LAWS(NCD)-2015-12-22

HDFC BANK LIMITED Vs. POOJA KAPOOR AND ORS.

Decided On December 04, 2015
HDFC BANK LIMITED Appellant
V/S
Pooja Kapoor And Ors. Respondents

JUDGEMENT

(1.) Aggrieved by the order dated 29.03.2011 of the State Consumer Disputes Redressal Commission, Haryana Panchkula, (for short, "State Commission"), HDFC Bank Ltd. the petitioner has filed this Revision Petition before this Commission.

(2.) In short the case is that Mr. Pankaj Kapoor the husband of the Respondent No.1 had an account with the petitioner bank which issued him a gold debit card. This gold card also gave the benefit of insurance for Rs.5 Lacs in case of accidental death of the account holder. This insurance was under the policy no.130300/46/05/39/00000092 of the petitioner bank with the New India Assurance Co. Ltd, respondent No. 2 in the present revision. The husband of the petitioner Sh. Pankaj Kapoor died on 07.12.2006 in an accident but no claim was preferred within 30 days as required under the terms and conditions of the policy. The version of respondent no.1 is that she was unaware of any such policy even when she proceeded to close the account with the petitioner in July 2008. Later, she came to know about this policy from a third party and then she submitted the claim form on 08.12.2008 for insurance amount to the bank and the bank forwarded the same to the respondent no 2 which was rejected as it was not submitted within 30 days of the death of the account holder. Respondent no.1 then filed consumer complaint before the District Consumer Disputes Redressal Forum, Sonepat (for short, "District Forum") which vide its order dated 15.12.2009 ordered as follows:

(3.) Against this order of the District Forum, the opposite party / petitioner filed an appeal before State Commission which was dismissed on 29.03.11. Against this order of the State Commission the present Revision Petitioner has been filed.