Case nº Revision Petition No. 3521-3522 of 2013 and Revision Petition No. 1127-1128 of 2014 of National Consumer Disputes Redressal Commission, February 09, 2016 (case 1. Bajaj Allianz General Insurance Company Ltd., 2. Axis Bank Ltd. Vs 1. Axis Bank Ltd. & 2 Ors., 2. Rameshchandra Thakorlal Gandhi, 3. Nayanaben Rameshchandra Gandhi, 4. Bajaj Allianz General Insurance Co. Ltd.)
| Judge | For the Appellant: For Bajaj Allianz Gen. Ins. Co. : Shri P.T. Vasandani, Adv. and For the Respondent: For Axis Bank Ltd. : Ms. Jhuma Bose, Adv., For Respondent No. 2 & 3 in RP/3521-3522/2013 and For Respondent No. 1 & 2 in RP/1127-1128/2014 : Shri Vikas Nautiyal with Ms. Shreyas Desai, Advocates. |
| President | Mr. K.S. Chaudhari, Presiding Member |
| Resolution Date | February 09, 2016 |
| Issuing Organization | National Consumer Disputes Redressal Commission |
Order:
K.S. Chaudhari, Presiding Member
These revision petitions arise out of single order of State Commission, hence, decided by common order.
Revision Petition Nos. 3521-3522 of 2013 has been filed by opposite party No. 2 and Revision Petition Nos. 1127-1128 of 2014 have been filed by opposite party No. 1 against order dated 19.6.2013 passed by State Commission in Appeal No. 1153/2009- Axis Bank Ltd. Vs. Rameshchandra Thakorlal Gandhi & Ors. and Appeal No. 1264/2009- Bajaj Alliance General Insurance Co. Ltd. Vs. Axis Bank Ltd. & Ors.; by which appeals were dismissed.
Brief facts of the case are that complainant''s/respondent''s son- Vinay Kumar Rameshchandra Gandhi ( in short Vinay Kumar), had savings bank account with opposite party- Axis Bank, which was opened on 7.7.2004 and opposite party No. 1 provided gold debit card to Vinay Kumar who also became member of personal accident death benefit scheme covering Rs. 5.00 lakhs. Opposite Party No. 2 provided benefit to all account holders of opposite party No. 1. Vinay Kumar punched debit card on 11.3.2007 and met with an accident on
12.4.2008 and died on 13.4.2008. Complainants lodged claim with opposite party No. 2 which was repudiated by letter dated 23.9.2008. Alleging deficiency on the part of opposite party, complainant filed complaint before District Forum. Opposite party No. 1- Axis Bank resisted complaint and admitted that Vinay Kumar opened account and was issued debit card and insurance coverage of Rs. 5.00 lakhs but as policy was given without any consideration, so, consumer Fora had no jurisdiction. Opposite party No. 2 resisted complaint and submitted that there was no agreement between complainant and opposite party No. 2. It was further submitted that claim was rightly repudiated as he was not having minimum balance during last two quarters preceding date of death and had not carried out any transaction within 365 days immediately before death and prayed for dismissal of complaint. Learned District Forum after hearing both the parties, allowed complaint and directed opposite parties to pay Rs. 5.00 lakhs with 9% p.a. interest and further directed to pay Rs. 5,000/- as compensation and Rs. 2,000/- as expenses. Appeals filed by opposite parties were dismissed by Learned State Commission vide impugned order against which these revision petitions have been filed.
Heard Learned Counsel for the parties and perused record.
Learned Counsel for Insurance Co. submitted that as...
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