In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, Kolkata-700087.
CDF/Unit-I/Case No.287 / 2008.
1) Smt. Chandrima Mukhopadhayay,
58, R.K.M. Lane, Chapdani, P.O. Baidyabati,
P.S. Bhadreswar, Dist. Hooghly. ---------- Complainant
---Versus---
1) SBI Cards and Payment Services Pvt. Ltd.,
FMC Fortuna Building, 238/3, A.J.C. Bose Road,
P.S. Bhowanipore, Kolkata-20.
2) SBI Cards and Payment Services Pvt. Ltd.,
P.O. Bag No.28, G.P.O. New Delhi-110001.
3) State Bank of India,
D.P. D.B. Deptt. Sambridhhi Bhawan,
1, Strand Road, Kolkata-1.
4) United India Insurance Co. Ltd.
Himalaya House, 38B, Chowringhee Road,
P.S. Park Street, Kolkata-71.
5) United India Insurance Co. Ltd.
Divisional Office: Kailas Bhawan, 7th Floor,
26, Kasturba Gandhi Marg, New Delhi-110001. -------------- Opposite Parties
Present : Sri Sankar Nath Das, President.
Dr. Subir Kumar Chaudhuri, Member
Smt. Sharmi Basu, Member
Order No. 36 Dated 27/11/2012.
SHARMI BASU, MEMBER.
In a nutshell the case of the complainant in short is that deceased husband of complaint had a credit card of o.p. nos.1, 2 and 3 which was covered with the Life Insurance Policy of o.p.no.4.
After sad demise of the husband of the complainant, complainant contacted with the o.p. no.1 for settlement of the claim of the aforesaid insurance policy and she came to know Rs.15,000/- was payable by the deceased husband of the complainant and unless it would be paid by the complainant to the o.p. no.1 settlement of the claim cannot be arrived at. Ultimately on 2.2.07 complainant paid amount of Rs.15,000/- through cheque to the United Bank of India Srerampore Branch. On 16.1.07 she submitted the claim form in relation to the Life Insurance to the o.p. nos4 and 5 and she received on 26.3.07 the copy of the NOC from o.p. no.1 and she was informed the another copy of NOC was sent to the o.p. nos.4 and 5 by o.p. no.1, but surprisingly she was informed on 29.8.07 from o.p. no.5 that as her deceased husband did not use the credit card for the last three months before his demise, the complainant / nominee could not get the claim in question. Hence the case and the complainant has prayed for relief.
All o.ps. had entered their appearance in this case by filing w/v and denied all the material allegations labeled against them prayed for dismissal of the case. ld. lawyer of o.ps. in the course of argument submitted that the case has got no merit and the same is liable to be dismissed.
Decision with reasons:-
We have gone through the pleadings of the parties, evidence and documents in particular. The plea taken by o.ps. is not tenable and acceptable to this Forum since the deceased husband of the complainant was sick owing to accident and that was the reason as to why he could not use the credit card. It is the bounden duty of the o.ps. to pay the insured sum to the complainant / nominee. Mere provisions of clause cannot help o.ps. in evading payment of insured amount. Moreover, it is settle principle of law that a service provide must make terms and conditions made known conveniently to the consumer before providing the service and here the same is absent and mere denial is no denial. Therefore, in view of the above findings we hold that all the o.ps. had committed deficiencies being service provider to their consumer / complainant and for this inaction of the o.ps. the complainant has to suffer immense financial and mental harassment and mental agony and she is eligible to get relief as prayed for.
Hence, ordered,
The case of the complainant is allowed on contest with cost of Rs.10,000/- (Rupees ten thousand) only against all the o.ps. All the o.ps. are jointly and/or severally directed to pay the insurance claim amount of Rs.2,00,000/- (Rupees two lakhs) only and are further directed to pay compensation of Rs.80,000/- (Rupees eighty thousand) only to the complainant for harassment and mental agony and litigation cost of Rs.10,000/- (Rupees ten thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 9% shall accrue over the entire sum due to the credit of the complainant till full realization.
Supply certified copy of this order to the parties free of cost.
