Sri S.K.Sahoo,President.
The complainant Smt. Sarswati Sahoo has filed the complaint against all the opp.parties U/s. 12 of C.P.Act, 1986.
2. The case of the complainant is that she is the nominee of her deceased son Amaresh Ch. Sahoo in respect of A/C. No. 288-0101-00116107 and Gold plus debit card bearing No.42127222880039989 of opp.party No.1. Amaresh Ch. Sahoo died on 02.04.2012 in an accident at Angul Town. On 25.04.2012 the complainant being the nominee of Amaresh Ch. Sahoo intimated opp.party No.1 about the accident and claimed for the insurance amount of Rs.5,00,000.00 /The said intimation was sent to opp.party No.1 Under Certificate of Posting. Thereafter, in regular interval the complainant inquired about the payment of insurance amount from different officials of opp.party No.1 but they deferred payment on the ground of processing. So on 24.08.2012 the complainant issued a registered notice to opp.party No1, requesting him to settle the claim within 15 days of receipt of the notice. After receipt of said notice opp.party No.1 submitted a vague reply by letter dtd. 20.10.2013. The opp.party No.1 has taken the plea that there is no purchase transaction within 180 days prior to the date of death of Amaresh Ch. Sahoo through the gold plus debit card, for which complainant is not entitled for the claim of insurance amount. The letter of opp.party No.1 institution dtd. 20.08.2008 reveals that the insured is entitled to get personal accident coverage of Rs.5,00,000.00 only after first successful POS transaction. The debit card was valid till May, 2013.On 25.03.2011 Amaresh Ch. Sahoo has purchased some articles from Bazar Kolkata, Cuttack on payment of Rs.798.00 through the gold plus debit card issued in his favour. So he has completed his first successful POS transaction and entitled to receive the insurance amount.
3. Notice was issued to opp.party No.2 & 3 through regd. post and opp.party No.1 in person. In pursuance of such notice the opp.party No.1 & 3 entered their appearance before this Forum/Commission through their Learned Counsel but only opp.party No.1 filed the written version.
4. The case of the opp.party No.1 is that the complainant is not a consumer and the complaint filed by the complainant is not maintainable in the eyes of law or in fact. The opp.party No.1 has neither adopted unfair trade practice nor there is deficiency in its service. This Forum/Commission has no jurisdiction to decide the lies in between the parties. It is the fact that late Amaresh Ch. Sahoo was an account holder of opp.party No.1 in favour of whom a gold debit card was issued. The complainant has not sent information to opp.party No.1 till 26.08.2012 . Only on 27.08.2012 for the first time the opp.party No.1 came to know about the death of Amaresh Ch. Sahoo in vehicular accident after receipt of the Regd. letter dtd.24.08.2012 along with other documents from the complainant. Soon after receipt of the Regd. letter the complainant was asked to submit required documents along with the claim application as required to be forwarded to opp.party No.3 .After receipt of the aforesaid documents from the complainant the claim form along with the documents were forwarded to opp.party No.3. As no reply was received from opp.party No.3 relating to the matter of letter of opp.party No.1 dtd.28.08.2012 , a reminder was issued to opp.party No.3 on 08.09.2012 . In response to such letter, the opp.party No.3 informed the opp.party No.1 that the complainant is not entitled to the claim amount as late Amaresh Ch. Sahoo has not purchased anything by using the debit card within a period of 180 days prior to his death. After getting such response from opp.party No.3, the opp.party No.1 issued a letter to the complainant on 20.10.2012 intimating her that opp.party No.3 rejected the claim of the complainant. In the case in hand the debit card issued in favour of Late Amaresh Ch. Sahoo was to be used within 365 days prior to his death. It was not 180 days. The deceased Amaresh Ch. Sahoo has not purchased anything within 365 days prior to his death by using the debit card. Hence she is not entitled for the claim amount.
5. Perused the complaint petition, written version filed by opp.party No.1 and the documents filed by both the parties. Admittedly a gold international debit card bearing No. 42127222880039989 has been issued in favour of Late Amresh Ch. Sahoo who has a account bearing No. 288-0101-00116107 of opp.parties’ bank. It is also admitted that Amresh Ch. Sahoo died on 02.04.2012 at Angul Town in vehicular accident. From letter dtd.20.10.2012 of opp.party No.1 issued to the complainant, it transpires that the claim of the complainant was refused by the opp.party No.3 on the ground that no purchase transaction was made through the debit card by late Amresh Ch. Sahoo within 180 days prior to his death. The opp.party No.1 has filed the photo copy of letter dtd.20.05.2008 which was issued to Amresh Ch. Sahoo the son of the complainant. On perusal of the said letter it transpires that one user guide was issued to Amresh Ch, Sahoo by opp.party No.1 which contents complete details on activation , features and benefits and use of the card. From the aforesaid letter it is also clear that the holder of the card is covered with personal accident of Rs.5,00,000.00 after 1st successful POS transaction. The opp.party No.1 has also relied on the document which shows the conditions in which the personal accident claim can be extended i.e as follows :-
“The Gold Debit Card comes with special comprehensive insurance features for added protection. Insurance coverage includes an enhanced Personal Accident limit of upto Rs. 5 lacs, and a combined annual Lost Card Liability and Purchase Protection coverage of upto Rs. 1.75 lacs. The Personal Accident Cover comes Into force as soon as the Gold Debit Card is used for a payment transaction at any Merchant Outlet. [To keep your personal accident insurance cover activated, you should have made a purchase transaction in 365 days prior to the day of the incident & should have maintained an average quarterly balance of Rs.5,000 (urban & metropolitan branches) or Rs.2,500 (rural & semi-urban branches) as the case may be in the two quarters before the date of the Incident.”
The aforesaid documents shows that there should be a purchase transaction in 365 days prior to the day of incident by the holder of the gold debit card. The statement of account of late Amresh Ch. Sahoo has been filed by the opp.party No.1. On the perusal of the said document it is clear that only on 25.03.2011 Amresh Ch. Sahoo has purchased an article on payment of Rs.798.00 by using the debit card. Admittedly Amresh Ch. Sahoo was died on 02.04.2012 .The aforesaid purchase in not within 365 days prior to his death. Hence the complainant is not entitled to get the insured amount.
6. Hence order :-
: O R D E R :
The case be and same is dismissed on contest against opp.party No.1 and exparte against opp.party No.2 & 3.
