Sri.D.Krishnappa,<br /> President<br /> <br /> 1. The grievance of the Complainant against the Opposite parties who has approached this Forum is that the Opposite parties offered him a life time free credit card and he after accepting it received a phone call from the executives of the Opposite parties offering Good Health Insurance Policy (GHI), which he had accepted. But he surprised on seeing the payment statement, the Opposite parties have made 14 GHI policies on him in a single day that is on 29.05.2007 and charged him for Rs.7,326.21. Then he addressed a letter to the customer care Manager, Citi Bank, Chennai who informed him through a letter that his GHI policies have been canceled. But he again received another letter dated 05.08.2007 from Opposite parties claiming Rs.7,326.71. He once again wrote a letter to the Opposite parties on 07.08.2007, even then the Opposite parties did not stop sending letters and sending statements and messages through phone. After he sending a letter to the Opposite parties he received a letter from the customer Care Manager informing him to have reversed the interest charges of Rs.1,098.80 and late premium charges of Rs.1,850/- and there was no outstanding in his card, but he continued to receive messages from the Opposite parties demanding payments, therefore has stated that he has spent Rs.5,000/- towards sending letters, phone calls etc and to order for the refund of that amount and to pay compensation of Rs.90,000/-.<br /> 2. Notices were ordered against the Opposite parties on this Complaint, which have been served on them. One counsel namely P.T.P. filed a memo undertaking to file power for both the Opposite parties. Therefore, time was granted till 23.04.2008 for filing power and version, on that day the counsel who undertook to file power sought adjournment to file power, but extension of time was refused then the Opposite parties were called out they remained absent have been set-exparte and the Complaint was posted for Complainant’s affidavit evidence to 30.04.2008, on which date the Complainant has filed affidavit evidence reproducing the grievance he has raised in his Complaint. Heard the Complainant and perused the records.<br /> 3. The Complainant in support of his Complaint allegations, that when the executives of the Opposite parties contacted him through phone agreed for taking GHI policy, but the Opposite parties on single day that is on 29.05.2007 have made 14 GHI policies and charged him for Rs.7,326.71/-, has produced Xerox copies of the statement sent by Opposite parties to him. The grievance of the Complainant are reflected in the statement of the Opposite parties in which it is evident, on a single day the Opposite parties shown to have issued GHI policies 14 numbers and charged the Complainant for Rs.7,326.71. The Complainant aggrieved by such an act of the Opposite parties addressed a letter to customer care manager seeking certain clarification, in response to which the Customer Care Manager wrote a letter to the Complainant on 03.07.2007 having cancelled the GHI policies of June 2007, further showing the refund of the premium after the policy was cancelled. That again after this letter, the Opposite parties sent another statement dated 19.07.2007 showing a total amount of Rs.2,535.40 is due from the Complainant. The Complainant again on 07.08.2008 addressed a letter to the Customer Care Manager of Opposite parties to relieve him from mental agony by cancelling the policies and he also addressed another letter on 21.01.2008 as a reply to this letter, the Customer Care Manager addressed a letter to the Complainant on 28.01.2008 informing him and regretting on the inconvenience caused to the Complainant for having not sent satisfactory response and informed the Complainant as on that day there was no outstanding in his card and promising that the Complainant will not receive any payment call on his credit card and also through his mobile, but surprisingly the Opposite parties again on 28.01.2008 sent a statement to the Complainant showing Rs.3,364.68 as due to them from the Complainant and another letter dated 18.02.2008 informing the Complainant of due in a sum of Rs.1,742.52. The Opposite parties sent another statement of demand on 19.03.2008 showing the minimum amount due as Rs.337.08. and the Complainant addressed a letter to the Customer Care Manager who replied to the Complainant on 17.03.2008 promising to have reversed the total outstanding of his card account and further informing till that day there was no outstanding in the card account of this Complainant. <br /> 4. The allegation of the Complainant that he had consented for Good Health Insurance policy, but the Opposite parties shown to had made 14 such policies charging him for Rs.7,326.21 has been proved through the statement we have referred to. Thus the allegations of the Complainant made clear that the Opposite parties taking advantage of the telephonic consent given by the Complainant shown to had made 14 policies on the same day charging the Complainant for considerable amount. The Complainant it is found without waste of time addressed a letter to the customer care manager who promised to cancel the policies and they will not charge the Complainant for anything and he will receive the nil statement, but Opposite parties went on sending statements demanding various payments from the Complainant. Thus on considering the replies of the Customer Care Manager and statements of the Opposite parties sent to the Complainant, there emerges that the assurance given by the Customer Care Manager were not adhered to and as against that assurance the officials of Opposite parties went on demanding certain amounts without there being any contractual obligations on the part of the Complainant. Further allegation of the Complainant that the Opposite parties besides sending such statements claiming certain money were also troubling him through phone calls has not been denied. On consideration of the affidavit evidence of the Complainant, copies of the letter he has produced, statements of Opposite parties and replies sent by the Customer Care Manager of the Opposite parties abundantly prove that the Opposite parties have indulged in unfair trade practice for getting themselves enriched by victimizing and harassing the innocent customers. The Opposite parties though were given opportunity to appear and to defend the action of the Complainant have not chosen to do so. Therefore it is established that the Opposite parties by sending statement after statement have caused mental agony and harassment to the Complainant and therefore the Complainant has to be compensated by awarding damages. As the result we pass the following order:- <br /> ORDER<br /> <br /> 1. The Complaint is allowed.<br /> 2. The Opposite parties one and two are held jointly and severally liable for having indulged in unfair trade practice and are directed to pay a sum of Rs.5,000/- to the Complainant as damages for mental agony within 60 days from the date of this order failing which they shall pay interest at 6% p.a. from the date of this order till the date of payment.<br /> 3. The Opposite parties shall also jointly and severally remit a sum of Rs.5,000/- to the Legal Aid account of this Forum within 60 days from the date of this order failing which they shall pay interest at 6% p.a. from the date of this order till the date of payment.<br /> 4. The Opposite parties shall also pay cost of Rs.500/- to the Complainant.<br /> 5. Give a copy of this order to each party according to Rules.<br />