.1.2013

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personal accident insurance facility was withdrawn and circular Ex. A 2 dated 15.1.2013 is submitted but to utter surprise of this Commission the appellant has submitted that at the time of purchase of ATM card the website of the bank is showing the details mentioned in Ex. 8 which is downloaded on 10.5.2016 wherein on page no. 4 it has been specifically mentioned that free personal accident is available with the card and it has been further mentioned that this is another attractive feature that comes with the card and counsel for the respondent could not inform this Commission that whether this information is still on the website or not but Ex. 8 makes it evidently clear that till 10.5.2016 the website of the bank was showing the attractive feature of having free personal accident insurance facility on the ATM card.

 

Further the respondent has submitted the application for International Debit-cum-ATM card Ex. A 3 which clearly shows the column for the nomination details for insurance cover which means that at the time of issue of ATM card to the present appellant the bank has taken nomination details for insurance cover. Hence, bank cannot agitate the fact that facility of insurance cover was withdrawn in January 2013. It

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is not only deficiency on the part of the respondent to disallow the claim but also an unfair trade practice.

 

In view of the above the appeal is allowed and the appellant is entitled for the benefit of Rs. 2 lakhs as free personal accident insurance cover alongwith 9% interest from the date of presentation of the claim i.e 21.9.2016. The appellant is also entitled to get Rs. 50,000/- as compensation for mental agony and Rs. 10,000/- as cost of proceedings. The order be complied within one month.

 

(Nisha Gupta) President

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