Delhi

New Delhi

CC/118/2007

Mamta Rani Chndel - Complainant(s)

Versus

M/S. SBI CPSL Ltd. - Opp.Party(s)

27 May 2016

ORDER

 

 

CONSUMER DISPUTES REDRESSAL FORUM-VI

(DISTT. NEW DELHI),

 ‘M’ BLOCK, 1^STFLOOR, VIKAS BHAWAN, I.P.ESTATE,

 NEW DELHI-110001

 

Case No.C.C./118/2007                         Dated:

In the matter of:

MRS. MAMATA RAI CHANDEL

W/o Late Sh. R.S. Chandel,

R/o A2/134, Sector-17,

Rohini, Delhi-85.

 

……..COMPLAINANT

 

VERSUS

1.     SBI Cards & Payment Services Pvt. Ltd.,

        P.O. Bag No. 28, G.P.O.,

        New Delhi.

 

2.     The Chief Manager,

        State Bank of India,

        Local Head Office,

        11, Parliament Street,

        New Delhi.

 

3.     The Divisional Manager,

        United India Insurance Company Ltd.,

        Divisional Office No. IX,

        604, Kailash Building,

        26, K.G. Marg,

        New Delhi.

               .... OPPOSITE PARTIES

 

 

PRESIDENT: S.K. SARVARIA

ORDER

The facts disclosed in the present complaint filed under Section 12 of The Consumer Protection Act, 1986 (in short Act) are that the complainant is the wife of deceased Shri R.S. Chandel who died in an accident on 2/10/2002. The deceased was credit card holder from OP I bank, the said card bearing number "4317-5750-0509-8362-441". The Insurance Master Policy, No. 040900/46/01/267/01 was issued by OP 3. The complainant is nominee of her deceased husband as well as his legal heir after the death of her husband. The complainant knocked the door of the opposite parties but in vain. The legal notice issued by her met the same fate. Hence, the present complaint.

The notice of the complaint was issued to opposite parties, but only OP 1 and OP 3 have contested the present complaint by filing separate reply. OP 1 has admitted that husband of the complainant deceased Shri R.S. Chandel was credit card holder. OP 1 has taken the shelter of Clause 5.1 of the terms and conditions framed by OP bank and OP 3 insurance company with mutual consent which indicate that insurance company will be liable to pay in respect of insurance in question of husband of the complainant being credit card holder. OP 1 has prayed for dismissal of the complaint.

        OP 3 insurance company in the reply has admitted that deceased Mr RS Chandel was insurance policy holder by virtue of being credit card holder of OP 1. OP 3 has admitted that the complainant has lodged the claim No 46/285/2002, but has alleged that the insurance claim was repudiated by letter dated 11/3/2004 as NOC was declined by OP 1 on the ground that the deceased Mr. R.S. Chandel was defaulter in respect of the credit card in question on the date of his death., I.e. 23/10/2002.. The question of limitation is also raised by OP 3, and according to it the complaint is barred by time. The OP 3 has prayed for dismissal of the complainant will cost.

In the separate rejoinders to the separate reply of OP 1 and OP 3 the complainant has denied the averments made in the concerned reply and has reaffirmed the facts stated in the complaint. In support of her case, the complaint has filed her affidavit in evidence. On behalf of OP 1, the affidavit in evidence of Mr Sheel Ratna Sinha, Manager (Legal) an attorney holder of OP 1 is filed. On behalf of OP 3, the affidavit in evidence of Mr J.P. Dhanda is filed. The complainant, OP 1 and OP 3 have filed their separate written arguments.

We have heard the authorised representative and brother of the complainant and have gone through the written arguments filed on behalf of complainant, OP 1 and OP 3, record of the case and relevant provisions of the law. None appeared on behalf of OP 1 and OP 3 for addressing oral arguments on 23/5/2016.

The basic facts regarding deceased husband of the complainant being credit card holder with OP 1 bank, and was entitled to the insurance policy issued by OP 3 as per agreement between OP 1 bank and OP 3 insurance company being credit card holder of OP 1 bank are not in dispute. The certificate of insurance proved by the complainant Exhibit CW 1/2 is issued by OP 3 is also not in dispute and is proved by the complainant as Exhibit CW 1/6 showing that on 11/3/2014, the insurance claim lodged by the complainant was repudiated by OP 3 insurance company on the ground that late Shri R.S. Chandel was defaulter delinquent on the date of his death in respect of the credit card in question. But OP bank has issued a no dues certificate in respect of the said credit card in question which is proved by the complainant as Exhibit CW 1/4. This no dues certificate was issued prior to the insurance claim of the complaint was repudiated by OP 3.

The complainant herself has proved the repudiation letter Exhibit CW 1/6 issued by the OP 3 insurance company in her affidavit in evidence showing that Shri received this repudiation letter from OP 3. Therefore cause of action for filing the present case arose to the complainant in or about March 2014 at the date of this repudiation letter Exhibit CW 1/6. The present complaint is filed by the complainant on 19/2/2007, i.e., beyond prescribed period of limitation of two years as per Section 24 A of the Act. There is no application filed by complainant along with the complainant for condonation of delay in filing the complaint. Therefore, the present complaint is clearly barred by time, as alleged by OP 3 insurance company. The ground of limitation is available to all the Opposite Parties. To the OP, 1, the additional ground available is clause 5 .1 of the terms and condition agreed between OP 1 and OP 3. According to which it is only OP 3 insurance company and not the OP 1, which was liable for the insurance claim.  As the complaint being barred by time, there is no need to go into the other written arguments raised from both sides.

In view of the above discussion, the complaint is dismissed. Keeping in view overall facts and circumstances of the case, the parties are left to bear their own cost of litigation. This order be sent to server (www.confonet.nic.in). A copy of this order each be sent to parties, free of cost by registered post.

The file be consigned to the record room.

Pronounced in open Forum on 27/05/2016.

 

 

 

 

(S K SARVARIA)

PRESIDENT

 

                                                 (NIPUR CHANDNA)                                 (H M VYAS)

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