Reserved

State Consumer Disputes Redressal Commission

U.P., Lucknow.

Appeal No. 1355/2019

LIC-Pension Evam Samuh Bima Yozna,

5^th Floor, Jeevan Prakash, 172-A/40, Mahatma

Gandhi Marg, Civil Lines, Prayagraj (U.P.)

Through Senior Branch Manager.                      ….Appellant. 

Versus

1- Shri Shiv Prasad, Shri Kamta Prasad,

    Shri Kishan Kumar s/o Late Ichchharam Soni,

    R/o Village, Nanaura, Tehsil & District,

    Mahoba (U.P.

2- Allahabad U.P. Gramin Bank through Branch

    Manager, Allahabad U.P. Gramin Bank,

    Branch, Naraura, Tehsil & District, Mahoba(U.P.)

                                                                      …..Respondents.

Present:-

Hon’ble Mr. Goardhan Yadav, Member.

Hon’ble Mr. Rajendra Singh, Member.

Mr. Alok Ranjan, Advocate for Appellant.

Mr. Sushil Kumar Sharma, Advocate for respondent no.1.

None for respondent no.2.

Date:   8.3.2021

                                         JUDGMENT

Per Mr. Rajendra Singh, Member: The present appeal has been filed by the Appellant against the judgement/order of District Consumer Forum, Mahoba dated 23/09/2019 passed in complaint case number 93/2018 , Shiv  Prasad  &  Ors  Vs  Allahabad  UP Gramin  Bank &  Anr .

The main grounds of appeal are that, then the impugned judgement has been passed ex-parte by which the District Consumer Forum has partly allowed the complaint and directed the Appellant to pay insured amount of Rs.2 lakh with simple interest at the rate of 7% per annum from the date of filing of the complaint till the date of actual payment and further directed to pay Rs.2000 as compensation for mental

(2)

agony and Rs.1000 for the cost of litigation. The District Forum after preparing the certified copy of the judgement, send it to wrong address and hence there was a delay of about four days in filing of the appeal. The delay has been condoned.

The Appellant has stated that the complainant has alleged that the deceased father late Ichha Ram  Soni had a savings that account number 10170100000280 with Allahabad UP Gramin  Bank, Branch – Nanaura, Tehsil and District  Mahoba, UP. The said bank had deducted Rs 330.00 from the said account in the head of insurance premium under “Pradhanmantri Jivan  Jyoti  Bima  Yojna” and the life of late Ichha Ram  Soni was insured for of Rs.2 lakhs for the period 26 May 2017 to 25 May 2018 and under this scheme natural death was covered. Ichha Ram  Soni died on 22 July 2017 during the insurance period. And the complainant informed the bank about the death but the bank did not pay the insurance amount. The complainant, thereafter sent a reminder cum notice to the bank on 11 April 2018 and alleged that their father was 67 years old at the time of death. The opposite party, the bank accepted that they have deducted Rs.330 from the savings bank account of the deceased under the said Yojana and the life of late Ichha Ram  Soni was insured for a sum of Rs.2 lakhs for the period 26^th May 2017 to 25 May 2018 covering the natural death of the insured. The complainant has sent a registered letter dated 11^th April 2018 and only then the bank got the information of the death. The bank alleged that after getting the knowledge of death, they processed the insurance claim of