BEFORE THE DISTRICT FORUM: KURNOOL

Present: Sri. T.Sundara Ramaiah, B.Com B.L., President

And

Sri. M.Krishna Reddy, M.Sc., M.Phil., Male Member

And

         Smt. S.Nazeerunnisa, B.A., B.L., Lady Member

Tuesday the 6^th day of March, 2012

C.C.No.126/2011

Between:

1. N.Ramulamma,W/o N.Atma Linga Reddy,

   H.No.1-10, Kalukuntla Village,Manopadu Mandal,Mahaboobnagar District - 501 944.

2. N.Atma Linda Reddy,

   Both are residing at H.No.1-10, Kalukuntla Village,Manopadu Mandal,Mahaboobnagar District - 501 944.                  …Complainants

                                       -Vs-

HDFC Bank Limited,Represented by its Branch Manager,

40-353-A, Old Alankar Plaza, Park Road, Kurnool - 518 004.                  

   ...Opposite ParTy

This complaint is coming on this day for orders in the presence of Sri M.Sivaji Rao, Advocate for complainants and Sri C.Raghava Reddy, Advocate for opposite party and upon perusing the material papers on record, the Forum made the following.     

           ORDER

                  (As per Smt. S.Nazeerunnisa, Lady Member)

   C.C. No.126/2011

1.     This complaint is filed under section 11 and 12 of C. P. Act, 1986 praying:-

1. To direct the opposite party to pay the assured amount of Rs.10,00,000/- with accident benefits and with interest at the rate of 24% from the date of death;

1. To grant a sum of Rs.25,000/- towards the compensation for causing mental agony and hardship;
2. To grant the cost of this complaint;

1. To grant such other relief or reliefs as the Honourable Forum deems fit and proper in the circumstances of the case.

2.    The case of the complainant in brief is as under:-  On 18-08-2010 the son of the complainants Late N.Lokeswara Reddy took one ATM HDFC Platinum debit card bearing No.4363030101557676 from opposite party under the coverage of Personal Accidental Insurance Policy for a sum of Rs.10,00,000/-.  The debit card is valid up to April, 2021.  The account number is 07421050009757.  On 23-04-2011 the card holder died in road accident near Ulindakonda Village, Kurnool District.  The police have registered a case in F.I.R. No.32/2011.  The complainant being the nominee and as legal heirs submitted their claim to opposite party.  Opposite party neither settled the claim nor repudiated the claim.  The delay in settling the claim without any reasonable cause amounts to deficiency of service.  Hence the complaint.

3.     Opposite party filed counter stating that the complaint is not maintainable and stated that the deceased N.Lokeswara Reddy opened A/c No.07421050009757 with opposite party on 18-08-2010.  Originally he took ATM Card No.5264190145202528 and he used the said card, but there is no insurance coverage to the said card.  Later the deceased took the present ATM platinum debit card No.4363030101567676 and the said card activated on 12-04-2011.  As per the terms and conditions under insurance the card holder should use the debit card within three months prior to the event date.  The deceased died in an accident on 23-01-2011 and the said card was for first time used on 07-05-2011, after the death of the card holder.  It does not cover under the insurance policy.  The complainant neither submitted any claim form to the opposite party nor the opposite party repudiated the claim.  The opposite party came to the notice only through the complaint.  Hence there is no deficiency of service on the part of opposite party.  The complaint is liable to be dismissed.

4.     On behalf of the complainants Ex.A1 to A5 are marked sworn affidavits of complainants are filed.  On behalf of the opposite party Ex.B1 to B3 are marked and sworn affidavit of opposite party is filed. 

5.     Both sides filed written arguments.

6.     Now the points that arise for consideration are:

1. Whether there is deficiency of service on the part of opposite party?

1. Whether the complainant is entitled for the reliefs as prayed for?

1. To what relief?

7.      POINTS i and ii:- It is the case of the complainants that the son of the complainants deceased N.Lokeswara Reddy took one ATM HDFC platinum debit card from opposite party on 18-08-2010 covering the personal accidental Insurance for a sum of Rs.10,00,000/-.  On           23-04-2011 the card holder died in road accident near Ulindakonda Village, Kurnool District.  Ex.A1 is the photo copy of international debit card No.4363030101557676 issued by opposite party along with insurance coverage.  The opposite party accepted and issued intimation letter marked as Ex.A2.   The photo copy of F.I.R., inquest report and Post Mortem report are marked as Ex.A3 to Ex.A5.  It is further case of complainants that after the death of deceased they being the nominees and legal heirs of the deceased submitted their claim to opposite party, that opposite party neither settled nor repudiated the claim of the complainants.  It is the case of the opposite party that on 18-08-2010, the deceased opened an account with opposite party bank and took ATM Card No.5264190145202528 and used the said card, but there is no insurance coverage to the said card.  Later the deceased took the present ATM platinum debit card No.4363030101557676 and the said card activated on 12-04-2011.  As per the terms and conditions under the personal accidental insurance coverage, the card holder should have used the debit card within three months prior to the event date.  The death was occurred on 23-04-2011.  But the card was used first time on 07-05-2011 after the death of the deceased and it does not cover under the insurance.  The opposite party filed photo copy of account extract of the deceased marked as Ex.B1.  Ex.B2 is the photo copy of debit card status bearing No.4363030101557676 and Ex.B3 is the terms and conditions of the insurance policy.

8.     As seen from Ex.B1 to Ex.B3 it is very clear that the deceased took the ATM HDFC platinum debit card No.4363030101557676 and the said card activated on 12-04-2011 and it was used first time on 07-05-2011, after the death of the card holder.  As per the terms and conditions under the personal Accidental Insurance Policy, the card holder should have used the debit card within three months prior to the event date, so as to cover the insurance.  The learned counsel appearing for the complainant contended that the opposite party did not furnish the terms and conditions to the deceased   and the deceased had no knowledge of terms of policy.  The learned counsel for the complainant relied on a decision reported in III (2011) CPJ 477 (NC)  where in it was held that bank is under obligation to bring notice of its customers, nature and conditions of relevant insurance scheme – customer cannot be held liable for non observance.   In the present case in Ex.A2 it is clearly mentioned that for detail terms and conditions refer to the usage guide enclosed.  It is clear that opposite party enclosed the usage guide along with Ex.A2.  In this case the complainants are not the policy holders.  The complainants had no idea whether the policy holder had knowledge about the terms and conditions or not.  The card holder did not use the debit card within three months prior to his death.  Therefore the complainants are not entitled to any amount and the decision cited about is not applicable to the facts of this case.  It is the case of the opposite party that the complainants neither submitted any claim form nor the opposite party repudiated the claim of the complainant.  It is the complainants to establish that they made a claim to opposite party and it was not settled by the opposite party.  In the absence of any satisfactory evidence on record, we hold that the complainants not submitted claim form to the opposite party.  No deficiency of service is found on the part of opposite party. The complainants are not entitled for any relief.

9.     In the result, the complaint is dismissed without costs.

        Dictated to the stenographer, transcribed by her, corrected and pronounced by us in the open bench on this the 6^th day of March, 2012.

 Sd/-                                              Sd/-                                         Sd/-

MALE MEMBER                      PRESIDENT                 LADY MEMBER

                                 APPENDIX OF EVIDENCE

                                    Witnesses Examined

For the complainants: Nil                For the opposite party : Nill

List of exhibits marked for the complainants:-

Ex.A1                Photo copy of International Debit Card issued by

                opposite party.

Ex.A2                Letter of Acceptance and intimation letter issued by

opposite party.

Ex.A3                Photo copy of F.I.R. in Crime No.32/2011 of

                Ulindaknoda Police Station, Kurnool District                          dated 23-04-2011.

Ex.A4                Photo copy of Inquest Report dated 23-04-2011.

Ex.A5                Photo copy of Post Mortem Report dated 23-04-2011.

List of exhibits marked for the opposite party:-

Ex.B1                Statement of Mr.N.Lokeswara Reddy

Account No.07421050009757.

Ex.B2        Photo copy of Debit Card Status

                No.4363030101557676.

Ex.B3        Photo copy of Insurance Covers details and claims

 procedure.

  Sd/-                                  Sd/-                                   Sd/-

MALE MEMBER                 PRESIDENT                   LADY MEMBER

    // Certified free copy communicated under Rule 4 (10) of the

A.P.S.C.D.R.C. Rules, 1987//           

Copy to:-

Complainant and Opposite parties  :

Copy was made ready on             :

Copy was dispatched on               :