- Sri Sudhir Bandyopadhyay,
7C, Embassy,
4, Shakespeare Sarani, Kolkata-71. _________ Complainant
____Versus____
- Citi Bank, Card Member Services,
41, Chowringee Road, Kolkata-71.
- New India Assurance Co. Ltd.
D0712500, New No.260,
Anna Salai, Chennai-600006. ________ Opposite Parties
Present : Sri Sankar Nath Das, Hon’ble President
Dr. Subir Kumar Chaudhuri, Member.
Smt. Samiksha Bhattacharya, Member
Order No. 21 Dated 12-08-2015
The case of the complainant in short is that in 2005 o.p. no.1 issued Citi Bank Credit Card with attractive reduced rate for Good Health Policy (mediclaim). Complainant accepted the same after observing all the relevant formalities. But surprisingly complainant noticed that the bill sent by o.p. no.1 started increasing. He raised objection for several times and in the month of April 2006 he came to know that in spite of his sending money to o.p. no.1 it was transmitted to the appropriate authority i.e. o.p. no.2. For such non transmission of money by o.p. no.1 to o.p. no.2, the complainant was deprived of getting the benefit of mediclaim. He informed in writing ventilating his grievances and as a result, o.p. no.1 reversed their bill amount which came down to Rs.1975/- and sent another letter dt.26.10.06 tendering apology for such mistake.
The case of the complainant is that in spite of the complainant’s tendering money in respect of the bills for the aforesaid health policy the same was not transmitted to o.p. no.2 for the reasons best known to o.p. no.1. According to the complainant in total a sum of Rs.9180/- was not sent by o.p. no.1 to o.p. no.2 which has resulted in great harassment and mental agony to the complainant and his mediclaim policy got lapsed and hence the application praying for a direction upon the o.p. for making payment of compensation to the extent of Rs.5 lakhs for negligence and deficiency of service and to pass any further order or orders upon the o.ps. as the Forum may deem fit and proper.
O.p. no.1 had entered their appearance in this case by filing w/v and denied all the material allegations labeled against them and prayed for dismissal of the case. Ld. lawyer of o.ps. in the course of argument submitted that the case has got no merit and the same is liable to be dismissed. O.p. no.2 did not contest the case by filing w/v and matter was heard ex parte against o.p. no.2.
In their w/v o.p. no.1 stated that complainant is guilty of suppression very and suggestio falsi and by reason of that alone the complaint is liable to be dismissed. The facts stated hereinafter will demonstrate that there has been gross suppression of material facts which, in equity, disentitled the complainant from claiming reliefs from this Ld. Forum.
The instant case is a prime illustration where the insured, despite failing to perform his reciprocal nature linked promise under the contract of insurance to make payment of the insurance premia, seeks the indulgence of this Ld. Forum for grant of compensation. The insured has not sought reinstatement of the policy but merely sought for compensation for the alleged sufferings of harassment and mental agony. O.p. submits the fact that the complainant really does not seek the benefits of the insurance and is well aware that due to his own default the contract of insurance could no longer be revived and his only motivation is to procure some money out of the bargain.
On or about 8.3.2000 the complainant availed of an insurance policy style as ‘Good Health Policy’ for his wife and himself from New India Assurance Co. Ltd. (o.p. no.2) by availing of the services provided by the bank. While availing of the insurance cover on the basis of the facilities concomitant with the with the credit card, the complainant clearly understood that the insurance premia would paid via credit card issued by the bank and the insurance cover would be provided to the complainant so long he continued to comply with the terms and conditions of the Card Member Agreement.
At the time of availing the aforesaid credit card and insurance policy, the complainant was well aware of the terms and conditions governing the issuance and operation of the aforesaid facility as stipulated in the Card Member Agreement.
O.p. also stated that any default or delay or negligence in making regular and timely payment under the credit card would entail automatic cessation of the facility provided by o.p. no.1 in respect of credit card. The Card Members specifically acknowledged that Citi Bank would not be liable in any manner whatsoever by virtue of any insurance cover provided whether the premium had not been paid by the Card Members. O.p. no.1 can, at any time suspended withdraw or cancel the benefit of such insurance premium payment facility and there will be no binding obligation upon o.p. no.1 to continue the benefit. It is the Card Members’ liability to maintain their credit card account regularly to claim any benefit from insurance company. On 22.10.2000 complainant had opted for upgradation of his credit card and accordingly, his credit card was upgraded to a fresh credit card being no.5546 1991 1718 5009 issued by o.p. no.1 to complainant. Accordingly, the further renewal debits of the insurance premium for the insurance policy availed of by complainant was done from the said new credit card issued by o.p. no.1. However, all the terms and conditions Card Members agreement and insurance policy remain same. O.p. no.1 annexed the photocopy of the insurance policy premium payment certificate for the period 1.4.01 to 31.3.02, 1.4.02 to 31.3.03, 1.4.03 to 31.3.04, 1.4.04 to 31.3.05, 1.4.05 to 31.3.06 and 1.4.06 to 31.3.07 with their w/v. Complainant had been irregular in payment of his outstanding dues reflecting in the monthly statement sent to his registered address which is evident from the statement of his credit card account. Complainant used to make no payment or partial payment towards his credit card dues which as per the Card Members agreement attracted charges for late payment fees and interest charges. On 7.3.06 complainant made a payment of Rs.7445/- which in accordance with the terms and conditions of the Card Members agreement was adjusted towards the total outstanding amount. In month of April 2006 complainant contacted with o.p. no.1 disputing the transactions relating to insurance premium debit outstanding amount of his credit card i.e. Rs.7456.02. O.p. no.1 reverse the premium amount and credited the amount to the credit card account of complainant. Accordingly, o.p. no.1 refunded Rs.1861.25 towards the premium amount in the credit card account of the complainant. During the period of insurance coverage no event occurred on the basis of which complainant would have invoked the insurance policy for payment on account of loss suffered by him. Ld. lawyer of o.p. no.1 submits that they did not have any lapse and/or deficiency in service to the complainant as service provider and prayed for dismissal of the case with exemplary cost.
Decision with reasons:
We have gone through the pleadings of the parties, evidence and documents in particular. It appears from the record that o.p. no.1 duly revalidated the policy from their end. In the course of argument complainant cited one document issued by o.p. no.1 dt.26.10.06 to complainant. In the said document o.p. no.1has apologized for their activities but it is settle principle of law that mere averment without any cross examination obviously examination-in-chief does not hold any evidential value. Moreover, in that letter it also reveals that they had rectified the error and debited the amount of Rs.1861.25 towards the Good Health April 2006 Policy to the complainant’s card account and they had confirmed that “ The Good Health April 2006 Policy is valid and still inforce” as on the date of issuance of the aforesaid communication by o.p. no.1. O.p. no.1 annexed photocopies of all the policies issued to complainant with their w/v. It appears from the photocopy of the policy for the period from 1.4.06 to 31.3.07 as has been annexed by o.p. no.1 with their w/v that the sum assured of the insurance for the complainant was Rs.1.50 lakhs plus bonus and the sum assured for the complainant’s wife was Rs.1 lakh plus bonus. But it appears from the record and evidence submitted by complainant that there is no averment whether the spouse or either of the spouses made any expenditure towards maintaining their Good Health Policy during the aforesaid period. Hence the question of any claim amount during the aforesaid period does not arise at all. Moreover, complainant has not annexed any document and/or whatsoever that is evident that the complainant had filed any claim to o.p. no.2 for the relevant period. Complainant has also stated in his petition that o.p. no.1 sent him enormous bill towards his credit card account, but in his evidence complainant has not filed any statement towards the enormous credit card bill.
However, it evident from the materials on record that the insurance facility of the complainant was cancelled by Citi Bank in the year 2006. O.p. no.1 clearly stated in their w/v that they have cancelled the policy of the complainant inadvertently. When the complainant contacted with o.p. no.1 for such mistake the error was rectified by o.p. no.1 in Feb. 2007 by crediting the amount of Rs.1861/-. Though o.p. no.1 rectified their mistake it does not necessarily take away the mental agony and harassment caused to the complainant.
Under such circumstances and in compliance with the order of the Hon’ble National Commission passed on 25.6.15 in R.P. No.3758 of 2011 this Forum has gone through the specific direction as has been directed by the Hon’ble National Commission in this regard this Forum holds that complainant is entitled to some relief due to deficiency of service on the part of o.p. no.1.
Hence, ordered,
That the case is allowed on contest with cost against the o.p. no.1 and dismissed ex parte without cost against o.p. no.2. O.p. no.1 is directed to pay to the complainant compensation of Rs.50,000/- (Rupees fifty thousand) only for harassment and mental agony litigation cost of Rs.10,000/- (Rupees ten thousand) only within 30 days from the date of communication of this order, i.d. an interest @ 10% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.
Supply certified copy of this order to the parties free of cost.
