SBI General Insurance Company Ltd. 9th Floor, A & B Wing, Fulcrum Building,
Sahar Road, Andheri(East), Mumbai 400099
- The Branch Manager
SBI General Insurance Company Ltd.
At-Swagat Complex, Vijay Bhawan
Ainhapali, Sambalpur, Po- Sambalpur
Pin-768004, India .....................Opp.Parties
Counsels:-
- For the Complainant :- Sri. R.Gupta & Associates
- For the O.P.No.1 to 3 :- Sri. A.K. Das
- For the O.P. No.3 & 4 :- Sri. B.K. Purohit,
Date of Filing:28.11.2023, Date of Hearing :07.05.2024, Date of Judgement :02.07.2024
Presented byDr. Ramakanta Satapathy, PRESIDENT
- The case of the Complainant is that the O.P. no.2 is the Branch of O.P. No.1 and through the Bank the Complainant was having health Insurance Policy from O.P. No.3 & 4 and auto debit facilities have been taken. In 2022 the Complainant intended to change his policy from SBI General Insurance to other insurance Company and wrote letter dated 18.04.2022 to O.P. No.2 for discontinuation from upcoming year. O.P. No.2 forwarded mail to O.P. No.4.
The Complainant purchased new policy from Start Health Insurance. On 11.07.2022 an amount of Rs. 22,400/- was debited from the account and policy sent through post vide policy No. 000000000744343-06. The O.P. No.4 despite receipt of notice of discontinuation continued the policy and deduction was done. The O.P. No.2 said that the money was credited back to his account. The Complainant get shocked when on 10.07.2023 again Rs. was deducted through auto debit mode. Complaint was made before O.Ps. for refund of both the premiumamount deducted on 11.07.2022 and 10.07.2023. On 20.08.2023 an amount of Rs. 22,400/- was credited to the account of Complainant but the account deducted on 10.07.2023 has not been refunded. Being aggrieved complaint was filed.
- The O.P. no.1 & 2 in their reply submitted that the Complaint is baseless and not maintainable, barred by limitation. The insurer is having independent entity. Letter dated 18.04.2022 was forwarded to O.P. No.4 for discontinuation of the policy. Due to non-taking of action by O.P. no.4 Complainant’s account was debited two times. The entire amount has been sent by O.P. No.3 & 4 to the account of Complainant. Regarding refund of amount dated 10.07.2023 the bank has no knowledge. There is no deficiency in service of O.Ps Bank.
- The O.P. no.3 insurer in reply submitted that under the auto debit system Rs. 22,400/- were deducted twice by the O.P. no.3. After receipt of correspondence the amount has already been refunded on 15.08.2023 and 19.12.2023. Mandate was given by the Complainant for auto debit and basing upon the O.P. No.3 also adopted for auto debit scheme in the premium collection procedure. The amount was credited to O.P. no.3 without any malafide intention. After knowledge the amount has been credited to the Complainant. There is no deficiency in service on the part of O.P. No.3 & 4.
- Perused the documents filed by the parties. It is the admitted case of all the parties that Complainant was having health insurance with O.P. no.3 & 4 and allowed auto debit system in his account. The Complainant on 18.04.2022 instructed the O.P. no.2 Bank to discontinue the policy and the Bank intimated O.P.No.3 & 4 accordingly. After instruction also the policy and has taken benefit of auto-debit system. The O.P. no.3 & 4 after receiving instruction from O.P. No.2 also not discontinued the policy it amounts to deficiency in service. O.P. No.3 & 4 not acted as per mandate given by Complainant nor given any instruction to O.P. No.2 Bank for which amount was debited. No doubt Rs. 22,400/- was refunded to the Complainant on 15.08.2023 and 19.12.2023 but prior to second refund this Complainant was filed being harassed, as no any instruction was given by O.P. No.3 & 4. For the acts of O.P. No.3 & 4 the Complainant was harassed and filed the complaint.
Taking into consideration the circumstances of the case following order is passed.
ORDER
The Complaint is allowed on contest against O.P. no.3 & 4 and dismissed against O.P. No.1 & 2. The O.P. No.3 & 4 are directed to pay compensation of Rs. 50,000/- and litigation expenses of Rs. 10,000/- within one month of this order. In case of non-payment the amount will carry 7 % interest P.A. from date of filing complaint till realisation.
Order pronounced on open court on 2nd July, 2024.
Supply free copies to the parties.
