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2025 Supreme(Online)(SCDRC) 25683

STATE CONSUMER DISPUTES REDRESSAL COMMISSION
SBI Life Insurance Co.Ltd. and another – Appellant
Versus
Charanjit Kaur and Others – Respondent
SC/3/A/14/2021



ADDITIONAL BENCH STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PUNJAB, CHANDIGARH Date of Institution : 27.01.2021 Date of Reserve : 25.02.2022 Date of Decision : 17.03.2022

1. SBI Life Insurance Company Ltd., Chhoti Baradari Branch, Patiala through its Branch Manager, Plot No.7, Allahabad Bank, 1st Floor, Chhoti Baradari, Patiala, Punjab.

2. SBI Life Insurance Company Ltd., through its Chandigarh Office, SCO NO.101-103, Second Floor, Batra Building, Sector 17-D, Chandigarh, through its Manager.

….Appellants/Opposite parties No.1 &2 Versus

1. Charanjit Kaur aged about 49 years widow of Late Narinder Singh Banga.

2. Rama Singh aged about 25 years daughter of Late Narinder Singh Banga.

3. Gaganpreet Singh, aged about 23 years son of Late Narinder Singh Banga.

All the above residents of House No.365-D, Azad Nagar, Sirhind Road, Patiala, Punjab.

……Respondents/Complainants

4. State Bank of Patiala, Head Office, The Mall Branch, Patiala through its Chief Manager

5. State Bank of Patiala, Chanarthal Kalan Branch, now in District Fatehgarh Sahib, through its Branch Manager.

6. State Bank of Patiala, Head Office, The Mall Branch, Patiala through its Industrial Relations Department, Head Office, The Mall, Patiala, Punjab.

……Respondents/Opposite Parties No.3 to 5.

First Appeal under Section 41 of the Consumer Protection Act, 2019 against the order dated 01.01.2021 of the District Consumer Disputes Redressal Commission, Patiala.

Quorum:-

Mr. Rajinder Kumar Goyal, Presiding Member Mrs.Kiran Sibal, Member Present:-

For the appellants : Sh.Rajneesh Malhotra, Advocate For respondents No.1to3: Sh.Sandeep Bhardwaj, Advocate For respondents No.4to6: Sh.Sumit Narang, Advocate RAJINDER KUMAR GOYAL, PRESIDING MEMBER The instant appeal has been filed by the appellants/opposite parties No.1 & 2 against the order dated 01.01.2021 passed by District Consumer Disputes Redressal Commission, Patiala, whereby the complaint filed by the complainants was partly allowed and opposite parties No.1 & 2 were directed to pay the amount of Rs.8,00,000/- along with interest @9% per annum from the date the claim was rejected i.e. 28.10.2016 till realization to the complainants in equal share. They were further directed to pay Rs.25,000/- as compensation and Rs.15,000/- as costs and litigation to the complainants.

It would be apposite to mention that hereinafter the parties will be referred, as have been arrayed before the District Commission.

2. Brief facts, as averred in the complaint are that the complainant No.1 is wife, complainant No.2 is daughter and complainant No.3 is son of Late Sh.Narinder Singh Banga. Late Sh.Narinder Singh Banga was working as Asstt. Manager in State Bank of Paitala and was posted at Chanarthal Kalan Branch, Patiala. On 29.07.2008, he left the premises of said branch without disclosing anything and never came back and remained untraceable since then. A police complaint was got lodged by complainant No.1 to Police Station, Mullanpur, District Fatehgarh Sahib and the fact of missing was reported in daily newspapers but nothing was traced. The complainants No.1 to 3 filed a Civil Suit No.83 of 20.08.2015 for declaration to the effect that Sh.Narinder Singh Banga son of Kartar Singh is presumed to be dead as he has not been heard and seen for more than 7 years. On the evidence, the Court of Ms.Deepika, PCS, Addl.Civil Judge, Sr.Divn., Patiala passed judgment and decree dated 25.02.2016 that Narinder Singh Banga has not been seen and unheard since 29.07.2008 and he presumed to be dead since then and complainants were declared as entitled to all death benefits of Sh.Narinder Singh Banga. Death Certificate was issued by the Registrar, Birth and Deaths, Fatehgarh Sahib, starting 29.07.2008 as date of death on the basis of the said judgment and decree dated 25.02.2016. Opposite parties No.3 to 5 had got a group insurance scheme policy for SBOP staff i.e. Sampuran Suraksha Policy bearing No.82001009105 from opposite parties No.1 & 2 for an amount of Rs.15 lacs. Th

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