Tamil Nadu

South Chennai

CC/684/2005

V.Sundaresh - Complainant(s)

Versus

ABN Amro Bank - Opp.Party(s)

S.Baskaran

20 Feb 2019

ORDER

                                                                        Date of Filing  : 26.10.2005

                                                                          Date of Order : 20.02.2019

                                                                                  

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

@ 2^ND Floor, T.N.P.S.C. Road, V.O.C. Nagar, Park Town, Chennai – 3.

 

PRESENT: THIRU. M. MONY, B.Sc., L.L.B, M.L.                    : PRESIDENT

TR. R. BASKARKUMARAVEL, B.Sc., L.L.M., BPT., PGDCLP., : MEMBER-II

 

C.C. No.684/2005

DATED THIS WEDNESDAY THE 20^TH DAY OF FEBRUARY 2019

                                 

V. Sundaresh,

G-5, Madhuram Flats,

No.169, Radha Nagar Main Road,

Chrompet,

Chennai – 600 044.                                                      .. Complainant.                                                 

                                                                                               ..Versus..

1. The Manager,

ABN Amro Bank,

Credit Card Division,

Haddows Road,

Chennai – 600 006.

 

2. The Manager,

ICICI Lombord General Insurance,

Haddows Road,

Chennai – 600 006.                                                 ..  Opposite parties.

          

Counsel for the complainant            :  M/s. S. Baskaran

Counsel for the 1^st opposite party   :  M/s. R. Balaji & another

Counsel for the 2^nd opposite party  :  M/s. Elveera Ravindran &

                                                             another

 

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainant against the opposite parties under section 12 of the Consumer Protection Act, 1986 praying to pay a sum of Rs.3,00,000/- towards compensation for pain, sufferings, mental agony, depression, loss, gross negligence, deficiency in service and unfair trade practice with cost of Rs.10,000/- to the complainant.

1.    The averments of the complaint in brief are as follows:-

The complainant submits that he has availed credit card from the 1st opposite party and thereby issued ABN Credit Card holding Credit Card No.5415 3823 0418 9228 with credit limit as Rs.30,000/-.  The complainant was shocked and surprised to see the statement issued by the 1^st opposite party a sum of Rs.32,544/- was debited on 27.01.2004 towards ICICI Lombard Insurance Premium vide policy No.4034 / ABN / 00000314 issued at Mumbai.  The complainant submits that at no point of time, the complainant availed any insurance policy and no proposal was given regarding the same.  Without the knowledge and consent of the complainant, such policy is issued by the opposite parties 1 & 2 conspired together.   The complainant submits that immediately after seeing the statement, he contacted the 1^st opposite party personally and thereafter, given letters to both opposite parties for recrediting the amount.  But both the opposite parties has not done so.  The complainant submits that the 1^st opposite party issued notice through Lok Adalat in case No.23406/2005.  The complainant was also compelled to present before the Lok Adalat on 20.07.2005. The complainant at no point of time availed policy of ICICI Lombard Insurance Company.  The particulars given by the 2^nd opposite party, ICICI Lombard Insurance Company shows some other persons as the family members of the complainant.  The act of the opposite parties amounts to deficiency of service and unfair trade practice which has caused great mental agony.  Hence, the complaint is filed.

2.      The brief averments in the written version filed by the  1^st opposite party is as follows:

         The 1^st opposite party specifically denies each and every allegation made in the complaint and puts the complainant to strict proof of the same.    The 1^st opposite party states that the complainant has availed credit card facility for his purchase to his benefit and make payment using the credit card etc.  The 1^st opposite party states that if the credit card holder is not satisfied with the statement of accounts, he has to address his disputes within 30 days after due intimation.   The 1^st opposite party states that the insurance policy is issued by the 2^nd opposite party had not been utilised and no claim had been lodged by the insurance company.  This opposite party bank is duty bound for making payment wherever the complainant has utilised in the credit card.  The policy premium also utilised by the complainant.  Hence, the said amount of Rs.32,644/- was debited and paid to the opposite party.   The 1^st opposite party states that there is no deficiency in service on the part of the 1^st opposite party.   Hence, the complaint is liable to be dismissed.

3.      The brief averments in the written version filed by the  2^nd opposite party is as follows:

The 2^nd opposite party specifically denies each and every allegation made in the complaint and puts the complainant to strict proof of the same.    The 2^nd opposite party states that the complainant has suppressed the material facts and filed this case against the 2^nd opposite party stating that the complainant do not know anything about the ICICI Lombard Insurance company etc.  The 2^nd opposite party states that the complainant knowing fully well about the legality of the insurance policy and credit card, availed policy of insurance and the premium amount is debited from the account of the complainant.  The 2^nd opposite party states that the issue of policy of insurance is only a service that is rendered to credit card holders of the 1^st opposite party and it is only after instructions are received from the complainant through the 1^st opposite party that the 2^nd opposite party will issue the policy.   The complainant himself given all particulars regarding the details of the family members to the 2^nd opposite party.    Therefore, there is no deficiency in service on the part of the 2^nd opposite party and hence, the complaint is liable to be dismissed.

4.     To prove the averments in the complaint, the complainant has filed proof affidavit as his evidence and documents Ex.A1 to Ex.A6 are marked.  Proof affidavit of the 1^st opposite party is filed and no document is marked on the side of the 1^st opposite party.  Proof affidavit of the 2^nd opposite party is filed and document Ex.B1 is marked on the side of the 2^nd opposite party.

5.      The point for consideration is:-

Whether the complainant is entitled to a sum of Rs.3,00,000/- towards compensation for pain and suffering mental agony, loss of professional practice, negligence, deficiency and unfair trade practice with cost of Rs.10,000/- as prayed for?

6.     On point:-

Both parties filed their respective written arguments. Heard their Counsels also.  Perused the records namely the complaint, written version, proof affidavits and documents.  The complainant pleaded and contended that he has availed credit card from the 1st opposite party and thereby issued ABN Credit Card holding Credit Card No.5415 3823 0418 9228 as per Ex.A1.  But no transaction was carried out.  On the other hand, he was shocked and surprised to see the statement issued by the 1^st opposite party a sum of Rs.32,544/- was debited on 27.01.2004 towards ICICI Lombard Insurance Premium vide policy No.4034 / ABN / 00000314 issued at Mumbai as per Ex.A2.  Further the complainant contended that at no point of time, the complainant availed any insurance policy and no proposal was given regarding the same.  None of the proposal form signed by the complainant. Without the knowledge and consent of the complainant, such policy is issued by the opposite parties 1 & 2 conspired together.   

7.     Further the contention of the complainant is that immediately after seeing the statement of Account Ex.A3 (S), he contacted the 1^st opposite party personally and thereafter, given letters to both opposite parties as per Ex.A4 for recrediting the amount.  But both the opposite parties has not done so.  On the other hand, the 1^st opposite party issued notice through Lok Adalat as per Ex.A5 in case No.23406/2005.  The complainant was also compelled to present before the Lok Adalat on 20.07.2005. The complainant at no point of time availed policy of ICICI Lombard insurance policy.  The particulars given by the 2^nd opposite party, ICICI Lombard Insurance Company shows some other persons as the family members of the complainant.  The 2^nd opposite party also has not produced the alleged proposal form duly signed by the complainant with the particulars given in the written version.  The debit of Rs.32,544/- from the account of the complainant by the opposite party as per Ex.A3 in due connivance with the 2^nd opposite party amounts to unfair trade practice.  The complainant is claiming Rs.3,00,000/- towards compensation for deficiency in service, unfair trade practice, mental agony etc.

8.     The learned Counsel for the 1^st opposite party would contend that admittedly, the complainant availed credit card facility for his purchases and make payment using the credit card etc.  Ex.B1 is the copy of proposal form executed by the complainant.  Further the contention of the 1^st opposite party is that if the credit card holder is not satisfied with the statement of accounts, he has to address his disputes within 30 days after due intimation.  The complainant has not raised any such dispute in this case because, the insurance cover will not be issued by the 1^st opposite party bank.  Equally, the 1^st opposite party do not aware of the details regarding the family members of   the complainant.   Further the contention of the 1^st opposite party is that the insurance policy is issued by the 2^nd opposite party had not been utilised and no claim had been lodged by the insurance company.  This opposite party bank is duty bound for making payment wherever the complainant has utilised in the credit card.  The policy premium also utilised by the complainant.  Hence, the said amount of Rs.32,644/- was debited and paid to the opposite party.   Further the contention of the 1^st opposite party is that there is no deficiency in service on the part of the 1^st opposite party.   But on a careful perusal of records and arguments, the 1^st opposite party has given the details of the credit card and other particulars given to the 2^nd opposite party resulting the issuance of ICICI Lombard policy without the knowledge of the complainant raised which amounts to unfair trade practice.

9.    The contention of the 2^nd opposite party is that the complainant has suppressed the material facts and filed this case against the 2^nd opposite party stating that the complainant do not know anything about the ICICI Lombard Insurance company etc.  The further contention of the 2^nd opposite party is that the complainant knowing fully well about the legality of the insurance policy and credit card, availed policy of insurance and the premium amount is debited from the account of the complainant.  The complainant himself given all particulars regarding the details of the family members to the 2^nd opposite party.  But on a careful perusal of records, the 2^nd opposite party has not produced any duly signed proposal form, family particular and other particulars except availing the credit card.  It is not at all mandatory on the part of the credit card holder should have the policy of insurance.  Creating the policy of insurance without the knowledge and consent of the complainant amounts to deficiency in service and unfair trade practice. Considering the facts and circumstances of the case this Forum is of the considered view that, the opposite parties 1 & 2 are jointly and severally shall be liable to refund a sum of Rs.32,544/- being amount debited towards ICICI Lombard Insurance premium and a compensation of Rs.30,000/- towards mental agony with cost of Rs.5,000/-.

In the result, this complaint is allowed in part.  The opposite parties 1 & 2 are jointly and severally liable to refund a sum of Rs.32,544 /- (Rupees Thirty two thousand five hundred and forty four only) being amount debited towards ICICI Lombard Insurance premium and to pay a sum of Rs.30,000/- (Rupees Thirty thousand only) towards compensation for mental agony with cost of Rs.5,000/- (Rupees Five thousand only) to the complainant.  

The above  amounts shall be payable  within six weeks from the date of receipt of the copy of this order, failing which, the said amounts shall carry interest at the rate of 9% p.a. to till the date of payment.

Dictated  by the President to the Steno-typist, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 20^th day of February 2019. 

 

MEMBER-II                                                                   PRESIDENT

 

COMPLAINANT SIDE DOCUMENTS:-

Ex.A1 Series	30.01.2004	Copy of letter sent by the 1st opposite party
Ex.A2	03.02.2004	Copy of letter from the 2nd opposite party
Ex.A3 Series	02.02.2004	Copy of monthly transaction bills sent by the 1st opposite party
Ex.A4 Series	16.03.2004	Copy of letter sent by the complainant to opposite parties with acknowledgement
Ex.A5	20.07.2005	Copy of Lok Adalat Notice
Ex.A6		Copy of legal notice issued by the complainant to the opposite parties

 

1^ST OPPOSITE  PARTY SIDE DOCUMENTS:-  NIL

2^ND OPPOSITE  PARTY SIDE DOCUMENTS:- 

Ex.B1

06.01.2004

Copy of proposal form executed by the complainant

 

 

 

MEMBER-II                                                                   PRESIDENT