BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AMBALA
Complaint case no. : 164 of 2016
Date of Institution : 25.03.2016
Date of decision : 16.02.2018
Mrs. Prem Lata widow of Sh. Bikram Singh son of Sh. Mamraj Singh, Resident of Village Thamber District Ambala.
……. Complainant.
Vs.
1. HDFC Bank, Branch Barara Railway Road District Ambala through its Branch Manager.
2. HDFC Bank Ltd. Registered Office at HDFC Bank House, Senapti Bapat Marg, Lower Parel (West) Mumbai through its Managing Director.
3. HDFC ERGO, Registered office at Unit No.201(Main office) VTM Building No.2, 2nd Floor, Opposite Orkay Mills, Sakinaka, Andheri East Mumbai through its Managing Director.
….….Opposite Parties.
Before: Sh. D.N. Arora, President.
Sh. Pushpender Kumar, Member.
Ms. Anamika Gupta, Member.
Present: Sh.Sanjeev Gawri, counsel for the complainant.
Sh. Ashok Goel, counsel for OPs.
ORDER:
The complainant has filed this complaint against OP with the averments that the complainant along with her husband named Bikram Singh (Now Deceased) are maintaining a Joint Bank Account no.21741530001965, with the branch of Opposite Party No.1 and her deceased husband was issued a platinum card no.43630302042103581 by OP No.1. Since such account was opened while taking consideration from complainant. Sh. Bikram Singh was employed as Branch Manager at Land & Mortgage Bank at Naraingarh Branch & on 27.03.2014 while he was going from his place to work i.e. Naraingarh via Dhanora to Do-Sadka-Thamber for official work at about 01.00 P.M. in his car, he was hit by unknown four wheeler near Dhanora Bus stand & due to such his car got imbalanced and struck with the standing Safeda Tree. As a result of this accident , he suffered heavy injuries on his body and person and as a result of such road side accident, he met with this unfortunately and untimely death on at about 00.30 a.m. of 28.03.2014. The complainant was told by the OP No.1 while opening the account that the OP No.1 has taken an accidental cum Death policy from its sister concern HDFC ERGO i.e. OP No.3, in respect of Platinum Card Holders and the nominee/legal heir of such card is entitled for sum assured of Rs. 10,00,000/- in case of accidental death of account holder. The complainant submitted all relevant record i.e.Pass Book, Death Certificate, Copy of FIR, Copy of Post Martum report with the legal notice dated 07.07.2014 through her counsel to OP No.1 and asked him to submit the relevant claim papers to complainant at her residential address for claiming sum assured of Rs. Ten Lac within 15 days of receipt of the legal notice but the OPs neither submitted claim form nor replied the legal notice. As a result of this irresponsible behavior, the complainant has been deprived of her legitimate claim payable by the OPs till date. Hence, the present complaint.
2. On notice OPs appeared and filed its reply stating therein that the benefits/facilities available to customer are mentioned in usage guide and for non-compliance of said terms & conditions, customer was/is not entitled to claim mentioned benefits, from OPs. The deceased/Card holder hopelessly failed to make purchases/spend through HDFC Bank Platinum Debit Card at point of sale, according to his statement of A/c Annexure R-2, mandatory condition to avail said facilities, as per terms & conditions of platinum card. So is not entitled to any mentioned privilege/claim. Hence, the present complaint being misuse of due process of law is liable to be dismissed.
3. To prove his version complainant tendered his affidavit as Annexure C-X with documents as annexure C-1 to C-11 and close his evidence. On the other hand, counsel for the OPs tendered affidavit as Annexure R-x with documents as annexure R-1 to R-2 and closed their evidence.
4. Arguments advanced by learned counsel for both the parties have been heard and the case file has been perused.
5. It is admitted fact that the deceased Bikram Singh was a customer of OP-bank since 2012 as per statement of account Annexure R-2. It is also not disputed that the bank had issued platinum debit card bearing No.4363 0302 0421 03581. The counsel for the OP has also placed on record usage guide of the platinum debit card as Annexure R-1. The relevant terms & conditions are as under:
“Accelerated Personal Accident Death Cover up to Rs.10 Lacs. As an HDFC Bank EasyShop Platinum Debit Cardholder, you get more insurance with every swipe. You are entitled to a Base Personal Accident Death cover by Air/Road/Rail-Sum assured Rs.5 lac. Additionally, you are also eligible for an Accelerated personal Accidental Death Cover upto a maximum of Rs. 5 lac. Under the Accelerated benefit, for every Rs.1 spent on purchases through the Platinum Debit Card in the last 12 months, from the date of event, your sum insured increases by Five Times the amount spent. The Accelerated benefit is subject to minimum spends of Rs.20,000/- in the last 12 months at merchant locations.
Please note that for any claims under the Personal Accident Insurance to be accepted and processed, the cardholder should have carried out at least 1 purchase transaction using the Debit Card within 3 months prior to the event date.”
6. In the present the OP-bank had charged Rs.421 & Rs. 561/- on 03.09.2012 & 15.03.2013 respectively on account of annual fee of the above said card which is reflected from the statement of account of the deceased as per Annexure R-2. It is also proved on the case file that as per the post martum report Annexure C-3 as well as Annexure C-5 & Annexure C-6 Death Certificate, the card holder Bikram Singh had died on 28.03.2014 in a road side accident took place on 27.03.2014 and FIR under Sections 279/304-A IPC Annexure C2 was also registered which shows that the account in question of the deceased was not operative since 27.03.2014. The documents such as PMR, copy of FIR and death certificate and affidavit of complainant which proved that Bikram Singh had died on 28.03.2014 due to road side accident took place on 27.03.2014. This fact has remained un-rebutted as the OPs have failed to produce any cogent and reliable evidence on the case file to counter these documents.
7. Learned counsel for the complainant has argued that the OP has wrongly withhold the genuine claim of the complainant on the ground that the card holder/deceased had violated the terms and conditions by not using the debit card from the date of issue of the debit card till the date. Whenever it is proved on the file that the complainant had paid the Debit card insurance in the year 2012-13 and 2013-2014 as per the statement account.
. On the other hand learned counsel for the OP has argued that the as per terms and conditions of the user guide it is clear that the for insurance to be accepted and processed if card holder has carried out atleast one purchased transaction using the debit card within three months prior to the even date. It was mandatory for the card holder to use the said platinum card atleast once within a period of three months prior to event date but there is nothing on the file to show that the card holder/deceased had ever carried out any purchase transaction by using the said debit card for once within a period of three months prior to accident even from the date of the issue of the debit card till the death.
8. We have fully convinced with the arguments advanced by learned counsel for the OP as there is nothing on the file to show that the card holder had ever made atleast one purchase transaction by using the debit card in question, therefore, it can be easily presumed that the card holder was not covered under the insurance scheme offered by the OP-bank. The case law relied upon by learned counsel for the complainant titled as M/s B.HS Industries Vs. Export Credit Guarantee Corp. & Anr. (supra) is not helpful to the case of the complainant and is being distinguished.
9. Keeping in view the facts and circumstances of the case we are of the considered opinion that the complainants are not entitled for any relief as prayed for. Accordingly, we dismiss the present complaint leaving the parties to bear their own costs. Copy of this order be supplied to the parties free of costs. File be consigned to record room after due compliance.
Announced on :16.02.2018
(PUSHPENDER KUMAR) (ANAMIKA GUPTA) (D.N. ARORA)
Member Member President
