STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA FIRST APPEAL NO. SC/6/A/173/2024 UNION BANK OF INDIA PRESENT ADDRESS - BRANCH OFFICE KARNAL MAIN BRANCH, POST BOX NO. 79, G.T.

ROAD, NEAR AMBEDKAR CHOWK, KARNAL DISTT. KARNAL, HARYANA ITS THROUGH ITS CHIEF MANAGER. ,HARYANA.

.......Appellant(s)

Versus AASHA TIWARI PRESENT ADDRESS - R/O HOUSE NO. 423, INDRA AWAS COLONY, VILL. TEJLI, YAMUNA NAGAR, TEHSIL JAGADHARI, DISTT. YAMUNA NAGAR. ,HARYANA.

.......Respondent(s)

BEFORE:

T P S MANN , PRESIDENT MR. S . P . SOOD , JUDICIAL MEMBER MANJULA , MEMBER FOR THE APPELLANT:

MR. BHUPENDER SINGH PROXY COUNSEL FOR MS. NANCY VISHISTHA, COUNSEL FOR THE APPELLANT.

FOR THE RESPONDENT:

MS.HANIMA GREWAL, COUNSEL FOR THE RESPONDENT DATED: 10/07/2025

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, HARYANA, PANCHKULA First Appeal No.173 of 2024 Date of Filing:08.02.2024 Date of Order:10.07.2025 Union Bank of India, Branch office: Karnal Main Branch, Post Box No.79, G.T. Road, Near Ambedkar Chowk, Karnal, Distt. Karnal, Haryana, through its Chief Manager.

…..Appellant Versus Aasha Tiwari widow of Himanshu Tiwari S/o Siya Ram Tiwari, R/o H.No.423, Indra Awas Colony, Vill. Tejli, Yamuna Nagar, Tehsil Jagadhri, Distt. Yamuna Nagar.

..…Respondent CORAM: Hon’ble Mr. Justice T.P.S Mann, President.

Mr.S.P.Sood, Judicial Member Mrs. Manjula, Member.

Present:- Mr. Bhupender Singh proxy counsel for Ms. Nancy Vishistha, counsel for the appellant.

Ms.Hanima Grewal, counsel for the respondent.

O R D E R

T.P.S. MANN J.

Appellant-Opposite Party-Union Bank of India, has filed the instant appeal under Section 41 of the Consumer Protection Act, 2019 for challenging the order dated 27.04.2023 passed by the District Consumer Disputes Redressal Forum, Yamuna Nagar at Jagadhri whereby complaint filed by Complainant-Aasha Tiwari was allowed with following directions:-

“Hence, due to the reasons stated hereinbefore, the complaint is accepted, against the opponent, holding it liable to make payment of Rs.2,00,000/- (Rupees Two lac only) to the complainant being the widow of the deceased card holder under personal accident claim arisen due to issuance of card Ex.C4 + making payment of Rs.50,000/- (Rupees Fifty Thousand only) as punitive damages to the complainant, total Rs.2,50,000/- (Rupees Two Lac Fifty Thousand only), to compensate the complainant in all heads, within the period of one (1) month from the date of receipt of certified copy of this order, in default of it, award amount including amount of punitive damages shall carry on simple interest @ 8% per annum from the date of order till actual payment. The complainant through counsel is directed to transmit the certified copy of this order to the opponent bank either by hand or through registered post or any other legal mode at her own responsibility.”

2. The brief facts of the case are that the complainant’s husband namely Sh.Himanshu Tiwari was having a bank account NO.379902010045321 with opposite party and also have a classic ATM/VISA Debit card bearing No. 4520 5537 99006821 with a personal accidental insurance cover upto Rs,2,00,000/- as per bank policy. Unfortunately, the husband of the complainant, namely,Sh.HimanshuTiware died in a road side accident on 19.01.2020. FIR No.43 dated 20.01.2020 was registered. Post mortem of Himanshu Tiwari was also conducted at Civil Hospital, Karnal. As per the terms and condition of the classic ATM/VISA Debit card insurance cover policy, the complainant’s husband was insured for Rs.2,00,000/- as personal accidental cover. The complainant applied for insurance clam to the OP but the OP had been delaying the same on false pretext. Faced with this situation, she got issued legal notice dated 01.07.2020 to the OP, but, OP did not reply the same. Thus there was deficiency in service on the part of the OP.

3. The complaint was resisted by the OPby filing its reply. It wasadmitted to the extentthat the complainant through her counsel sent the legal notice dated 01.07.2020, which was duly repli