NCDRC

NCDRC

RP/1810/2009

MANAGING DIRECTOR, ROAD SAFETY CLUB PVT. LTD. - Complainant(s)

Versus

JEEVAN KUMAR SHETTY - Opp.Party(s)

M/S. S.K. JHA ASSOCIATES

06 Aug 2009

ORDER

Date of Filing: 20 May 2009

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIREVISION PETITION NO. No. RP/1810/2009
(Against the Order dated 24/03/2009 in Appeal No. 27,72/2009 of the State Commission Karnataka)
1. MANAGING DIRECTOR, ROAD SAFETY CLUB PVT. LTD.Road,Safety Club Pvt. Ltd. No.2A, Prakasham Road, T.Nagar . Chennai -60071 ...........Appellant(s)

Vs.
1. JEEVAN KUMAR SHETTYS/o. Ganapaiah Shetty R/o. H-3/187, kattemane Mandarthi , Heggunje Village, Taluka And Distt, UdupiKarnataka ...........Respondent(s)

BEFORE:
HON'BLE MR. JUSTICE ASHOK BHAN ,PRESIDENTHON'BLE MR. B.K. TAIMNI ,MEMBER
For the Appellant :: Mr. S. K. Jha, Advocate for M/S. S.K. JHA ASSOCIATES, Advocate
For the Respondent :NEMO

Dated : 06 Aug 2009
ORDER

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          Opposite party has filed the present Revision Petition.

          Briefly stated that facts are that the respondent/complainant took the Personal Accident Policy from the petitioner insurance company.  Point involved in this Revision Petition is as to whether the petitioner club had extended benefits under the Silver/Silver Classic Card.  District Forum, after taking into consideration the contents of the application form and the endorsement made by the insurance company, came to the conclusion that the respondent was entitled to the benefits under the Silver Classic Card.  For coming to this conclusion, the District Forum recorded the following finding :

“On perusal of Ex.C-1 Membership Certificate bearing No.31991, date of enrolment 26.11.2002, wherein the Membership Scheme is mentioned as “SILVER CARD” in respect of the vehicle bearing No.KA20K9101.  The Opposite party has produced the membership application form in the name of the complainant H.Jeevan Kumar Shetty.  The different types of scheme were mentioned and different amount of premiums are mentioned against each scheme.  In the membership application form there is tick mark against silver for Rs.4,500/- and in last column there is a tick mark against the cash payment.  According to the Opposite party the complainant has paid Rs.4,500/- premium towards the silver card and he has applied for the silver card only and the amount has been received towards silver card but the contention of the complainant is that in the box provided for Classic Cards only the name and address of the nominee is mentioned as Poornima Shetty.  In the left side of the Form contents of the assignment is as under :

I                                      do hereby assign the moneys payable by the insurance company on the complimentary personal accident insurance cover given by Road Safety Club, in the event of my death to Poornima (Relationship) to the insured and I further declare that in the event of the death of the assigned name herein all benefits shall become payable to the children named in the proposal and I further declare that his/her/their receipt shall be sufficient discharge to the company.

 

That assignment is made with the purpose of money is payable by the Insurance Company on the complementary personal accident Insurance cover given by Road Safety Club In the event of death of the right side of the assignment a box is given to particulars of the name and address of the nominee.  It is not correct to argue that the membership application is itself is for classic card only.  The Complainant argued that he has applied for classic card but the Opposite Party No.1 has issued the silver card ad that Itself is deficiency in service but on perusal of the form, against the Classic card box there is no tick mark in the form and the amount of Rs.400/- is not paid.  In our opinion the application itself is not properly filled since the particulars In Classic Cards Only is filled.  Secondly nobody will accept less benefits by paying higher premium which is evident in this case.  The Silver card premium is Rs.4,500/- and Classic Card premium is Rs.4,ooo/-.  In Classic Card all the benefits Includes personal accident benefits.  Accordingly we conclude that there is deficiency in abtention of Form by Opposite Party No.1 which they ought to have rectified before issuance of the membership card.  Both parties have not placed materials to decide in the issue of complimentary policy.  We concide that the Opposite Parties are deficient in issuing silver Card.  Hence point No.1 is answered in affirmative.”   

 

          Aggrieved against this, petitioner filed an appeal before the State Commission, which has been dismissed with the modification that the amount of compensation has been reduced from Rs.25,000/- to Rs.10,000/-.

          We have perused the Membership Application Form and after perusing the same, we agree with the view taken by the District Forum, which has been affirmed, with the aforesaid modification, by the State Commission.  Dismissed.

 



......................JASHOK BHANPRESIDENT
......................B.K. TAIMNIMEMBER