STATE BANK OF INDIA Vs. SURESH CHAND

JUDGEMENT

(1.) The revision petitioner, State Bank of India, has challenged the order of State Consumer Disputes Redressal Commission, Rajasthan, passed in appeal No. 1994/2006. The six respondents in the present proceedings, are the wife and five children of one Mahadev Ram Chandor.

(2.) As per the records of this case, Mahadev had obtained a Kissan Credit Card from the Agriculture Development Branch of SBI. This credit card offered benefit of a scheme of personal accident insurance of Rs. 50,000 to the holder if he was above the age of 70 years and had died or become permanently disabled in any accident. After his death on 26.11.2004, the respondents/complainants claimed the insurance benefit but the appellant Bank did not settle the claim. Hence, a consumer complainant was made to District Consumer Disputes Redressal Forum, Alwar on 10.2.2006. The District Forum came to a conclusion that the claim is not admissible as:

(3.) In appeal against the above order, the State Commission held that there is no evidence on record to show that the limitation of 30 days was ever communicated by the OP/Bank to the complainants. Even in their reply of 10.5.2006, the Bank had not raised this issue. Therefore, rejection of the claim on this ground was considered improper. As for the condition of death being due to accident or unnatural cause, the State Commission observed that the Kissan Passbook issued by the Bank read "Insurance upto Rs. 50,000 in the event of death or accident." It however, noted that the proforma for the Personal Accident Insurance Scheme of theOP/Bank read: