Telangana

Warangal

101/5

Ch.Aparna and others - Complainant(s)

Versus

Andhra Bank credit card centre and others - Opp.Party(s)

K.Rajeshwar

25 Sep 2006

ORDER

District Consumer Forum, Warangal
District Consumer Forum, Balasamudram,Hanmakonda
consumer case(CC) No. 101/5

Ch.Aparna and others Ch.Aparna and others						...........Appellant(s)
Vs.
Andhra Bank credit card centre and others Andhra Bank credit card centre and others						...........Respondent(s)

BEFORE:

Complainant(s)/Appellant(s):

OppositeParty/Respondent(s):

ORDER

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EFORE THE DISTRICT CONSUMER WARANGAL

Present: Sri D. President.

Sri N.J. Mohan Member

And

Smt. V.J.

Monday, the 30^th day of June, 2008.

101/2005

Between:

1. Ch. Age: 28 years,

2. Ch. Age: 07 years,

3. Ch. Age: 5 years,

(Complainants NO.2 and 3 are minors, being

represented by their Guardian and natural mother

Ch.

All are R/o H.No.3-15-1/E,

Peddammagadda, Mulugu Road,

Warangal.

… Complainants

AND

1. Andhra Bank Credit Card Centre,

Rep. by Senior Manager,

N.R.R.

2. City Bank, Rep. by its Manager,

3. The New India Assurance Rep. by its Divisional Manager,

Attn: The Good Health Policy,

Anna

… Opposite Parties

Counsel for the Complainants : Sri. K.

Counsel for the Opposite Party No.1: Sri J.S.N. Murthy, Advocate.

Counsel for the Opposite Party No.2: Sri Ch.

Counsel for the Opposite Party No.3: Sri A.

This complaint coming for final hearing before this Forum, the Forum pronounced the following Order.

ORDER

Per

          This is a complaint filed by the complainants under section 12 of Consumer Protection Act, 1986 for a direction to pay Rs.10

          The brief averments contained in the complaint filed by the complainant are as follows:

          The husband of the complainant No.1 7-5-2004 and expired on 14-5-2004.   After the death of the deceased the complainants have made claim of the Insurance policy through opposite party No.1 for payment by The opposite parties though received the claim have not paid the amount to the The opposite party No.3 repudiated the claim of the deceased credit card holder on the ground that the card is not valid. Hence, the complainants filed this complaint before this Forum for

          Opposite party No.1 filed the Written Version contending in brief as follows:
          In the application form of credit card the name of the nominee was After receiving the intimation about the death of the deceased the opposite party NO.1 settled the claim of said Hence, the complaint filed by the complainants may be dismissed.

          Opposite parties NO.2 and 3 filed their

          As per the terms and conditions of the policy, the bank shall confirm the validity of the card membership of the insurance person as on the date of accident. In the present case as per the information given by opposite party No.2, the card of the deceased was not valid as on the date of accident and the said card was closed on 11-4-03 by opposite party No.2. When the card of the deceased was not valid as on the date of accident, question of the deceased being covered under G.P.A. Policy does not arise and the opposite parties are not liable to pay any amount to the complainants.

          The complainants in support of their On behalf of opposite party No.1 Sri and on behalf of opposite party No.3 Sri

          Now the point for consideration is whether the complainants are entitled to get an amount of Rs.10

          After arguments of both side counsels our reasons are like this:

          The case of the complainants is that the complainant No.1 husband died in an accident and he was holding Andhra Bank City Bank Credit Card bearing No.4568228001235020 at the time of his death. As per the said scheme every credit card holder is covered with Group Personal Accident insurance Policy and the complainant made corresponding on 11-08-04,    13-08-04 and 08-09-2004, but there was no response from them. Thereafter she made several requests to opposite parties, but they refused to pay the amount. Thereafter she filed this complaint before this Forum.

          Opposite parties filed the Written Version stating that denying all the allegations and stated that this complaint is not maintainable under law because already the nominee of the credit card by name And further Opposite party NO.3 stated that the credit card is not valid at the time of death of the deceased. They are not entitled to get any amount. The version of the opposite parties since the father of the deceased already received the entire amount and further there is no validity of the credit cards at the time of death of death of the deceased, the complainants are not entitled to get anything as per their version.

          Now this Forum has to see whether the complainants are entitled to get the amount and the father of the deceased

          To show this as per Ex.B-1 the name of the nominee is mentioned in the same credit card application as As per Ex.B-1 it is clear that the father of the deceased is the nominee of the said amount. For the credit card and further after the death of the deceased the bank sent an amount of Rs.1,74,530.72 So as per Ex.B-2 it is clear that Opposite party No.1 And further as per Ex.B-4 it is clear that It clearly goes to show that the nominee by name Since already the nominee of the deceased    Because in this case Ex.B-1 it clearly goes to show that the name of the wife of the deceased added and mentioned as So the wife of the deceased So she knows all the facts, she herself filed this case to get the amount from the opposite parties in a wrongful manner. Ex.B-1 to Ex.B-4 clearly goes to show that the nominee The complainant is not entitled to get any from the opposite parties and further as per Ex.B-8 it is clear that whether the deceased card member was a valid card holder as on 7-5-2004. For this our answer is “NO” because card was closed and further Clause NO.9 of Ex.B-8 it clearly goes to show whether the membership is closed and if so date of closing & reason. Answer is
was closed on 11-4-2003 under clause “collection closure”. And further as per Column NO.12 Answer is No. Card type eligible but this card was closed before the valid date hence, not eligible. So as per Ex.B-8 the complainant is not entitled to get anything and further as per Ex.B-9 the card was closed. As per Ex.B-10 as per Clause NO.7 For this we already gave answers as per Ex.B-8 No, because the card was closed. So on the basis of Ex.B-8 and B-10 it is clear when the card is not valid at the time of death of the deceased the complainant is not entitled to get anything and further in this case already the deceased father After knowing how the complainant filed this complaint again to get the amount from the opposite parties, it is an unfortunate thing and the complainant is not entitled to get anything from the opposite parties. When the complainant knows all the particulars of the credit card but she filed this complaint to get the amount from the opposite parties for wrongful gain from opposite parties, for this she is liable to pay some amount to the opposite parties under section 26 of Consumer Protection Act. But for this our answer is that because she is widow and poor lady, we are paying mercy on her and considered.

          For the foregoing reasons given by us when the father of the deceased received the entire amount, the complainant is not entitled to get anything from the opposite parties.   Hence, we answered this point accordingly in

Point NO.2: To what relief:- The main point is decided in

          In the result there are no merits in the complaint filed by the complainant and accordingly the same is dismissed, but without costs.

(Dictated to the Stenographer, transcribed by her, corrected and pronounced by us in the open Forum today, the 30^th June, 2008).

                                                                                                                                               Member                      Member              President,
                                                  District Consumer Forum,

APPENDIX OF EVIDENCE
WITNESSES EXAMINED

On behalf of Complainant                          On behalf of Opposite Party

Affidavit of No.1 filed       Affidavit on behalf of


EXHIBITS MARKED
On behalf of complainant

Ex.A-1 Xerox copy of credit card of the Ex.A-2 Death Certificate issued by Municipal Corporation of Hyderabad, 5-7-04.
Ex.A-3 Xerox copy of Post Mortem Examination, dt.15-5-04.
Ex.A- Xerox copy of statement issued by Opposite party No.2, dt.12-3-04.
Ex.A- Xerox copy of statement issued by Opposite party No.2, dt.13-6-04.
Ex.A-6 Xerox copy of statement issued by Opposite party No.2,

Ex.A-7 Xerox copy of statement issued by Opposite party No.2,

Ex.A-8 & 9 Xerox copy of letters issued by
Ex.A-10 Xerox copy of letter sent to
Ex.A-11 Xerox copy of letter by opposite party No.3 to complainant No.1.
Ex.A-12 Xerox copy of paper cutting in

On behalf of

Ex.B-1 True copy of credit card application.
Ex.B-2 True copy of letter from
Ex.B-3 True copy of Airway Bill.
Ex.B-4 Statement of receiving of D.D. of father of deceased.
Ex.B-5 copy of claim form.
Ex.B-6 Personal Accident Insurance policy for Citibank card holders.
Ex.B-7 Schedule attached to and
Ex.B-8 Furnishing the information of card account of deceased by
Ex.B-9 Table
Ex.B-10 Letter from