BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM ::
KADAPA Y.S.R DISTRICT
PRESENT SRI V.C. GUNNAIAH, B.Com., M.L., PRESIDENT
SMT. K. SIREESHA, LADY MEMBER
Friday, 19th day of May 2017
CONSUMER COMPLAINT No. 81 / 2016
Chinthajoggari Nageswara Reddy, S/o Subba Reddy,
R/o 1/20-A, Koppolu Village, Vallur Mandal,
Kadapa city and District. ….. Complainant.
Vs.
1. State Bank of India, Rep. by its Branch Manager,
Railway Station Road, Kamalapuram, Kadapa district.
2. State Bank of India, Regional Manager,
Regional Business Office, D.No. 1/705, Dwaraka Nagar,
Kadapa City and District. ………Opposite parties.
This complaint coming on this day for final hearing on 05-5-2017 in the presence of Sri K. Guru Murthy, Advocate for Complainant and Sri M. Ramanjaneya Reddy, Advocate for opposite parties and upon perusing the material papers on record, the Forum made the following:-
O R D E R
(Per Smt. K. Sireesha, Member),
1. Complaint filed under section 12 of C.P. Act 1986.
2. The brief facts of the complaint are as follows:- The Complainant is the husband of one C. Padmaja, having S.B. Account No. 32703777717 in O.P.1 Branch. The Complainant’s wife died on 7-7-2016 during her life time the O.P.1 insured her life by receiving the premium amount of Rs. 330/- on 5-7-2016 under Pradhan Mantri Jeevan Jyothi Bima Yojana (PMJJBY) covered the risk for Rs. 2,00,000/- up to 31-5-2017. The Complainant was the nominee under the said policy. The O.P.1 did not issued policy copy to the Complainant or his wife. Suddenly, the Complainant died on 7-7-2016 leaving behind the nominee. The deceased / Complainant’s wife was working as Anganwadi worker. After the death of his wife the Complainant approached bank officials for payment of compensation covered under the Pradhan Mantri Jeevan Jyothi Bima Yojana scheme. The bank officials denied the insurance and simply stated that the insurance is not applicable as it does not meet the terms and conditions of the scheme.
3. The Complainant applied under RTI act for the particulars of the said insurance scheme to the bank. On 9-9-2016 the bank officials issued a letter stating that as the death of Complainant’s wife is natural death and further stating that there is no personal accident under the PAI & PMSBY scheme. Further they stated that Pradhan Mantri Jeevan Jyothi Bima Yojana scheme is not applicable for the deceased stating that it will come into force only after 45 days of paying of the premium amount and further informed the Complainant to approach the higher officials. The Complainant submits that the coverage of life insurance will commence from immediately from the next minute after receipt of premium amount. The insured died after 2 days of the receipt of the premium by the O.P.1, thus the Opposite parties are guilty of deficiency of service. They are bound to pay compensation to the Complainant on the death of his wife. Hence, this complaint.
4. Therefore, the Complainant prayed that the Hon’ble forum may be pleased to pass orders in favour of the Complainant and against the Opposite parties jointly and severally (a) direct the Opposite parties to pay a sum of Rs. 2,00,000/- towards the life insurance amount covered in S.B. A/c No. 32703777719 under the PMJJBY scheme with interest @ 24% p.a. from 7-7-2016 till the date of payment to the Complainant, (b) to pay a sum of Rs. 20,000/- towards compensation for the loss suffered and mental agony and (c) Grant cost of the complaint also grant such other reliefs as the Hon’ble forum deems fit and proper under the circumstances of the case.
5. Counter filed by the Opposite parties 1 & 2 that the complaint is not maintainable either in law or on facts of the case. The Complainant is put to strict proof of all the allegations mentioned in the complaint except those which are specifically admittedly by O.P.1.
6. O.P.1 admits that the deceased C. Padmaja held S.B. A/c No. 32703777719 in O.P.1 branch. The O.P.1 puts the Complainant to strict proof of the date of which the said C. Padmaja died by way of documentary proof. During the life time of the deceased Padmaja, approached O.P.1 branch long with the Complainant for availing life insurance policy namely Pradhan Mantri Jeevan Jyothi Bima Yojana. O.P.1 explained the benefits of the policy, premium amount, terms and conditions the date of its coming into force after availing policy the lien period i.e. first 45 days exemption of granting benefit of assured sum of Rs. 2,00,000/- to the immediately policy holder, if dies naturally within 45 days from the date of insurance of policy. Opposite parties supplied a copy of proposal form for insurance policy supplied by SBI General Insurance and the role of the bank i.e. it is merely facilitating the purchase of insurance policy from SBI General Insurance Company Ltd., and no obligation towards settlement of claims. After hearing from O.P.1 and after due satisfaction of the terms and conditions of the policy, the deceased and the Complainant agreed to debit Rs. 330/- from her account and on 5-7-2016 this O.P.1 debited Rs. 330/- from her account to SBI General Insurance Company. The validity of policy was only 12 months with exemption of benefit to which means risk cover will commence only from the date of enrollment into the scheme by the member. The date of enrolment means date of debit of premium in customer account. O.P.1 also explained modification in rules for enrolment with effect from 1-6-2016. Thus the nominee will get benefit the policy only if the policy holder dies after 45 days from the date of insurance of policy.
7. The relevant copies of terms and conditions incorporated in proposal form by the SBI General Insurance Co. Ltd., and the relevant E-Circular issued by rural business (Micro Credit and Financial inclusion) S.I. No. 234/2016-17, circular No. RABG/RB-MCFI-MCFI/3/2016-17, Wednesday May 18, 2016 duly issued by SBI Corporate Centre, Mumbai, under the signature of K.M. Trivedi, Chief General Manager, Rural Business, are filed herewith for proper understanding of the case. Hence, it is clear that since the deceased Padmaja, policy holder died on 7-7-2016 within 2 days from the date of issuance of insurance of policy, the nominee and legal heirs are not entitled for benefit of Rs. 2,00,000/- in view of the circular mentioned above and in view of the revised rules for Pradhan Mantri Jeevan Jyothi Bima Yojana for the year 2016-17. O.P.1 explained in detail about the rules and circulars, which disentitles the Complainant, and also provided all relevant documents but he was not satisfied. O.P.1 was also explained that SBI is not all responsible for settlement of claims and it is only SBI General Insurance which the proper party within whom the Complainant has to deal, but unnecessarily O.P.1 and 2 are dragged into these proceedings. SBI General Insurance Co. is the necessary party to the proceedings and non-joinder of it is bad in law and the complaint is liable to be dismissed. There is no cause of action for the complaint for the reasons that the O.P.1 cannot be a party to the proceedings and there is no obligation on the part of this O.P.1. There is no deficiency of service on the part of this O.P.1. Hence, the complaint is not maintainable in law and the complaint may be dismissed.
8. On the basis of the above pleadings the following points are settled for determination.
- Whether the complainant is eligible for compensation as prayed by them or not?
- Whether there is negligence or deficiency of service on the part of the Opposite parties or not?
- To what relief?
9. On behalf of complainant Exs. A1 to A5 were marked and on behalf of opposite parties Ex. B1 to B3 were marked.
10. Point Nos. 1 & 2. It is very clear from the complaint and counter that the deceased C. Padma, wife of the Complainant had S.B. A/c No. 32703777719 in O.P.1 branch and the Opposite parties received premium amount of Rs. 330/- from her account on 5-7-2016 under Pradhan Mantri Jeevan Jyothi Bima Yojana (PMJJBY) for risk coverage of Rs. 2,00,000/-. Ex.A1 supports the same. Ex. A2 proves that the wife of Complainant died on 7-7-2016. Ex. B1 is very clear that the risk cover will commences only after the completion of 45 days from the date of enrollment into the scheme by the member. The Complainant died after two days by paying premium to the insurance policy. Ex. B2 also clearly shows that during the first 45 days from the date of enrollment in to the scheme and in case of death during the lien period no claim would be admissible. So as seen from the documentary evidence filed by the Opposite parties the Complainant is not eligible for compensation as prayed by him as, the Complainant wife died after two days of taking of the policy. In these circumstances, there is no negligence or deficiency in service on the part of the Opposite parties.
11. Point No. 3. In the result, the complaint is dismissed without costs.
Dictated to the Stenographer, transcribed by him, corrected and pronounced by us in the open Forum, this the 19th day of May 2017.
MEMBER PRESIDENT
APPENDIX OF EVIDENCE
Witnesses examined.
For Complainant : NIL For Opposite parties : NIL
Exhibits marked for Complainant: -
Ex.A1 Copy of Account pass book of the deceased C.Padmaja. dt. 11-12-2012.
Ex.A2 Copy of death certificate of the deceased C.Padmaja. dt.11-7-2016.
Ex.A3 P/c of Aadhar card of the deceased.
Ex.A4 P/c of House hold card. Dt 06-06-2015.
Ex.A5 P/c of Application form of P.M.J.J.B.P.NO.76001000135.
Exhibits marked on behalf of the Opposite parties: -
Ex.B1 Original E-Circular Rural Business (Micro Credit and Financial Inclusion) duly issued by the Chief General Manager, Rural Business S.B.I. Regarding Pradhan Mantri Jeevan Jyothi Bima Yojana Modification in Rule for enrolment W.E.F.O. 1st June,2016.
Ex.B2 Original revised rules for Pradhan Mantri Jeevan Jyothi Bima Yojana (For the policy year 2016-17).
Ex.B3 Original group personal accident insurance policy proposal form.
MEMBER PRESIDENT
Copy to :-
- Sri K. Guru Murthy, Advocate for Complainant.
- Sri M. Ramanjaneya Reddy, Advocate for opposite parties.
B.V.P
