Haryana

Ambala

CC/39/2020

Parkasho - Complainant(s)

Versus

Axis Bank Ltd - Opp.Party(s)

G.S. Ahluwalia

02 May 2022

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, AMBALA.

                                                                      Complaint case no.         :     39 of 2020

                                                          Date of Institution           :     01.02.2020.

                                                          Date of decision     :     02.05.2022.

Parkasho, aged about 53 years, widow of Late Shri Ramesh Kumar, resident of village Ganganheri, PO Shahpur Nurhad, Tehsil Barara, District Ambala.

                                                                                       ……. Complainant.

                                      Versus

1.       Axis Bank Limited Branch village Kalpi (1758), Tehsil Barara, District       Ambala through its Branch Manager.

2.       Axis Bank Limited (Corporate Office) #‘Axis House’, C-2, Wadia    International Center, Pandurang Budhkar Marg, Worli, Mumbai-400025,       through its Principal Nodal Officer/Managing Director.

                                                                               ….…. Opposite Parties

Before:        Smt. Neena Sandhu, President.

                   Smt. Ruby Sharma, Member,

Shri Vinod Kumar Sharma, Member.         

                            

Present:       Shri G.S.Ahluwalia, Advocate, counsel for complainant.

                   Shri Rahul Vig, Advocate, counsel for the OPs.

 

Order:        Smt. Neena Sandhu, President.

Complainant has filed this complaint under Section 12 of the Consumer Protection Act, 1986 (hereinafter referred to as ‘the Act’) against the Opposite Parties (hereinafter referred to as ‘OPs’) praying for issuance of following directions to them:-

1. To pay Rs.10,00,000/-, (Rs. Ten lacs) or the amount as per terms and conditions of the insurance policy.
2. To pay Rs.1,00,000/-, as compensation for the mental agony and physical harassment suffered by the complainant.
3. To pay litigation expenses.
382.  

Any other relief which this Hon’ble Commission may deem fit.

2.            Brief facts of the case are that the complainant is resident of village Ganganheri, PO Shahpur Nurhad, Tehsil Barara, District Ambala, She is widow of Late Shri Ramesh Kumar s/o Shri Ajmer Singh. Shri Ramesh Kumar son of Shri Ajmer Singh having bank account No.913010003982088,  with the OPs and his customer Number 847730228. OPs issued an ATM-cum-debit Card(Platinum) No.6522-3600-0691-2285 in the month of January, 2018, in favour of Ramesh Kumar, the deceased husband of the complainant, having validity upto January, 2023 and during his lifetime, Shri Ramesh Kumar was operating the account regularly, through ATM and had paid service charges of the ATM. Sh. Ramesh Kumar died on 28.01.2019, in road accident, DD No. 029 dated 28.01.2019 was lodged in P.S. Naraingarh. On 28.01.2019, the post mortem was conducted in M.M. Medical College and hospital, Mullana. At the time of issuance of above said ATM, the OPs assured Late Shri Ramesh Kumar that he was covered for accidental death benefits upto Rs.10,00,000/- and in case ATM card-holder die, his legal heirs shall be entitled to receive the insurance benefits. The bank account of Sh. Ramesh Kumar was in running condition till his death. Complainant informed the OPs, regarding the death of Sh. Ramesh Kumar and visited the Bank, in the first week of March, 2019, to file the claim form and requested them to release the eligible amount of insurance scheme on ATM, in her favour, being the legal heir/dependent of the deceased but they did not pay any heed to her request.  Complainant wrote a letter dated 12.04.2019, to the OPs, for release of the insurance amount of Rs.10,00,000/-, in her favour on account of death of ATM-cum-Debit Card Holder Sh. Ramesh Kumar but the OPs put off the matter on one pretext or the other and did not release the amount. Thus, the OPs have committed deficiency in service. Hence the present complaint.  

3.           Upon notice, OPs appeared and filed written version and raised preliminary objections with regard to maintainability, not come with clean hands, concealed true and material facts and non-joinder of necessary party etc. On merits, it is stated that complainant is not eligible for the claim as per the rules/terms and conditions as enshrined in RuPay Insurance Program FY-2018-19. Deceased Ramesh Kumar, prior to his death neither operated the ATM as per the rules, nor complainant submitted any claim form with the OPs, as such she is not eligible to get any amount. Rest of the allegations levelled by the complainant were denied by OPs and prayer has been made for dismissal of the present complaint filed by the complainant against them with costs.                                                                                                                                                                                                                                                                                                                                                                                                                  

4.           Complainant tendered her affidavit as Annexure CA along with documents Annexure C-1 to C-10 and closed her evidence. On the other hand, learned counsel for the OPs tendered affidavit of Shri Hitesh Kakkar Branch Manager, Axis Bank Kalpi Branch, District Ambala as Annexure OP1/A alongwith documents Annexure OP-1 to OP-2 and closed the evidence on behalf of the OPs.

5.           We have heard the learned counsel for the parties and have also gone through the record of the case very carefully.

6.           The learned counsel for the complainant submitted that the deceased husband of the complainant during his lifetime was having a ATM-cum-debit Card(Platinum) No. 6522-3600-0691-2285, issued by the OPs and he being the card holder was duly insured under the Rupay Debit Card (Platinum) and was covered for accidental death benefits upto Rs.10,00,000/. The husband of the complainant died in Road accident and after his death she being the legal heir, lodged the claim to get the death benefits, but the OPs did not pay her any amount.

7.           On the contrary, the learned counsel for the OPs submitted that the card-holder before his death did not make the transaction, as envisaged in the terms and condition of the RuPay Insurance Program FY2018-19. Moreover, complainant never lodged any claim with the OPs, therefore, she is not eligible to get any claim.

8.           Admittedly, OPs issued ATM-cum-debit Card(Platinum) No.6522-3600-0691-2285, in the name of Ramesh Kumar (now deceased) and he was duly insured under the RuPay Debit Card (Platinum) and had accidental death benefits cover upto Rs.10,00,000/-. From the perusal of DDR dated 28.01.2019, Annexure C-2, it is evident that Ramesh Kumar died in a Road accident on 28.01.2019. As per term No.5 (A), of the terms and conditions of the Circular:RuPay/2018-19/003, dated 05.04.2018, Annexure OP-2, which reads as under:-

1. All RuPay Card holders (valid for physical or virtual RuPay card holder) i.e Cards issued on an IIN assigned by RuPay will be eligible for the benefit under the RuPay Insurance Program 2018-19

2. Benefits of Insurance will be available to the Cardholders who have performed minimum one successful transaction as under:

              . Financial or non-financial transaction at any Channel both Intra and Inter-bank i.e on-us (ATM/MicroATM/POS/e-com/Business Correspondent of the bank at locations by any payment instrument) within 90 days prior to date of accident including accident date of Non-Premium Cardholders or off us (same bank channels-Bank Customer/RuPay-cardholder transactions at other bank channels).

              . Financial or non-financial transaction at any Channel both Intra and inter-bank i.e on-us (ATM/MicroATM/ POS/e-com/Business Correspondent of the Bank) within 45 days prior to the date of accident including accident date of Premium/Select Cardholders or off us (same bank channels-Bank Customer/RuPay cardholder transactions at other bank channels).

              Late Shri Ramesh Kumar, being a card-holder, ought to have done the transaction through ATM-cum-debit Card(Platinum), within 90 days prior to the date of accident, only then he would have been eligible for insurance claim. Shri Ramesh Kumar met with an accident on 28.01.2019 and died. From the perusal of copy of Passbook of Shri Ramesh Kumar, Annexure C-10 and statement of account Annexure OP-1, it is evident that no transaction was done by Late Shri Ramesh Kumar, within 90 days, prior to the date of accident i.e 28.01.2019, as such, as per the terms and condition of the RuPay Insurance Program FY2018-19, complainant is not entitled to get any claim. Be that as it may the complaint filed by the complainant is devoid of merits, consequently, we dismiss the same. Parties are left to bear their own costs. Certified Copy of the order be sent to the parties concerned as per rules.  File be annexed and consigned to the record room.

Announced on :02.05.2022.

 

 

          (Vinod Kumar Sharma)            (Ruby Sharma)               (Neena Sandhu)

              Member                                  Member                       President

 

Present:       Shri G.S.Ahluwalia, Advocate, counsel for complainant.

                   Shri Rahul Vig, Advocate, counsel for the OPs.

 

Vide our separate detailed order of even date, the present complaint has been dismissed. File be consigned to Record Room, after due compliance.

Announced on: 02.05.2022.

 

 

 

 

          (Vinod Kumar Sharma)  (Ruby Sharma)               (Neena Sandhu)

              Member                         Member                       President