HDFC BANK Vs. SYED AYZUL HASAN

JUDGEMENT

(1.) This Revision Petition has been filed under Sec. 21(b) of the Consumer Protection Act, 1986 by the Petitioner against the order dtd. 18/3/2016 passed by State Consumer Disputes Redressal Commission, Uttar Pradesh, Lucknow (hereinafter referred to as the 'State Commission') in First Appeal No.199 of 2016.

(2.) Alongwith the Revision Petition, the Petitioner filed IA/7435/2016 an application for Condonation of Delay of 48 days in filing the Revision Petition. However, as per report of the registry, there is a delay of 50 days. For the reason stated in the application and in the interest of justice IA/7435/2016 is allowed and delay condoned.

(3.) Case of the Complainant that his son Hasan Raza (deceased) opened Saving Bank Account No.2851930001488 with the Opposite Party/Bank. The Bank issued one Easy Shop Gold Debit Card No.4214 2405 0095 6897 on which he was given comprehensive insurance cover of Rs.5,00,000.00. On 24/1/2011, the son of the Complainant was grievously injured in a car accident and he was admitted in Jaswant Rai Speciality Hospital, Meerut. He died on 30/1/2011 and an amount Rs.71,920.00 spent on his treatment. He was also covered for Accidental Hospitalization for Rs.1,00,000.00 per annum, alongwith cash for Hospitalization @ Rs.1000.00 per day. Hasan Raza (deceased) had nominated his father (Complainant) to recover and receive the accidental death insurance claim. The Complainant sent demand letter alongwith photocopies of bills of treatment Rs.71,920.00 besides Rs.5,00,000.00 towards insurance and hospitalization cover to the Opposite Party. Despite repeated requests and reminders, the Opposite Party failed to make payment of claimed amount. The Complainant filed Consumer Complaint No.490 of 2011 with District Forum with the following prayer:-