DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

WEST TRIPURA :  AGARTALA

 

 

CASE   NO:   CC- 370 of 2022

 

 

1. Smt. Sabitri Das(Bhowmik),

 

 

2. Master Subhrajyoti Bhowmik,

 

 

-VERSUS -

 

 

1. Axis Bank,

Bordowali(Near BOC),

P.O. A.D. Nagar, West Tripura,

PIN- 799003

To be represented by the Branch Head.

 

 

2. The New India Assurance Company Limited,

 

 

 

 

__________PRESENT__________

 

 SRI GOUTAM DEBNATH

PRESIDENT,

  DISTRICT CONSUMER  

DISPUTES REDRESSAL COMMISSION,

      WEST TRIPURA, AGARTALA. 

 

DR (SMT) BINDU PAL

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL COMMISSION, 

  WEST TRIPURA, AGARTALA.

 

SRI SAMIR GUPTA

MEMBER,

  DISTRICT CONSUMER  DISPUTES  

REDRESSAL COMMISSION,

WEST TRIPURA,  AGARTALA. 

 

C O U N S E L

 

 

For the O.P. No.1 : Sri Pushpita Chakraborty,

 

 

 

 

F I N A L    O R D E R  

1. The complainants filed this case U/S 35 of the Consumer Protection Act, 2019 against the O.Ps namely Azis Bank, A.D. Nagar, Agartala(here-in-after referred to as “the O.P.No.1”) and the New India Assurance Co. Ltd., Agartala(here-in-after referred to as “the O.P. No.2”) alleging deficiency in service on the part of the part of the O.P.

1.1 The case in brief is that the husband of the Complainant No.1, late Debajyoti Bhowmik was holding Savings Bank Account No- 911010055010010 in the Axis Bank Bordowali(Near BOC) and he was holding a Debit Card  valid up to July, 2023. 

1.2 The Savings Bank Account and Debit Card  was insured with the New India Assurance Co. Ltd. as personal accident benefit for an amount of Rs.5,00,000/-. 

1.3 On 19.02.2019 Debojyoti Bhowmik while returning to Agartala from Bisramganj  riding his motor cycle met with an accident at Shekerkote at about 20.00 hours. As a result,  there of Debajyoti Bhowmik received grievous injuries on his person and he was shifted to Tripura Medical College, Hapania and the attending doctor declared him dead.  

1.4 G.D. Entry vide GDE No.43 dated 19.02.2019 was registered. A specific case was registered   vide Amtali P.S. Case No.25 of 2019 dated 20.02.2019 U/S 279/338/304A/427 of the IPC, 1860 and Section 181/184 of the Motor Vehicle Act. 1988. 

1.5 On 15.03.2019 the complainant no. 1 being the nominee late Debajyoti Bhowmik informed to the  O.P. No.1 about the demise of her husband due to road traffic accident and claimed the benefit of the Insurance on the Debit Card.

1.6 On 19.03.2019  complainant No.1 submitted all the relevant papers to the O.P. No.1 along with an affidavit for onward transmission to the O.P. No.2. 

1.7 In the month of August, 2020 the O.P. No.1 informed that her claim is barred by lapse of time by handing over a copy of the view service. 

1.8 On 05.08.2020 the O.P. No.1 informed the complainant No.1 that her claim has been rejected as the intimation of death and submission of documents was beyond 90 days from the death of late Debajyoti Bhowmik.

1.9 Finding no other alternative the complainants filed this case for getting relief claiming the  insurance coverage of the Debit card and compensation, total Rs.7,50,000/-.

2. The O.P. No.1, Axis Bank Ltd. filed their written version stating that Axis bank Ltd. had taken steps maintaining all formalities as per banking rules  so that the complainant get her relief. Moreover, the O.P. No.1 is only facilitator and the O.P. Insurance company has the vital role as insurer.

2.1 It is also stated by the O.P. No.1 that there is no deficiency in service on their part as the liability for settlement of the claim lies upon the O.P. Insurance company.

2.2 The O.P. No.2, New India Assurance company in their written version stated that the complaint is barred by limitation. It is stated by the O.P. that the O.P. No.1 Axis bank obtained Insurance Policy for Credit Card Package Insurance policy from the O.P. No.2 covering period from 15.04.2018 to 14.04.2019 and this policy was covered only for all the credit and debit card holders of Axis Bank.

2.3 It is pleaded by the O.P. No.2 that the claim of the complainant is illegal as the documents submitted after the expiry of 90 days. 

2.4 It is pleaded by the O.P. that the O.P. Bank rejected the claim of the complainant after verification of the claim as the complainant submitted documents after 90 days. There is no deficiency in service on the part of the O.P. Insurance company and the petition is liable to be dismissed. 

3. The complainant submitted evidence on affidavit along with documents namely Birth Certificate, Death Certificate, Survival Certificate, Bank Cheque Book, Debit Card, P.M. Certificate, Driving license, F.I.R., Chargesheet/Final Report, copy of Service Request, application dated 05.08.2020, 01.03.2021 and    22.12.2021, copy of Insurance cover terms and conditions. 

3.1 The O.P. No.1 submitted evidence on affidavit along with documents namely copy Insurance Policy, Service Level Agreement, Major Condition of Insurance.

3.2 The O.P. No.2 also submitted their evidence on affidavit.

4. On the basis of the pleadings, documents submitted by the parties and hearing argument we frame the following points for determination:- 

 

5. As per terms and condition of policy intimation of accident must be given within 30 days and all documents to be submitted within 90 days. There is nothing on the policy if documents are not submitted within 90 days or intimation is not given within 30 days the claim is liable to be repudiated.

5.1 This condition of the policy is unilateral. For different reasons the claimant may not be in a position to intimate within 30 days or submit documents within 90 days. But it itself can not be a ground for repudiating a claim unless any malafide cause is detected for such delay.

5.2 In Para 8 of written statement the O.P. stated that the policy was issued against credit card but the deceased had a debit card only. But in the first part of this para it is mentioned in no unclear terms that such insurance can be given against debit card and credit card holders. Hence, this stand is not acceptable. Therefore, the complainants are entitled to get the benefit of the Insurance coverage for the credit card.

5.3 We also do not agree with the argument of Learned Counsel Mr. Das that the O.P. Bank did not inform the O.P. Insurance company and as such the O.P. Bank is responsible to pay the compensation if any. The O.P. Bank is the corporate partner of the O.P. Insurance Company. Hence, any latches on the part of the O.P. Bank is attributable to the O.P. Bank and O.P. Insurance Company for that reason the complainant is not suppose to suffer. 

6. Both the points are decided accordingly.

 

7. In the result, it is ordered that the O.P. No. 2 shall pay the insured sum of Rs.5,00,000/-(Rupees Five Lakhs) and a sum of Rs.10,000/-(Rupees Ten Thousand) as compensation to the complainant including litigation cost within a period of 30(thirty) days, failing which the amount shall carry interest @ 7.5% till the date of actual payment. 

 

10. The case stands disposed of. Supply copy of this order to the parties free of cost. 

 Announced.

 

 

 

 

SRI  GOUTAM DEBNATH

PRESIDENT,

DISTRICT CONSUMER  DISPUTES 

REDRESSAL COMMISSION,

WEST TRIPURA,  AGARTALA

 

 

 

 

DR (SMT)  BINDU  PAL

MEMBER, 

DISTRICT CONSUMER DISPUTES 

REDRESSAL COMMISSION, 

WEST TRIPURA,AGARTALA

 

 

 

SRI SAMIR  GUPTA

MEMBER,

 DISTRICT CONSUMER DISPUTES  

REDRESSAL COMMISSION,

WEST TRIPURA,AGARTALA.