Haryana

StateCommission

A/238/2015

LEKH RAM AND ANOTHER - Complainant(s)

Versus

HDFC BANK LTD. - Opp.Party(s)

S.K.YADAV

16 Feb 2016

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

First Appeal No  :        238 of 2015

Date of Institution:        12.03.2015

Date of Decision :         16.02.2016

 

1. Lakh Ram s/o Sh. Mala Ram,
2. Sunita w/o Sh. Lekh Ram

Caste Harijan, Residents of Village Chhilro-Ki-Dhani, Tehsil Narnaul, District Mahendergarh, Haryana.

                                      Appellants/Complainants.

Versus

 

1.      H.D.F.C. Bank, Court Road, through Branch Manager, Narnaul.

2.      H.D.F.C. Bank Private Limited, through Manager/M.D., H.D.F.C. Bank, Saaki Vihar Road, Saki Naka, Andheri (East) Mumbai-400072.

                                      Respondents/Opposite Parties

 

CORAM:             Hon’ble Mr. Justice Nawab Singh, President.

                             Mr. B.M. Bedi, Judicial Member.

                                                                                                         

Present:               Shri S.K. Yadav, Advocate for appellants.

                             Shri Sunil Narang, Advocate for respondents.  

                               

                                                   O R D E R

 

B.M. BEDI, JUDICIAL MEMBER

 

          This appeal of complainants is directed against the order dated February 9^th, 2015, passed by District Consumer Disputes Redressal Forum, Narnaul (for short District Forum), whereby complaint filed by them was dismissed.

2.      The complainants/appellants, filed complaint before the District Forum alleging that their son Rajesh Kumar, was maintaining account No.06231000016322 with H.D.F.C. Bank-Opposite Party No.1.  He was alleged to have been issued a Gold Debit Card Annexure C-2. Rs.500/- were charged as annual fee for Gold Debit Card. There was accidental life cover to the extent of Rs.5.00 lacs on the said Gold Debit Card.  

3.      Rajesh Kumar died on 28.01.2009 in an accident. F.I.R.  No.14 dated 29.01.2009, under Section 279,304-A I.P.C. was lodged in Police Station, Nangal Chaudhary. Post Mortem Examination (Annexure C-18) was conducted. The complainants filed claim with the opposite parties but the same was repudiated vide letter dated 03.10.2012 (Annexure C-10).

4.      The Opposite Parties contested complainant raising plea that the Insurance Cover was only available in the event of at least one purchase by use of Gold Debit Card within six months prior to the occurrence and the account holder having not used the Gold Debit Card at any point of sale within six months of the occurrence, therefore, the benefit of Life Cover was not available to the Card Holder.

5.      We have seen the terms and conditions of the policy, the relevant part of which is as under:-

“For Claims under Personal Accident Insurance/Fire & Burglary Insurance/Loss of checked Baggage Insurance to be accepted & processed, the cardholder should have carried out at least 1 purchase transaction using the Debit Card, within 6 months prior to the event date.”

6.      Statement of account of the deceased/account holder shows that there has not been any transaction of purchase by use of Gold Debit Card, which was one of the pre-condition for extending the life cover to the card holder. What to talk of transaction within six months, there is no transaction at all right from the date of issuance of Gold Debit Card i.e. from 25.11.2007 till his death, by making any purchase by use of the Gold Debit Card.  In this view of the matter, the insurance benefits were not available to the card holder. The District Forum has rightly dismissed complainants’ claim.

7.      For the reasons recorded above, the appeal is dismissed being devoid of merits.

 

 

Announced: 16.02.2016

(B.M. Bedi) Judicial Member

(Nawab Singh) President

 

CL