CITI BANK Vs. MOHD AYUB

JUDGEMENT

(1.) THE appellant, Citi Bank Card Centre was the opposite party before the State Commission, where the respondent/complainant had filed a complaint alleging deficiency in service on the part of the appellant.

(2.) VERY briefly stated the facts leading to filing the complaint were that one Mr. Mohd. Ayub, the first complainant was the primary card holder of the Citi Bank Card and one Mr. Mohd. Usman was the additional card member as per material on record (appearing at page 28 of the paper book ). Additional card holder Mr. Mohd. Usman unfortunately died in a road accident in the night of 15th and 16th March, 2002. Since as a card holder, the complainants were the beneficiary of the accident insurance, a claim was preferred by the primary card holder on the said demise of his brother but it was not agreed as according to the appellant, the 'add-on card holder' was not entitled to claim any compensation under the provisions of the contract other than Rs. 2 lakh, for which policy had been given by the New India Assurance Company. When the matter was not getting settled, a complaint was filed before the State Commission, who after hearing the parties, directed the opposite party Nos. 1 and 2 to pay Rs. 23 lakh along with interest @ 6% p. a. and the third O. P. was directed to pay the amount of Rs. 2 lakh along with interest @ 6% together with cost of Rs. 2,000 payable by the appellants/opposite party Nos. 1 and 2. Aggrieved by this order, this appeal has been filed before us.

(3.) NOTICE was issued to the respondents. Since no one is forthcoming, they were served through publication yet no one appeared, hence they are proceeded ex parte.