Complaint is filed on 09-01-2009
Compliant disposed on 24-10-2009
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM::AT:: K A R I M N A G A R
PRESENT: HON’BLE S.M. RAFI, B.Sc., B.L.,CHAIRMAN, L.R.A.T.-cum-III ADDL.DIST & SESSIONS JUDGE &
PRESIDENT (F.A.C.)
AND
SMT. E. LAXMI, M.A.LL.B., MEMBER
SATURDay, THE TWENTYFORTH DAY OF OCTOBER,TWO THOUSAND NINE
CONSUMER COMPLAINT NO. 05 OF 2009
Between:
Rachamalla Padma, W/o. Late Srinivas, Age 34 years, Occ: Household, R/o. H.No. 3-4-255, Sawaran Street, Karimnagar proper and district.
…Complainant
AND
- HDFC Bank Karimnagar branch, Near Court, Karimnagar R/by it’s Manager.
- H.D.F.C. Ergo General Insurance Company, Office at Leela Business Park, Andheri Kurla Road, Andheri East, Mumbai – 400 059. (Impleaded as per orders in I.A.No.45 of 2009, dated 13-05-2009).
…Opposite Parties
This complaint is coming up before us for final hearing on 21-10-2009, in the presence of Sri B.Srinivas and Smt. B. Geetharani, Advocates for complainant, and opposite party no.1 and 2 remained exparte, and on perusing the material papers on record, and having stood over for consideration till this day, the Forum passed the following:
::ORDER::
1. This complaint is filed under Section 12 of C.P. Act 1986, seeking direction to the opposite parties to pay an amount of Rs.5,00,000/- towards sum assured under accidental benefit coverage together with interest, damages and costs.
2. The brief averments of the complaint are that the husband of the complainant R.Srinivas was an Account Holder with opposite party no.1 Bank vide A/c. No. 05181070035924 and he was also having “easy shop gold debit card” facility. The opposite party no.1 has provided Insurance Coverage to the Account Holders and as per the scheme the nominee of the Account Holder will be paid Rs.5,00,000/- in the event of accidental death of the Account Holder. The husband of the complainant died in a Road Traffic Accident on 9.6.2008 at about at 2.00 AM near Malkapur on Sangareddy to Narsapur Road. The complainant is the nominee under the said Account. After death of her husband she submitted claim to the opposite party no.1 by enclosing all the documents for payment of assured sum of Rs.5,00,000/- but the opposite party no.1 failed to pay. The complainant got issued a Legal Notice on 31.7.2008 to pay the assured sum and on receipt of the same the opposite party no.1asked her to submit some more documents for which the complainant submitted all the documents with English Translation copies. Inspite of it the opposite party no.1 failed to pay the assured sum of Rs.5,00,000/-. It is submitted that as per the terms and conditions of the account the opposite parties are liable to pay the sum assured and failure to pay constitutes deficiency of service. Hence complainant sought direction for payment of the amount with interest, damages and costs.
3. The opposite party no.2 is impleaded on a petition filed by the complainant.
4. The opposite party no.1 and opposite party no.2 remained Ex-parte. However, the opposite party no.1 filed Proof Affidavit of it’s Branch Manager.
5. The complainant filed her Proof Affidavit reiterating the averments made in the complaint and filed documents which are marked as Ex.A1 to A13. Ex.A1 is the copy of F.I.R. Dt: 9.6.2008 along with true translation from Telugu to English. Ex.A2 is the copy of P.M.E. report Dt: 9.6.2008. Ex.A3 is the copy of Inquest Report Dt: 9.6.2008 along with true translation from Telugu to English. Ex.A4 is the copy of Death Certificate Dt: 5.7.2008 along with true translation from Telugu to English. Ex.A5 is the Office copy of Legal Notice got issued by complainant Dt: 31.7.2009. Ex.A6 is the Reply sent by opposite party Dt: 16.8.2008. Ex.A7 is the Letter of advocate for complainant Dt: 30.8.2008. Ex.A8 is the letter/slip issued by opposite party Dt: … Ex.A9 is the Office copy of letter sent by advocate for complainant Dt: 13.10.2008. Ex.A10 is the office copy of Legal Notice Dt: 24.12.2008. Ex.A11 is the served receipt (acknowledgement) Dt: 25.12.2008 of Professional Courier. Ex.A12 is the Statement of Account of the deceased. Ex.A13 is the copy of Debit Card.
6. The opposite party no.1 filed Proof Affidavit and filed original Gold Debit Card Usage Guide which is marked as Ex.B1.
7. The point for consideration is whether there is any deficiency of service on the part of opposite parties, if so, to what relief the complainant is entitled?
8. It is contended by the complainant that the opposite parties failed to pay the assured sum of Rs.5,00,000/- inspite of submitting all the documents to show that her husband R.Srinivas who is Account Holder with opposite party no.1 who died in a Motor Vehicle Accident on 9.6.2008. As per the terms and conditions of the account the opposite party no.1 provided Insurance Coverage to it’s customers. Inspite of service of Legal Notice the opposite parties failed to pay the assured sum without any valid reason.
9. It is contended by the opposite party no.1 that they have provided Insurance Coverage issued by opposite party no.2 Insurance Company. It is further contended that as per the Insurance Scheme the Account Holder must use the “easy shop gold debit card” atleast once in six months, but the deceased account holder did not use the card and therefore, no amount is payable under Insurance Coverage. Opposite party no.1 further contended that they are only providers of Insurance Coverage facility, but the claim has to be settled by opposite party no.2. It is claimed that there is no deficiency of service on their part in processing the claim, hence prayed for dismissal of the complaint.
10. The case of the complainant is that her husband was holding account with opposite party no.1 Bank and that he died on 9.6.2008 in a Motor Vehicle Accident. The Criminal Case records i.e. F.I.R., PME Report, Inquest Report under Ex.A1 to A3 discloses that the deceased along with other family members were returning from Pandarinath to Karimnagar in Qualis bearing no. AP 9 X 7199. At about 2.00AM on 9.6.2008 the said vehicle met with an accident near Malkapur on the road between Sangareddy and Narsapur. In the said accident the husband of the complainant along with other family members died on the spot. The complainant submitted claim to the opposite party no.1 for payment of assured sum of Rs.5,00,000/-, but they did not respond. Therefore, the complainant got issued a Legal Notice under Ex.A5 Dt: 31.7.2008 for which the opposite party no.1 sent a reply under Ex.A6 Dt: 16.8.2008 calling upon the complainant to submit all the documents. Accordingly the complainant got issued another notice under Ex.A7 Dt: 30.8.2008 by submitting all the documents. Inspite of several notices under Ex.A9 and Ex.A10 the opposite party no.1 failed to pay the amount.
11. In the Proof Affidavit filed by opposite party no.1 it is stated that the Insurance Coverage is provided to the deceased by the opposite party no.2 Insurance Company. Accordingly opposite party no.2 is impleaded in the case. Inspite of service of notice from this Forum the opposite party no.2 did not choose to file any counter disputing the claim of the complainant. With regard to the Insurance Coverage there is no dispute as the opposite party no.1admitted that as per the terms of “easy shop gold debit card scheme” there is an Insurance Coverage of Rs.5,00,000/- in case of death of the account holder in an accident. The said condition is mentioned in Ex.A14. Having issued the Insurance Coverage opposite party no.1 and No.2 are bound to pay the assured sum to the nominee of the deceased. The criminal case records under Ex.A1 to A3 clearly proved that the account holder died in Road Traffic Accident. The Legal Notices under Ex.A5, A7, A9 and Ex.A10 discloses that the complainant demanded the opposite parties to pay the assured sum of Rs.5,00,000/-. Having agreed to provide Insurance Coverage to the account holder the opposite parties are liable to pay the assured sum and failure to pay the same constitutes deficiency of service. In view of the aforesaid reasons, we hold, that the opposite parties committed deficiency of service by non-paying the sum assured. Therefore, we direct the opposite parties to pay an amount of Rs.5,00,000/- together with interest and costs of Rs.1,000/-.
12. In the result, the complaint is allowed directing the opposite parties no.1 & No.2 jointly and severally to pay Rs.5,00,000/- to the complainant towards sum assured together with interest @ 7.5% P.A. from the date of filing the case i.e. 9.6.2009 till the date of realization and Rs.1,000/- towards costs of the complaint within one month from the date of receipt of this order.
Typed to my dictation by Stenographer, after correction the orders pronounced by us in the open Court this the 24th day of October, 2009.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
NO ORAL EVIDENCE HAS BEEN ADDUCED ON EITHER SIDE
FOR COMPLAINANT:
Ex.A1 is the copy of F.I.R. Dt: 9.6.2008 along with true translation from Telugu to English.
Ex.A2 is the copy of P.M.E. report Dt: 9.6.2008.
Ex.A3 is the copy of Inquest Report Dt: 9.6.2008 along with true translation from Telugu to English.
Ex.A4 is the copy of Death Certificate Dt: 5.7.2008 along with true translation from Telugu to English.
Ex.A5 is the Office copy of Legal Notice got issued by complainant Dt: 31.7.2009.
Ex.A6 is the Reply sent by opposite party Dt: 16.8.2008.
Ex.A7 is the Letter of advocate for complainant Dt: 30.8.2008.
Ex.A8 is the letter/slip issued by opposite party Dt: …
Ex.A9 is the Office copy of letter sent by advocate for complainant Dt: 13.10.2008.
Ex.A10 is the office copy of Legal Notice Dt: 24.12.2008.
Ex.A11 is the served receipt (acknowledgement) Dt: 25.12.2008 of Professional Courier.
Ex.A12 is the Statement of Account of the deceased.
Ex.A13 is the copy of Debit Card.
FOR OPPOSITE PARTIES:
Ex.B1 is the original Gold Debit Card Usage Guide.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
