PRESENT

          Complainant –Absent.                                                          

         Opponent by Adv. Smt.Nutan Patel present.                    

                                      ORDER

(Per- Mr. S. D. MADAKE, Hon’ble President. )

1. The Complainant has taken ICICI Prudential Policy No. 09441481 (Smart Kid New Unit Linked RP) for Rs. 12,250.67 issued on 17.07.2008 for insurance cover of Rs. 1,20,000/-
2. The Complainant paid annual premium of Rs. 11,750/- on 23.07.2009. He paid Rs. 12,000/- through Credit Card issued by Opponent Bank and later on he paid Rs. 12,500/- back to Citi Bank.
3. The Complainant was shocked to receive sms with letter dated 31.07.2010 from Opponent stating that Rs. 26,000/- was charged to him as premium payment for policy from ICICI Prudential Life Insurance Company as premium.
4. According to Complainant he visited the office of Insurance Company and he was informed that they have reversed the amount to Citi Bank. He alleged that without his fault Insurance Policy was lapsed on 07.09.2010.
5. The Complainant alleged that official of Opponent stated that Opponent has not received the amount of Rs. 26,000/- from Insurance Company. He received mail from Insurance Company that Insurance Company refunded Rs. 26,000/- to Citi Bank.
6. The Complainant stated that on 06.05.2011, he was informed by Opponent that sum of Rs. 12,000/- was credited to his credit card. He lodged complaint at Borivali Police Station on 25.01.2012 and sent notice on 09.07.2012, however no steps were taken for compliance of notice.
7. The Complainant claimed compensation of Rs. 10,50,000/- for mental agony and Rs. 30,000/- for litigation expenses.
8. The Opposite Parties filed written statement and resisted the allegations made in the Complaint. The Complainant has unreasonably impleaded Opponent No. 1 who is an employee of Opponent No. 2. There is no deficiency in service on the part of Opposite Parties at any time.
9. The Opposite Parties stated that Complainant has intentionally impleaded ICICI Prudential Life Insurance Company as Opposite Party which is necessary party. There is no privity of contract between the Insurance Company and the Opponent No. 2.
10. The Opposite Parties stated that Citi Bank Credit Card is a medium of payment. The Complainant has used the card to pay premium for the insurance policy. The issuance and usage of credit card are governed by the terms and conditions of card member agreement which are binding on all customers.
11. The Opponent stated that Complainant raised a dispute with Opponent No. 2 alleging that premium amount debit authorized by him on his Credit Card for insurance policy was only Rs. 12,000/- and not Rs. 26,000/-. The Opponent immediately provided a temporary credit for Rs. 14,000/- on 09.08.2010 which is reflected in August, 2010 and initiated investigations with the acquiring bank.
12. The Opposite Parties stated that the fact that Citi Bank immediately provided temporary credit for the transaction disputed shows that Complainant was not put into any inconvenience by Opposite Parties on account of excess claim raised by Insurance Company.
13. The Opponents stated that Complainant was informed the fact that there was no refund of Rs. 26,000/- received from Insurance Company or banker. It is alleged that letter dated 09.12.2010 sent by Opposite Parties being an unsigned letter was an error, however contents of letter were true. The Complainant is not entitled to any relief.
14. We have heard learned advocate for Opposite Parties Adv. Nutan Patel. The Complainant has not filed written argument. The Opposite Parties submitted that written statement and affidavit of evidence be treated as written argument. We have considered all documents.
15. Admittedly Complainant has taken Insurance Policy namely ICICI Prudential police. He paid first installment of Rs. 12,250.67/- on 17.07.2008, second premium on 23.07.2009 and third premium on 27.07.2010 for Rs. 12,000/- through credit card.
16. The documents on record show that Opposite Party send message for payment of Rs. 26,000/-. The Complainant paid Rs. 12,000/- to Opponent Bank and Opponent Bank has given temporary credit of Rs. 14,000/-.
17. We have perused ICICI PRUDENTIAL LIFE INSURANCE Policy No. 09441481 for a period of twenty years i.e. 17.07.2008 to 17.07.2028. The sum assured is Rs. 1,20,000/-.
18. The Complainant has claimed compensation of Rs. 10,50,000/- (Ten lacs fifty thousand). The Opposite Party has alleged that the Complainant is not subjected to any mental agony or financial loss as immediately temporary credit was given to the Complainant.
19. The Complainant alleged that his policy was lapsed on 07.09.2010. In order to ascertain the reasons of lapse of policy, it was necessary on the part of Complainant to join Insurance Company as Opposite Party. The presence of Insurance Company was necessary for adjudication of Complaint.
20. The Complainant has to justify the claim of compensation and the same should be just, proper, equitable and reasonable. The Complainant has to justify the claim and also the negligence of persons responsible for wrong caused to Complainant. The Complainant has to consider relevant facts stated in section 12 of Evidence Act, 1872.
21. In the result we dismiss the Complaint due to want of evidence and give liberty to Complainant to file appropriate proceeding for compensation by adding all necessary parties.       
22. In the result, we pass the following order.  

                                         O R D E R

1.       RBT Complaint case No.316/2012   is dismissed.

2.       No order as to cost.

3.       Copy of this order be sent to both parties.