IMPORTANT POINT
Object of insurance policy is not to deprive bona fide insurer but to accommodate insured so that insured gets her dues.

S. Coari, Member—The present appeal has been directed against the judgment and order dated 9.11.2009 passed by the learned District Consumer Disputes Redressal Forum, Unit-I, Kolkata, in CDF/Unit-I/Case No.101/05 wherein the learned District Forum allowed the petition of complaint against the OP Nos.1, 2 and 3 and ex parte against the OP No.4 thereby directing the OPs to make payment of insurance claim of Rs. 5,00,000 to the complainant and also awarding compensation to the tune of Rs. 20,000 alongwith litigation cost of

Rs. 5,000 and in default interest @ 10% p.a. till realization.

2. The complainant/respondent’s case before the learned District Forum, in brief, was that her husband, since deceased, purchased ICICI Solid Gold Credit Card having credit limit to the extent of Rs.49,000 and cash limit of 40% of the credit limit, which was valid from March, 2001 to March, 2003, of which the complainant was named as a nominee towards the benefit, which was to be received from the OPs/Bank. According to the complainant’s case as per terms and condition of the said transaction between the parties Gold Card members were entitled to get a personal accident insurance benefit to the extent of Rs.5,00,000. Subsequently on 28.7.2008 the husband of the complainant died out of road accident and the death of the complainant’s husband was duly intimated to the OPs and as per instruction of the OPs the complainant submitted claim form along with connected papers namely FIR, P.M. Report, Death Certificate, Indemnity Bond, etc. for the purpose of getting insurance claim of Rs.5,00,000. In spite of valid and proper communication with the OPs the complainant did not receive any intimation from the OPs and on 13.12.03 the complainant was informed by the OP/Bank that the complainant was not entitled to any insurance benefit as the credit card was never activated by her husband. Being aggrieved and dissatisfied with such unjust and improper repudiation at the instance of the OPs the complainant filed the petition of complaint for redressal thereby praying for insurance claim of Rs.5,00,000 and Rs.10,000 by way of compensation and Rs.1,000 towards litigation cost.

3. The OPs contested the case by filing written version thereby denying all the material averments mentioned in the petition of complaint contending inter alia that the complainant having not fulfilled all the terms and conditions of the transaction entered into between the parties was not entitled to get the benefit as prayed for. It was the specific case of the OPs that as the credit card was never activated the complainant was not entitled to get the benefit of insurance coverage and as such, the petition of complaint was liable to be dismissed with cost.

4. The learned District Forum while disposing of the petition of complaint has observed that the complainant having fulfilled her terms and conditions in respect of submitting of claim form towards the insurance coverage is entitled to get reliefs as prayed for and the OPs having failed to put up a positive defence case in support of their denial and/or repudiation of the claim of the complainant was on the wrong foot and accordingly dispose of the petition of complaint in favour of the complainant as discussed above.

5. Being aggrieved and dissatisfied with such finding on the part of the learned District Forum the OPs have preferred the present appeal.

6. The only moot question that revolves round the present appeal is as to whether the learned District Forum was justified enough in disposing of the petition of complaint in the manner as discussed above.

Decision with Reasons

7. At the time of hearing it has been submitted on behalf of the appellants that in this case the learned District Forum has miserably failed to appreciate the cases of respective parties and as such, has arrived at an unjust and improper decision, which is liable to be set aside. According to the learned Advocate for the Appellant, in this case the complaina