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2. Complaint was contested by Ops. Op No. 1 in its written reply took the legal objections that the complaint was not maintainable in the present form; complainant had no cause of action to file the complaint; complainant had not come to the Forum with clean hands and had suppressed the material facts from the Forum; complainant and deceased life assured violated the terms and conditions of the policy, which were supplied to him at the time of purchase of the policy from the Ops; intricate questions of law and facts were involved, which were not possible to be decided in summary procedure under the Act, therefore, the matter be relegated to the Civil Court; complaint was false, frivolous and vexatious to the knowledge of the complainant; therefore, it was liable to be dismissed and that complainant was estopped from filing the present complaint by his own act and conduct, omissions and acquiescence. On merits, it was admitted that complainant's son was having account with Op No. 2. Op No. 2 entered into agreement with Op No. 1 and purchased the group insurance policy named as "Cardsure Package Policy" to provide insurance coverage under Accelerated Personal Accident Insurance to protect its account holders, who were interested to get the benefit of HDFC Bank Platinum Debit Card. At the time of issuing the said card to the account holder, Op No. 2 had provided a guide book as debit card usage guide and it was clearly mentioned on the covering letter "Spend a Few Minutes Reading the Debit Card Usage Guide, which has the details of benefits, terms and conditions pertaining to your HDFC Bank Platinum Debit Card" and complainant had relied upon the said covering letter. When the Group Insurance policy was issued, it was having some terms and conditions as regard to benefits mentioned in the debit card usage guide, which was already provided to Op No. 1. It was admitted that complainant was nominee of the account holder. However, the account holder did not use the said Platinum Card in non ATM swipe/transaction within three months of the event, which was one of the condition to get the claim. The Court is bound only to interpret the policy terms and conditions. It was so observed by the Hon'ble Supreme Court in Suraj Mal Ram Niwas Oil Mills Vs. United India Ins. Co." (2010) 10 SCC 567, that it is not open for the Court to add, delete or substitute any word in the terms and conditions of the policy. Op No. 1 had received a claim from Op No. 2 with regard to debit card No. 4363030204946099 and had also provided some other documents and it was found from the documents that account holder did not use the said Platinum Debit Card at non ATM swipe within three months of the insured event, therefore, the claim filed by the complainant was not covered under the terms and conditions of the policy and it was rightly repudiated. It was also admitted that base coverage was Rs. 5 lacs, otherwise, it was upto Rs. 10 lacs keeping in view the usage of the card. There was no deficiency in service on the part of this Op. Complaint was without merit, it be dismissed.

10. It has been argued by the counsel for the appellant/Op No. 1 that claim filed by the complainant was rightly repudiated as it did not fall within the terms and conditions of the policy and that the learned District Forum had wrongly allowed the claim, therefore, the impugned order is liable to be set-aside.

11. He has argued that the complainant himself has admitted in his complaint that he had received the forwarding letter at the time of receiving the debit card and accelerator personal accidental insurance cover upto Rs. 10 lacs (Ex. C-3) and the next page of the covering letter shows that accelerated personal accident insurance cover upto Rs. 10 lacs. For every Rs. 1/- spent on purchase through the Platinum Debit Card, increase your sum insured by five times and then there is a note under that "for details and terms and conditions, please refer to the usage guide enclosed", therefore, for terms and conditions, he had received the usage guide, which was enclosed alongwith the forwarding letter but the complainant choose to place on the record only forwarding letter and withheld the usage guide to his own convenience to take a plea that terms and conditions were not brought to his notice. Therefore, he cannot rely upon this document in parts. The document will be read as a whole then it is clear from the document that he had received the user guide. In the written reply, it has been specifically mentioned by Op No. 1 that user guide was containing same terms and conditions as per in the policy document, which was issued to Op No. 2 because it was group insurance policy and policy was issued in the name of Op No. 2. The said policy document has been placed on the record by Op as Ex. Op-1/1 and it also contains Accidental Death Platinum, World and Business Card (Air/Rail/Road) under that sum insured was maximum upto Rs. 10 lacs per card including base cover of Rs. 5 lacs. Special conditions were as under:-