M.THANIKACHALAM J. - (1.) Opposite party is the appellant.
(2.) Thiru Saravanan, S/o. of the complainants 1st and 2nd, husband of the 3rd complainant, was an active card holder of Classic Credit Card in the opposite party bank, which had the free insurance benefit of Rs.250000/- in the case of accident, as "free personal accident insurance". Unfortunately, Srinivasan, met with an accident on 6.4.2004, during the currency of the insurance, and died. Therefore, the 1st complainant, as the nominee of the deceased, approached the opposite party, who directed the complainant to approach Oriental Insurance Company, which offered only Rs.50000/-, not agreed, though the complainants are entitled to a sum of Rs.250000/- as the assured amount, at the time of taking policy. Aggrieved by the refusal, the complainant approached the Ombudsman, where also the offer was made only to pay a sum of Rs.50000/- thereby the opposite party had committed deficiency, unfair trade practice, since by this kind of method, they have attempted to promote their business. The non-payment of the amount should be construed as deficiency in service. Hence seeking direction to pay a sum of Rs.250000/- with interest, being the assured amount, claiming a further sum of RS.50000/- as compensation for mental agony, the consumer complaint came to be filed.
(3.) The opposite parties, admitting that Saravanan was the credit card holder of their bank, resisted the case contending that he was a chronic defaulter in making payment, that the card was valid only in accordance with the terms and conditions of the opposite party, that by Group Insurance policy, the bank will not be held responsible in any manner, whether for compensation, recovery of compensation, processing of claims or otherwise whatsoever, that as per clause 7(h) of the rules, the card member acknowledging the same, took the card, that the bank had reserved its right, and the card member can no way claim any responsibility over the bank, that at the time of accident, it was Oriental Insurance Company, who was in contract with the opposite party, and the said company?s terms and conditions alone are applicable, which was also admitted by the card holder, that as per the terms of the contract, the sum assured/insured for the classic Card member was only for Rs.50,000/-, when this amount was offered by the Oriental Insurance Company, and even by the order of the Ombudsman, the complainants refused to receive the same, and therefore there is no question of deficiency in service, thereby praying for the dismissal of the complaint.;