BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BHIWANI.

          Complaint Case No.    :  148 of 2023

                                                  Date of Institution       :  04.07.2023

                                                   Date of Decision         :  18.04.2024

Sunil Goyal son of Kishor Kumar, Gali Modon, near Nand Ram Katla, Sita Ram Mandir, Halu Bazar, Bhiwani, Tehsil and District Bhiwani.

              ..…Complainant.

  Versus

Branch Manager, Bank of India, Ghantaghar Chowk,Circular Road, Bhiwani.

                                                  .…Opposite Party

Complaint U/s 35 of the Consumer Protection  Act, 2019.

BEFORE:     Mrs. Saroj Bala Bohra, Presiding Member.

Ms. Shashi Kiran Panwar, Member.

Present:-       Sh. Suraj Chand Aggarwal, Advocate for complainant.

Sh. Rajbir Singh, Advocate for OP.

ORDER

Saroj Bala  Bohra, Presiding Member.

1.                 Brief facts of the present complaint are that complainant is having a bank account no.677010510000696 since 29.08.2014 with OP, under Jan Dhan Saving Bank account. It is averred that on 23.11.2021, Rs.258/- as insurance premium; on 04.06.2022, Rs.436/- towards its renewal and on 05.12.2022, Rs.20/- as insurance premium were deducted from the account of complainant despite the fact that no oral or written request was given by complainant. It is further averred that Rs.20/- and Rs.436/- were also deducted from his bank account for renewal of insurance policy on 24.05.2023 and 29.05.2023 respectively. On agitating this, OP Bank suggested that refund is made after 12 months of start of the service and qua this online request of complainant was uploaded but to surprise of complainant no refund has received by him despite written application to the OP bank on 17.06.2023. Hence, the present complaint has been preferred by complainant alleging deficiency in services thereby causing mental and physical harassment. In the end, prayer has been made for directions to OP to refund of Rs.1170/- alongwith interest allegedly deducted from his bank account, Rs.1.50 lac towards compensation for harassment besides litigation expenses.

2.                 Upon notice, OP appeared through counsel and filed written statement raising preliminary objections qua maintainability of complaint, locus standi, cause of action, complaint being false and frivolous, mis-joinder/non-joinder of necessary parties and concealment of true facts. On merits, it is submitted that deduction for insurance was made first time on 23.11.2021 after receiving written consent from account holder and subsequent deductions were also made on the basis of above consent. OP has submitted that the written consent so given by complainant for deduction of insurance premium has misplaced in the bank during shifting of records. It is urged that Central Govt. introduced two schemes for social security of all citizens of India; namely PMSBY (Prime Minister Suraksha Bima Yojna) on a premium of Rs.20/- per year for Accidental Coverage of Rs.2.00 lac and PMJJBY (Pradhan Mantri Jivan Jyoti Bima Yojna) on a premium of Rs.436/- yearly in case of death, the premium is to be deducted by banks from their accounts renewable from year to year. Further submitted that the banks are not gaining any benefits on deductions of the above amounts as it is remitted to the Central Government as a government business.  It has been submitted that the alleged amounts were not refunded to complainant as his life was insured continuously since 23.11.2021. In the end, it is stated that deduction will be discontinued from the account of complainant as he has shown unwillingness for insurance. Rest of allegations levelled in the complaint have been denied including deficiency in service and prayed for dismissal of complaint.

 3.                On behalf of complainant, his affidavit Ex.CW1/A alongwith documents Annexure C-1 & Annexure C-2 were filed in evidence and then closed the same on 16.11.2023.

4.              On the other side, affidavit of Sh. Ashu Bansal, Manager Ex.RW1/A alongwith document Ex. R-1 were filed in evidence and then closed the same on 12.03.2024. 

5.              We have heard learned counsels for the parties and perused the entire record minutely.

6.                 From bank account statement pertaining to complainant (Annexure C-1), reveals that Rs. 258/- on 23.11.2021, Rs.436/- on 04.06.2022, Rs.20/- on 05.12.2022, Rs.20/- on 24.05.2023 and Rs.436/- on 29.05.2022 were deducted from the bank account of complainant as insurance premium. The case of complainant is that he has never given oral or written request to deduct the aforementioned amounts from his bank account for the purpose of insurance premium.  On the contrary, the case of OP bank is that the premiums were deducted under the social security schemes after taking consent from the complainant.

7.                 OP bank in his pleadings has submitted that the consent so taken from complainant has misplaced from the bank while shifting records.  The OP bank has also failed to submit any document which could show that the amount was necessarily deductible from each and every bank account under Jan Dhan Bank Account. The contentions of OP bank that the premium amounts cannot be refunded to complainant for the alleged period, as he remained under insurance cover during that period of time. The complainant has placed on record application dated 17.06.2023 (Annexure C-2) whereby he agitated the deductions of insurance premium.

8.                 In view of the above, it has come out that complainant was not interested to get him insured under the social security scheme but the OP bank insured him and failed to prove on record his consent in this regard. Thus it has concluded that the OP bank has enrolled the complainant for the insurance as arbitrarily which amounts to unfair trade practice as well as negligent behavior and deficiency in service on its part causing mental and physical harassment to him besides monetary loss. Hence the complaint is allowed and OP is directed to comply with the following directions within 40 days from the date of passing of this order:-

(i)       To refund a sum of Rs.1170/- (Rs. One thousand one hundred seventy) to the complainant alongwith simple interest @ 6% per annum from the date of filing of this complaint till actual realization.

(ii)      Not to deduct further insurance premium from the bank account of complainant without taking his prior consent.   

(ii)      Also to pay Rs.5000/- (Rs.Five thousand) as compensation for harassment and litigation expenses.

                    In case of default, all the aforementioned amounts shall attract simple interest @ 9% per annum for the period of default.

                    Further, if this order is not complied with, then the complainant shall be entitled to the execution petition under section 71 of Consumer Protection Act, 2019 and in that eventuality, the opposite party may also be liable for prosecution under Section 72 of the said Act which envisages punishment of imprisonment, which may extend to three years or fine upto rupees one lac or with both.  Copies of this order be sent to the parties concerned, free of costs, as per rules.  File be consigned to the record room after due compliance. 

Announced.

Dated:18.04.2024