(Per Shri P.N.Kashalkar, Hon’ble Presiding Judicial Member)
(1) This is an appeal filed by the original opponent against the judgement and award passed by the District Forum, Thane in Consumer Complaint No.567/07 decided on 03/04/2010. By allowing the complaint partly, the forum below directed the opponent to pay `6,00,000/- towards insurance claim along with interest @9% p.a. and directed to pay `10,000/- towards mental harassment and `5,000/- towards legal expenses. Aggrieved by this order, the original opponent, SBI Life Insurance Co.Ltd. filed this appeal taking strong exception to the order.
(2) Facts to the extent material may be stated as under:
Complainant’s husband ashok Sagarmal Sharma had taken credit card bearing No.4317 5751 4282 from the opponent. The said card holder was also provided with life insurance cover by SBI Insurance Co.Ltd. Said Ashok Sagarmal Sharma was also given personal accident insurance cover to the extent of `6 lacs in case of death and benefit on account of total and permanent disability due to accident. According to the appellant, the complainant’s husband met with an accident on 28/03/2007 while going from Mumbai-Thane Express Highway on Motor Bike bearing No. MH 04 B 3927. He was seriously injured in the said accident and was admitted in Rajawadi Hospital and subsequently transferred him to Sion Hospital where he died on 03/04/2007. Police lodged a complaint u/s.174 of Cr.P.C and recorded inquest panchnama. Thereafter, the complainant being widow lodged insurance claim with the opponent SBI Life Insurance Co.Ltd. The opponent SBI Life Insurance Co.Ltd. was pleased to repudiate the claim on the ground that the deceased life assured had made default in making payment of three consecutive bills before accident. Hence, they expressed regret for honouring the insurance claim. No satisfied with the repudiation, the complainant filed consumer complaint. It was pointed out by the SBI Life Insurance Co.Ltd. the complainant’s husband had committed default in making payment of three consecutive bills long before the accident and therefore on the date of death nothing was payable to the card holder. However, the forum below on considering the affidavit and documents held that the claim was payable and therefore allowed the complaint in favour of the complainant/respondent. As such, the original opponent SBI Life Insurance Co.Ltd. filed this appeal.
(3) We heard Adv.Nikhil Mehta for the appellant and Adv.S.D.Tigde for the respondent.
(4) Main contention raised by Adv.Nikhil Mehta for the appellant is that SBI Cards and Payments Services Ltd. is the necessary and proper party and in absence of it, the consumer complaint should not have been decided by the forum below. Adv.Mehta also brought to our notice that there is no direct privity of contract between the complainant and SBI Life Insurance Co.Ltd. There is privity of contract between the complainant and SBI Cards and Payments Services Ltd. The forum below should not have allowed the consumer complaint and should not have passed the impugned order in the absence of SBI Cards & Payments Services Ltd.
(5) We are finding substance in the arguments of Adv.Nikhil Mehta for the appellant. Sister concern company of the appellant SBI Life Insurance Co.Ltd. namely, SBI Cards and Payments Services Ltd. is the necessary party in the instance complaint. Consumer complaint was decided without the SBI Cards and Payments Services Ltd. Thus, this is a fit case to remand back to the District Forum by setting aside the impugned order. We are, therefore, inclined to remand back the complaint to the District Forum permitting the complainant to impleaded SBI Cards and Payments Services Ltd. as opposite party in the complaint. As such, we pass the following order.
ORDER
(1) Appeal is allowed.
(2) The order dated 03/04/2010 passed by District Forum, Thane in Consumer Complaint No.567/2007 is quashed and set aside.
(3) The matter is remitted back to the District Forum, Thane permitted the respondent to file amendment application to implead SBI Cards and Payments Services Ltd. as a party. The District Forum, Thane shall decide the complaint afresh giving opportunity to the parties to lead its evidence.
(4) Both the parties are directed to appear before the District Forum, Thane on 17/12/2012.
(5) Amount deposited, if any, by the appellant with accrued interest be given to the appellant.
Pronounced on 03rd October, 2012.
