BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

VAZHUTHACAUD : THIRUVANANTHAPURAM

PRESENT:

SHRI. G. SIVAPRASAD : PRESIDENT

SMT. BEENA KUMARI .A : MEMBER

SMT. S.K. SREELA : MEMBER

C.C. No. 72/2002 Filed on 04/02/2002

Dated: 16..04..2011

Complainant:

C.M. Thomas, 113, Bains Compound, Nanthencode, Kawdiar – P.O., Thiruvananthapuram.

Present address: C.M. Thomas, B-10, Suburban Heights Aparts, Cochin University – P.O., S. Kalamassery, Kochin – 682 022.

(By Adv. Rays John Koshy)

Opposite parties:

1. ANZ Grindlays Bank Ltd., No. 1, Haddows Road, Nungambakkam, Chennai – 600 006.

2. Syam Srinivasan, General Manager & Head, Credit Cards & Personal Loans, Standard Chartered Bank, India Bank Card Centre, 3^rd & 4^th Floor, Magarathe Road, Bangalore – 560 025.

    

   (By Adv. V.K. Mohan Kumar)

    

3. Medicare Service Club, Registered Office, 6, Bishop Lefroy Road, Calcutta – 700 020. Represented by Mitali Banergee.

 

(By Adv. G.S. Kalkura)

This O.P having been heard on 28..02..2011, the Forum on 16..04..2011 delivered the following:

ORDER

SHRI.G. SIVAPRASAD, PRESIDENT:

The facts leading to the filing of the complaint are that, complainant availed a Master Card Silver Personal facility from the 1^st opposite party on 5..02..1997 vide credit card No: 5431 8610 0619 6508, that at the time of availing the card, the name of the 1^st opposite party was ANZ Grindlays Bank Ltd., later by a letter dated 16/10/2000 it was informed to the complainant that the name of the said bank is changed as Standard Chartered Grindlays Bank Ltd., that 1^st opposite party forwarded an Insurance Benefit Card under Group Medical Insurance Plan for ANZ Grindlays Bank customers on 10/5/2000 to the complainant, that as per the letter dated 10/5/2000 customer can choose a benefit of Rs. One lakh, Rs. 1.5 lakhs, Rs. Two lakhs and Rs. Three lakhs and the full benefit amount selected will be available each and every year to cover medical expenses and bed charges whilst the insured is in the hospital and medical expenses pre and post hospitalization. It is further stated in the letter that a specialist Claims Service Organization, Medicare Service Club, the 3^rd opposite party in this case will handle claims and pay benefits efficiently and quickly, that complainant completed the enrolment form for the medical insurance on 18/5/2000 and the same was forwarded to the 1^st opposite party as the payment of insurance is made through the credit card, that the annual benefit amount was selected Rs. 1.5 lakhs each for the complainant and his wife, that accordingly the monthly insurance premium payable was Rs. 300/-, that 3^rd opposite party vide their letter dated 6/6/2000 forwarded the membership card and confirmed the membership of the complainant and his wife to the services of the 3^rd opposite party, that the Medicare Service amount of Rs.300/- per month to be paid to the 3^rd opposite party was directly remitted by the 1^st opposite party and the said amount was included in the monthly credit card statement of the 1^st opposite party, that complainant's office at Cochin was shifted to a new location and the same was intimated to the Bank, but no action was taken by the 1^st opposite party thereby complainant did not receive the monthly credit card statement for the month of December 2000, that during the month of November 2000 the complainant suffered severe pain on his right shoulder and had consulted a physiotherapist, on detailed check up he was advised to consult a specialist and take ECG, that the ECG was taken on 20/2/2001, that on the advise of the Doctor an amergency Coronery Angiogram was done on 24/4/2001 thereafter complainant was advised to undergo a by-pass surgery as early as possible and he was referred to the Malar Hospital, Chennai and by-pass surgery was conducted on 23/5/2001 and complainant was discharged on 2/6/2001, that 3^rd opposite party was informed by the complainant's son about by-pass surgery at Malar Hospital and on enquiry by complainant's son, 3^rd opposite party informed that without Doctor's prescription or medical test reports, they are not in a position to clarify his queries and on request of the 3^rd opposite party complainant's son forwarded the test results, prescriptions and other documents to the 3^rd opposite party, there was no response from the 3^rd opposite party, that on 23/05/2001another E-mail was sent to 3^rd opposite party, there was no response from them, that on 24/05/2001 opposite party informed the complainant's son vide E-mail that they were surprised to note that he had not received their communication, that on 26/5/2001 3^rd opposite party addressed to complainant at his son's Vishakhapatanam address informed the complainant that they did not receive the authorisation form from the 1^st opposite party in the month of January and as the policy is renewable policy. The complainant's policy could not be made effective from February 2001 and according to them they regret their inability to comply with the complainant's request, that 1^st opposite party vide letter dated 9/5/2001 intimated the complainant that they have incorporated his new address in their records, complainant received a credit card statement dated 15/07/2001 in his corrected address, that complainant has incurred almost Rs. 2 lakhs as expenses in connection with the by-pass surgery because of the negligent and callous acts of the opposite parties complainant had incurred huge loss, that by not remitting the premium amount by the 1^st opposite party to the 3^rd opposite party, 1^st opposite party had breached the contract, 2^nd opposite party had also failed in his services as the head of the customer services and 3^rd opposite party by not entertaining the claim and by giving false information. Hence this complaint to direct opposite parties to pay the Mediclaim amount of Rs. 1.50 lakhs to the complainant along with compensation and cost.

2. 2^nd opposite party filed version contending inter alia that complaint is not maintainable either in law or on facts, that the Forum lacks territorial jurisdiction to entertain this complaint, 2^nd opposite party is not aware regarding the averments contained in paragraphs 1 to 9 of the complaint. All the averments contained in paragraphs 10 to 22 are all correspondence and details betweeen the complainant and the 3^rd opposite party, that from paragraphs 20 to 26 of the complaint it seems that the 1^st opposite party has incorporated the new address of the complainant, the monthly premium is not incorporated lacking necessary instructions from the complainant, 2^nd opposite party was acting under the instructions of the 1^st opposite party, as per instructions the 2^nd opposite party has deducted on 23/7/2001, Rs. 300/- which has been credited to complainant's credit card account, that there is no laches on the part of the 2^nd opposite party in dealing with the complainant and there is no deficiency in service or unfair trade practice attributable on the 2^nd opposite party. Hence 2^nd opposite party prayed for dismissal of the complaint.

3. 3^rd opposite party entered appearance and filed version contending inter alia that this Forum has no jurisdiction to entertain this complaint as 3^rd opposite party's Office is situated at Kolkata, that 3^rd opposite party at the time of issuing the membership card also enclosed the key features of medical plan of ANZ Grindlays Bank customer, wherein the said brochure clearly mentioned jurisdiction clause under the heading "Period on Risk Rate of Premium" that any legal dispute arising out of the claim shall have exclusive jurisdiction within the District Court of Alipore 24 Parganas (S), West Bengal. 3^rd opposite party acted as an intermediary of an National Insurance Company therefore the complaint is not maintainable against the 3^rd opposite party. In this case complainant is a customer of opposite parties 1 & 2 and appears to have applied for a group medical insurance plan through his credit card, that complainant's insurance cover commenced from 1/7/2000 to 30/6/2001 that he had to make a payment of monthly premium and this was recovered from his credit card account from the opposite parties 1 & 2 and paid to 3^rd opposite party upto the month of January 2001 and the same was immediately paid to NIC of Division Office, as complainant had not paid the premiums for the last 7 months from February to August 2001 the insurance policy lapsed, as there was no insurance policy cover from February to August 2001 complainant was not entitled to the sum of Rs.1.5 lakhs, that 3^rd opposite party performed their part of the service obligation deligently and without any negligence. Hence 3^rd opposite party prayed for dismissal of the complaint.

3. The points that arise for consideration are:

1. Whether this Forum has territorial jurisdiction to entertain this complaint?

2. Whether the complainant is entitled to get mediclaim amount?

3. Whether there is deficiency in service on the part of opposite parties?

4. Whether the complainant is entitled to compensation and cost?

In support of the complaint, complainant has filed proof affidavit and has marked Exts P1 to P8. Opposite parties have no oral evidence nor filed proof affidavit. Along with version 3^rd opposite party has produced one document (Key features of Medical Plan for ANZ Grindlays Bank Customers).

4. Points (i) to (iv) : Before we advert to the factual issues of the complainant, an important issue would crop as to whether this Forum has territorial jurisdiction to entertain this complaint. The complainant approached this Forum with a grievance that he had availed a Master Card-Silver Personal facility from the 1^st opposite party ANZ Grindlays Bank Ltd., Chennai on 5/07/1997 vide credit card No. 5431 8610 0619 6508, that he was informed vide letter dated 16/10/2000 that the name of the 1^st opposite party Bank is changed as Standard Chartered Grindlays Bank Ltd. (2^nd opposite party) Bangalore, that 1^st opposite party vide letter dated 10/5/2000 forwarded to him an Insurance Benefit Card under Group Medical Insurance Plan ANZ Grindlays Bank customers and a brochure of Group Medical Plan for ANZ Grindlays Bank Customers issued by National Insurance Company, that he completed the enrollment form for the Medical Insurance on 18/5/2000 and the same was forwarded to the 1^st opposite party as the payment of insurance was made through the credit card, that he selected the benefit amount of Rs. 1.5 lakhs for the complainant and his wife and the monthly insurance premium payable was Rs. 150/- each and that the 3^rd opposite party vide their letter dated 6/6/2000 forwarded the membership card confirmed the membership of the complainant and his wife to the services of the 3^rd opposite party and the membership was GBIMP 001816 A. It has been contended by the complainant that at the time of availing the said card he was working in a private construction company Office at Cochin, thereafter, the said office was shifted to a new location thereby he intimated the 1^st opposite party to send all correspondence to complainant's residential address at Thiruvnanthapuram with effect from December 2000. It has been the grievance of the complainant that he suffered a severe pain on his right shoulder and had consulted a Physiotherapist on November 2000, that on detailed check up he was advised to consult a specialist at Medical College Hospital, Thiruvananthapuram, on whose advice, an emergency Coronery Angiogram was done on 24/4/2001 and later he was referred to Malar Hospital, Chennai where he was undergone a By-pass Surgery on 23/05/2001, and the same was informed to the 3^rd opposite party, that 3^rd opposite party vide letter dated 26/05/2001 informed the complainant at his son's Vishakhapattanam address that they did not receive the authorisation form the 1^st opposite party in the month of January and as the policy is a monthly renewable policy, the policy of the complainant could not be made effective from 2001, in view of which 3^rd opposite party expressed their inability to comply with the complainant's request. 2^nd opposite party filed version contending inter alia that this Forum lacks territorial jurisdiction to entertain this complaint since the complainant has taken the policy while he was at Kochi and all the opposite parties are situated out of Kerala, that 2^nd opposite party was acting under the instructions of the 1^st opposite party and the complainant eversince they took charge of the credit card operation, that as per instruction the 2^nd opposite party had deducted insurance premium on 23/7/2001 which has been credited in to the complainant's credit card account and 2^nd opposite party has taken up the claim of the complainant with the 3^rd opposite party and 2^nd opposite party received a confirmation from the 3^rd opposite party that the policy has been reinstated. 3^rd opposite party, the Medi Service Club, Kolkata also filed version contending inter alia that this Forum has no jurisdiction to entertain this complaint that at the time of issuing the membership card 3^rd opposite party had enclosed the Key features of medical plan of ANZ Grindlays Bank Customer, wherein the said brochure clearly mentioned jurisdiction clause under the heading “Period on Risk Rate of Premium” - that any legal dispute arising out of the claim shall have exclusive jurisdiction within the District Court of Alipore 24 Parganas (S) West Bengal; hence the complainant having accepted that jurisdiction, any other court lacks territorial jurisdiction. Admittedly, complainant availed service while he was working at Kochi. According to complainant the Medicare Service amount of Rs.300/- per month to be paid to the 3^rd opposite party was directly remitted by the 1^st opposite party and the said amount was included in the monthly credit card statement of the 1^st opposite party with effect from 15/07/2000. In this complaint all the opposite parties are situated out of Kerala. It is not clear from the complainant whether the opposite parties have branch Office in Thiruvananthapuram, or whether the opposite parties have business activities within the jurisdiction of the Thiruvananthapuram District Forum. Complainant has not mentioned the address of the branch Offices of the opposite parties functioning in Thiruvananthapuram District. Further, as per the Key features of Medical Plan for ANZ Grindlays Bank Customers' furnished by the 3^rd opposite party along with the version, it is confirmed that in case of any legal disputes, Civil Courts of District /Assistant District Judge / Munsiff / Consumer Disputes Redressal Forum or any authority under District Court of Alipore 24 Parganas (S) shall have exclusive jurisdiction over the matter. Complainant has not furnished any evidence to prove otherwise. Without figuring the branch offices of the opposite parties functioning in Thiruvananthapruam District in the party array in the complaint or unless complainant successfully showing that atleast part of the cause of action arose within the jurisdiction of the District Forum, Thiruvananthapuram, this Forum would not get jurisdiction to entertain the complaint. As this Forum has no territorial jurisdiction to entertain this complaint, we need not discuss other points under consideration.

In the result, complaint is dismissed as not maintainable due to lack of jurisdiction. Complainant is at liberty to approach appropriate authority for redress of his grievance.

A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum, this the 30^th day of April, 2011.

G. SIVAPRASAD,

PRESIDENT.

BEENA KUMARI .A, MEMBER.

S.K. SREELA

ad. MEMBER.

O.P.No: 72/2002

APPENDIX

I. Complainant's witness:

PW1 : C.M. Thomas

II. Complainant's documents:

P1 : Copy of the letter dated 16/10/2000

P2 : Original letter dated 10/5/2000

P3 : Original brochure

P4 : " credit card statement dated 15/7/2000

P5 : Letter dated 30/5/2000 issued by the 1^st opp. Party

P6 : Letter dated 6/6/2000

P7 : Copy of the letter dated 1/12/2000

P8 : Letter dated 9/5/2001

P9 : Letter dated 31/5/2001

P10 : Copy of the letter dated 2/1/2001

P11 : " letter dated 12/5/2001

P12 : " letter dated 26/5/2001

P13 : " letter dated 19/5/2001

P14 : " letter dated 4/6/2006 with acknowledgement card

P15 : " letter dated 11/6/2001 with acknowledgement card

P16 : " letter dated 2/7/2001 with acknowledgement card

P17 : " letter dated 24/8/2001 with acknowledgement card

P18 : " letter dated 24/8/2001 with acknowledgement card

P19 : Original letter dated 5/9/2001 addressed to the complainant.

P20 : Copy of the letter dated 29/9/2001 with acknowledgement card

P21 : " letter dated 22/10/2001 with acknowledgement card

P22 : " letter dated 27/11/2001 with acknowledgement card

P23 : " letter dated 4/12/2001 addressed to the complainant

P24 : Original letter dated 8/12/2001 addressed to the complainant.

P25 : Copy of the advocate notice dated 1/10/2001 with acknowledement card

P26 : Original credit card statement dated 15/11/2000

P27 : Copy of E-mails

P28 : Original card

III. Opposite parties' witness : NIL

IV. Opposite parties' documents:

D1 : Key features of Medical Plan for ANZ Grindlays Bank Customers.

PRESIDENT