STATE CONSUMER DISPUTES REDRESSALCOMMISSION,ODISHA,CUTTACK FIRST APPEAL NO.710 OF 2014 (From an order dated 28.10.2014passed by the District Forum, Bargarh in C.D. Case No. 03 of 2011)

1. Andhra Bank, BargarhBranch,Bargarh through its Branch Manager, At- Hospital Road, Po/Dist – Bargarh 2. Andhra Bank, Regional Office, through its Regional Manager, At – Baramunda, Po – Bhubaneswar, Dist – Khurda ... Appellants Vrs.

1. Jitendra Sharma, aged about 27 years, S/o Late Rikhiram Sharma, resident of Gurudwara Chowk, Po/Ps/Dist – Bargarh

2. Life Insurance Corporation of India, through its Branch Manager, At – NH-6, Po/Dist – Bargarh … Respondents

3. Rabindra Sharma, aged about 29 years, S/o Late Rikhiram Sharma, resident of C/o Jaspal Sharma (Veer Chowk), At – Haldipali, Po/Dist – Bargarh

4. Pooja Kalia, W/o VishalKalia, aged about 30 years, Resident of Village – Maner, Po – Hamira, Ps – Subhanapur, Dist – Kapurthala (Punjab)

… ProformaRespondents ____________

For the appellants: M/s N.Patra& Associates For respondent No.1: None For respondent No.2: M/s R.K.Pattnaik, Advocate For respondent No.3: None For respondent No.4: None ____________

P R E S E N T:

THE HON’BLE DR. JUSTICE D.P.CHOUDHURY, PRESIDENT, DR.P.K.PRUSTY, MEMBER AND MISS S.L.PATTNAIK, MEMBER DATED THE 12^th APRIL, 2023

O R D E R

DR. D.P. CHOUDHURY J., PRESIDENT Captioned appeal is filed u/s 15 of the erstwhile Consumer Protection Act, 1986 (hereinafter called the ‘Act’). Parties to this appeal shall be referred to with reference to their respective status before the District Forum.

PLEADINGS

2. The unsworn details of the case of the complainant is that the father of the complainant namely, Rikhiram, Sharma had opened a passbook under OP No. 1 who is OP – Bank bearing Account No. ABJ-185 which is aninsurance linked savingsaccount covering insurance of Rs.1,00,000/-. It is alleged inter aliathat Rs. 372/- has been debited towards life insurance premium from that account to theLife Insurance Corporation of India. The account was opened on 14.1.2005. Every year the premium is being debited from that account and remitted to LIC of India by the concerned Bank. While the matter stood thus,Rikhiram Sharma died on 28.8.2008 leaving behind thecomplainant as nominee who has informed the death of her husband to insurer to realise the insurance amount. She has informed on 16.9.2008 and 20.10.2008 under certificate of posting to OP No.1. Thereafter, OP No. 1 directed the complainant to deposit Rs.1,000/- which is required as minimum balance for maintaining the SB account and the nominee deposited the amount on 3.12.2008. She expected about release of insurance coverage amount but lastly, she has to send Pleader’s notice on 3.8.2009 and 3.9.2009 by regd. post with AD to OP No.1. OP No.1 repudiated the claim stating that the claim was not lodged within 90 days from the date of death of the account holder as per the scheme but the complainant challenged same as deficiency in service on the part of OP Nos. 1 and 2. Hence, the complaint.

3. Per contra, OPNos. 1 and 2 filed written version stating that Rikhiram Sharma has opened ABJ Savings account vide Account No. 185 having insurance linked and accordingly, they have issued passbook containing all the terms and conditions, mode of operation and procedure of death claim which was in possession of thecomplainant. It is the case of OP No. 1that theyhave entered the ABJsavings scheme with collaboration of LIC of India by which they have facilitated the insurance coverage tothe nominee of the account holder in case of death of account holder but subject to terms and conditions of the scheme. They have also kept one condition for the account holder that minimum balance of Rs.1,000/-

is to be maintained in the respective account regularly. Accordingto the scheme in the event of the death of the account holder the nominee was to inform the Bank about the death within 90 days and to prefer the claim by sending the required documentswithin 180 days. On receipt o