BANK OF INDIA Vs. ASHAPURNA CHANDRA

JUDGEMENT

(1.) This revision petition has been filed against the order dtd. 5/10/2012 of the West Bengal State Consumer Disputes Redressal Commission, Kolkata (in short, 'the State Commission') in SC Case no. FA/387/2011 dismissing the appeal of the Revisionist and upholding the order of the District Forum.

(2.) The brief facts of the case are that the respondent/ complainant's husband opened a savings bank (SB) account with Bank of India (in short, 'Bank'), Purulia Branch on 27/8/2007. The National Insurance Company Limited respondent no.3 herein/ complainant no.1 launched a mediclaim policy, viz., BOI National Swasthya Bima especially for the account holders of Bank of India and their family members. The husband of the complainant took the policy from 13/8/2007 to 12/8/2008 and was issued a policy certificate. He thereafter renewed the policy for the period from 13/8/2008 to 12/8/2009. According to the terms and conditions of the policy the premium amount was to be deducted by the Bank from the account of the account holder. The due date of premium amount was on 12/8/2009. The bank deducted an amount of Rs.2590.00 on 18/8/2009. However, the said amount was subsequently recredited on 15/1/2010 to the said SB account. Members of the family were entitled to cashless treatment and reimbursement of the amount towards medical expenses. In May 2010, the policy holder was advised an FNAC test for a swelling in the neck which was diagnosed as Metastasis Squamous Cell Carcinoma. He approached BP Poddar Hospital and Medical Research Limited, Kolkata for better treatment but learnt that as the policy had lapsed on account of the Bank not debiting the premium amount from his SB account for renewal of the same on or before 12/8/2009, the policy was deprived of facility of cashless facility in medical treatment. The policy holder, finding no other alternative, availed medical treatment on payment of Rs.1,50,000.00.

(3.) The policy holder on 7/6/2010 approached the Bank regarding the non-deposit of the third premium amount to the National Insurance Company and was informed vide letter dtd. 10/6/2010 that he would be conveyed the decision in due course. He sent a legal notice to the Bank and National Insurance Company Limited Purulia Branch on 31/8/2010 demanding Rs.1,50,000.00 which was duly acknowledged. He also lodged a complaint before the Assistant Director, Consumer Affairs and Fair Business Practices, Purulia against the complainants which could not be settled amicably at the hearing on 2/12/2010.