KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

VAZHUTHACAUD, THIRUVANANTHAPURAM

APPEAL No. 541/2016

JUDGMENT DATED: 17.03.2020

(Against the Order in C.C. 848/2013 of CDRF, Ernakulam)

PRESENT:

SRI.T.S.P. MOOSATH                                                       : JUDICIAL MEMBER

SRI.RANJIT. R                                                                   : MEMBER

SRI. K.R. RADHAKRISHNAN                                        : MEMBER

APPELLANT:

Sanal Kumar K.R., Kakkadayil House, Near Telephone Exchange, Thodupuzha-685 584.

           (By Advs. Rajesh Vijayendran & V.K. Prasanth)

                                                Vs.

RESPONDENTS:

1. HDFC ERGO General Insurance Company Ltd., Corporate Office, 6^th Floor, Leela Business Park, Andheri-Kurla Road, Andheri (East), Mumbai-400 059 represented by its Manager-Claims.

(By Adv. Sreevaraham G. Satheesh)

2. HDFC Bank Ltd., Palarivattom Branch, Cochin-682 025, Ernakulam.

3. HDFC Bank Ltd., Kandirickal Oliver Castle, Vengalloor, Thodupuzha P.O.

JUDGMENT

SRI.RANJIT. R: MEMBER

The complainant has filed this appeal aggrieved by the order dated 12.02.2016 in C.C. No. 848/2013 on the file of the Consumer Disputes Redressal Forum Ernakulam, for short the District Forum, dismissing his complaint. 

2.  Case of the complainant is that Smt. Ushadevi had purchased a Maruti Ritz car by availing a car loan from the 2^nd and 3^rd opposite parties of Rs. 5,00,000/- under hypothecation of the car to the 2^nd opposite party.  The repayment of the loan was to be made in 50 instalments of Rs. 10,866/- each starting from 05.02.2013 and ending on 05.01.2018.  At the time of availing the loan Smt. Ushadevi had also taken ‘HDFC ERGO Sarv Suraksha Plus Comprehensive Insurance Policy’ on the advice of the staff of the 3^rd opposite party after remitting one time premium amount.  The terms and conditions of the above said policy covered critical illness, accidental hospitalization, personal accident, death and permanent disability, credit shield, dependent child education benefit, house holder’s benefit against theft/burglary loss of job, garage cash and lost card liability.  The monthly instalments were being paid by Smt. Ushadevi through post dated account payee cheques.  While so on 15.07.2013 Smt. Ushadevi had suffered a massive heart attack at her residence and she passed away even before being taken to the hospital.  After the sudden and unexpected death of Smt. Ushadevi the outstanding loan amount of Rs. 4,58,667/- was not paid by the 1^st opposite party insurance company stating the reason that the insured person has to survive a minimum period of 30 days from the date of diagnosis.  In the instant case Smt. Ushadevi had an instantaneous death.  Therefore the claim under the policy was repudiated by the 1^st opposite party insurance company, even though claim was preferred under ‘credit shield insurance policy’ by the complainant.  The complainant therefore rushed to the offices of opposite parties 2 & 3 with request to reconsider the claim under the head ‘credit shield insurance policy’.  But the opposite parties declined the request of the complainant.  The act of the 1^st opposit