SMT. RAVI SUSHA  : PRESIDENT

     Complainant has filed this complaint U/S 35 of Consumer Protection Act 2019,seeking to get an order directing  opposite parties to repay  Rs.28665.74/- debited  from his account kept in 2^nd OP Bank together with Rs.2,00,000/- towards compensation and cost to the litigation expense.

   Brief facts of the complainant’s case are that as per the assurance given by the  agents of 1^st OP, complainant had paid premium of  Rs.19759.10/- to 1^st OP and  taken  insurance policy of 1^st OP.  1^st OP had further obtained signature of complainant in the application form and many papers .  Complainant further submitted that on getting the insurance certificate, it was realized that the policy was of Appollo Munch Health Insurance, protection coverage, health coverage etc.  On enquiry with the agents of 1^st OP, they had not given proper explanation.  Hence the complainant had given  oral and written request to OPs 1&2 not to debit yearly premium amount from his account to the policy.  But 2^nd OP without  the knowledge  and consent of the complainant had debited Rs.28665.74/- from his account kept with 2^nd OP bank and credited towards the account of 1^st OP as premium amount.  Complainant alleges deficiency in service and unfair  trade practice on the part of  the OPs and claiming the said amount from the OPs with compensation for the  mental agony and financial loss happened to  him.

  After receiving notices OPs 1&2 filed separate written version.  1^st OP has stated that complainant is not a consumer of 1^st OP and they have not issued any policy to the complainant.  It is further submitted  that they have no connection with Appollo Munich Health Insurance company Ltd.  1^st OP does not have any arrangement with  Health Insurance policy.  Hence prayed delete from the  party array.

     2^nd OP  denies the allegations in the  complaint and those  are specifically admitted. According to 2^nd OP the 1^st OP has issued health insurance policy to the complainant on 6/12/2019 is not known to 2^nd OP and also that 1^st OP had  obtained some documents signed by the complainant for debiting  his account with 2^nd OP was not convincing the complainant is false .  The debit instruction  was duly signed by the complainant with  his full knowledge.  1^st OP  has obtained NACH mandates for  debiting the premium from the account of complainant and  1^st OP has presented the same before  2^nd OP in accordance with the mandates given  by the complainant. 2^nd OP submitted that the said debit instruction of complainant was given  to them and they have  debited  Rs.21008/- on 27/11/2020, Rs.6025.74 on 27/11/2020, Rs.1618/- on 17/12/2020 and Rs. 14.00 on 17/12/2020 to 1^st OP.  Further submitted that the letter of complainant to  cancel the NACH mandate was received by them only on 31/12/2020 but prior to that  date the above said amount was debited from the complainant’s account with them, to 1^st OP.  So they are unable to return the amount to the complainant’s account.  It is further submitted that  2^nd OP has not misbehaved or insulted the complainant and that  there is no deficiency in service on the part of 2^nd OP. Hence liable to be dismissed. 

    During the pendency of this complaint complainant has submitted interrogatories to 2^nd OP and  2^nd OP has submitted answers to the  interrogatories.

   At the evidence stage complainant filed chief-affidavit and documents.  He has been examined as PW1 and marked Exts.A1 to A6.  Complainant has been  subject to cross-examination by OPs and marked Ext.B1.  On the side of OPs, Branch Manager of 2^nd OP filed his proof affidavit and was examined as DW1.  He was cross examined by the complainant.

   After that the learned counsel of complainant and 2^nd OP filed their written argument notes.

   We have perused the documents available before us and also considered the submissions of parties.

     The main allegation of the complainant is that as per the assurance given by the  agents of 1^st OP, he had paid premium of  Rs.19759.10/- to 1^st OP and  taken  insurance policy of 1^st OP.  1^st OP had further obtained signature of complainant in the application form and many papers.  Further submitted that on getting the insurance certificate, it was realized that the policy was of Appollo Munch Health Insurance, protection coverage, health coverage etc.  On enquiry with the agents of 1^st OP, they had not given proper explanation.  Hence the complainant had given  oral and written request to OPs 1&2 not to debit yearly premium amount from his account to the policy.  But 2^nd OP without  the knowledge  and consent of the complainant had debited Rs.28665.74/- from his account kept with 2^nd OP bank and credited towards the account of 1^st OP as premium amount.  Complainant alleges deficiency in service and unfair  trade practice on the part of  the OPs and claiming the said amount from the OPs with compensation for the  mental agony and financial loss happened to  him.

   1^st OP submitted that 1^st OP has not issued any policy to the complainant and  they have no connection with Appollo Munich Health Insurance company Ltd.  1^st OP does not have any arrangement with Ext.A1 Health Insurance policy.  1^st OP contended that as the complainant does not have any connection with them , the complainant is not a consumer of 1^st OP.

   2^nd OP has taken a different contention that the averment of the complainant that 1^st OP had  obtained some documents signed by the complainant for debiting  his account with 2^nd OP was not convincing the complainant is false .  The debit instruction  was duly signed by the complainant with  his full knowledge.  2^nd OP submitted that the said debit instruction of complainant was given  to them by 2^nd OP, hence they have  debited  Rs.21008/- on 27/11/2020, Rs.6025.74 on 27/11/2020, Rs.1618/- on 17/12/2020 and Rs. 14.00 on 17/12/2020 to 1^st OP.  Further submitted that the letter of complainant to  cancel the NACH mandate was received by them only on 31/12/2020 but prior to that  date the above said amount was debited from the complainant’s account with them, to 1^st OP.  So they are unable to return the amount to the complainant’s account.  Exts.B2&B3 are the NACH given by complainant to 1^st OP to debit the amount. Ext.B1 also shows that the above said amount was withdrawn from the complainant’s account and credited to the account of 1^st OP.  From Exts,B1 to B3, the contention of 1^st OP, that they have no connection with complainant and they have not received any amount from the complainant, does not withstand.  Moreover in Ext.A1, though the  policy named Appollo Munich Health Insurance, 1^st OP HDFC Life also has connection with the said Health Insurance.  So from Ext.A1, Exts.B1 to B3 complainant’s allegation can be  believed.  Further in page No.2 of Ext.A1, it is stated that the financial consultant is Ms. Anjali Nicoloas, the agent of 1^st OP and  are  of the Authorized signatory is 1^st OP, HDFC Life Insurance company Ltd.  Further Ext.A4 shows that the complainant had given request to 2^nd OP to cancel the standing instruction, was on 31/12/2020 which shows  that Ext.A4 was given  after debiting Rs.28665.74/- by 2^nd OP to 1^st OP.  Further complainant does not have a case that 2^nd OP has debited further amount after Ext.A4.  Hence from the available evidence we are of the  view that there is no deficiency in service on the part of 2^nd OP bank.  Further Ext.A3  is the insurance of Star Health and Allied Insurance company taken by the complainant on 27/11/2020 through portability facility.  Complainant  alleged that Appollo Munich Health Insurance company is not in existing.  Here it is pertinent to be noted  that nobody representing  1^st OP has given their evidence for establishing their contentions in the version and discard the allegations of the complainant against them.  Hence, the  contention of 1^st OP in the version cannot be accepted.  Moreover, from the available evidence Exts.A1, B1 to B3 and from the contention of 2^nd OP, it is evident that the amount Rs.28665.74 /- as alleged by the complainant has been credited to the account of 1^st OP as premium amount  but 1^st OP had not issued their policy certificate to the complainant.  Hence there is deficiency in service on the part of 1^st OP.  So, 1^st OP has to reimburse the said amount to the complainant with compensation.

      In the result complaint is allowed in part. 1^st opposite party is directed to pay Rs.28665.74/-  with  interest @4% per annum from the date of complaint till realization  to the complainant together with Rs.10,000/- towards compensation and Rs.5000/- towards cost of  the litigation.  1^st opposite party shall pay the amount within one month after receipt of the certified copy of this order.  Failing which, the amount Rs.28665.74+ 10,000/- carries  interest @12% per annum from the date of complaint till realization.  The complainant is at liberty to execute the order as per provision of Consumer Protection Act 2019.

Exts:

A1- Policy document issued  by 1^st OP

A2- premium receipt dtd.18/11/2020

A3-Insurance certificate issued by star health

A4-letter issued to 2^nd OP dtd.30/12/2020

A5-letter dtd.31/12/2020

A6- postal receipt

B1-statement of account of PW1

B2& B3- Copy of NACH Mandates  submitted by PW1 to 1^st OP

PW1-Mannel Thomas-complainant

DW1-Adarsh.P-2^nd OP

Sd/                                                         Sd/                                                     Sd/

PRESIDENT                                             MEMBER                                               MEMBER

Ravi Susha                                       Molykutty Mathew                                    Sajeesh K.P

eva           

                                                                        /Forwarded by Order/

                                                                   ASSISTANT REGISTRAR