Haryana

Kaithal

CC/196/2022

Shish Pal - Complainant(s)

Versus

CPP Assistance Services Pvt. Ltd. etc - Opp.Party(s)

Sh. H.R. Wadhwa

17 Mar 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KAITHAL.

                                                     Complaint Case No.196/2022.

                                                     Date of institution: 10.08.2022.

                                                     Date of decision:17.03.2023.

Shish Pal (Aadhar Card No.8205 925 0287) S/o Sh. Risala Ram, R/o H.No.515, Khurana, Tehsil & District Kaithal.

                                                                        …Complainant.

                        Versus

1. CPP Assistance Services Pvt. Ltd., Ground Floor, Wing A, Gold View Corporate Tower, Gold Course Road, Sector-42, Gurgaon-122002, Haryana, through its M.D.
2. HDFC ERGO General Insurance Company Ltd., SCO No.237, 2^nd floor, Sector-12, Karnal, Haryana-132001 through its Branch Manager. 

….Respondents.

        Complaint under Section 35 of the Consumer Protection Act

CORAM:     SMT. NEELAM KASHYAP, PRESIDENT.

                SMT. SUMAN RANA, MEMBER.

                SH. SUNIL MOHAN TRIKHA, MEMBER.

       

Present:     Sh. Hem Raj Wadhwa, Advocate, for the complainant.   

                OP No.1 exparte.

                Sh. Sudeep Malik, Advocate for the OP No.2.

               

ORDER

NEELAM KASHYAP, PRESIDENT

        Shish Pal-Complainant has filed this complaint under Section 35 of Consumer Protection Act, 2019 (hereinafter referred to as ‘the Act’) against the respondents.

                In nutshell, the facts of present case are that the complainant has facility of SBI Credit Card No.4209 0586 1430 4292 valid upto 02/2027 and complainant has taken CPP Cards Protection Plan from the OP No.1 and his membership number is 1AD694362 and the same is providing a comprehensive plan which protects the complainant in case of the loss caused on the credit card.  It is further alleged that as per plan, an amount of Rs.2499/- as membership was charged from the complainant for Card Protection Premium + Plan which started from 20.02.2022 to 20.02.2023.  It is further alleged that the complainant through OP No.1 got insured the said plan with the OP No.2 vide policy No.2999202475614400000.  It is further alleged that on 03.03.2022, the complainant had received a mobile call from mobile No.8821832392 on his mobile and told the complainant that some gift voucher has been issued on the SBI Card of the complainant and the said accused-person has taken the knowledge of his credit card.  The said person had requested the complainant to send OTP message.  After few minutes of said OTP message sent to him, an amount of Rs.1,00,000/- has been debited from the SBI Debit Card.  The complainant contacted SBI Credit Card authorities through toll free No.1860 180 1290 and SBI Card Authorities informed the complainant through e-mail on 09.03.2022 that on 03.03.2022 payment of Rs.1,00,000/- has been made to Gyftrvi Gurgaon.  It is further alleged that the complainant moved an application on 11.03.2022 to the Incharge Cyber Crime, Kaithal.  The police of Cyber Crime Police Station, Kaithal has lodged a FIR bearing No.0001 dt. 01.07.2022 under Sections 419, 420.  The complainant repeatedly requested the OP No.2 to make the compensation as per policy of the OPs but they did not redress the grievances of complainant.  So, it is a clear cut case of deficiency in service on the part of respondents and prayed for acceptance of complaint.     

2.            Upon notice, the OP No.2 appeared before this Commission, whereas OP no.1 did not appear and was proceeded against exparte vide order dt. 04.10.2022 of this Commission. 

3.             Op No.2 contested the complaint by filing their written version that respondent-insurance company had already paid an amount of Rs.1,00,000/- to the complainant on 08.09.2022 vide UTR No.N251222112453599 and nothing more is to be paid now; that there is no deficiency in service on the part of answering OP.  On merits, the objections raised in the preliminary objections are rebutted and so, prayed for dismissal of complaint.

4.             We have heard the learned Counsel for both the parties and perused the record carefully.

5.             Ld. counsel for the applicant-OP No.2 argued that the respondent insurance company had already paid an amount of Rs.1,00,000/- to the complainant on 08.09.2022 vide UTR No.N251222112453599 and nothing more is to be paid now and hence, prayed for dismissal of complaint.

6.             On the other hand, ld. counsel for the respondent-complainant has argued that complainant has taken CPP Cards Protection Plan from the OP No.1 and his membership number is 1AD694362 and the same is providing a comprehensive plan which protects the complainant in case of the loss caused on the credit card and as per plan, an amount of Rs.2499/- as membership was charged from the complainant for Card Protection Premium + Plan which started from 20.02.2022 to 20.02.2023.  It has been further argued that the complainant through OP No.1 got insured the said plan with the OP No.2 vide policy No.2999202475614400000.  It has been further argued that the loss of Rs.1,00,000/- was occurred by the complainant on 03.03.2022 and the amount of Rs.1,00,000/- was paid by the Insurance Company-OP No.2 to the complainant on 08.09.2022 i.e. during the pendency of present complaint and so, he prayed for compensation on account of physical harassment and mental agony as-well-as litigation expenses.

7.             From the above facts and circumstances of the case, it is clear that the loss of Rs.1,00,000/- was suffered by the complainant on 03.03.2022.  The present complaint was filed by the complainant on 10.08.2022 and the amount of Rs.1,00,000/- was paid to the complainant on 08.09.2022 i.e. after filing the present complaint.  So, we direct the OP No.2 to pay Rs.5,000/- as compensation for physical harassment and mental agony and to pay Rs.5,000/- as litigation charges to the complainant within 45 days.  Hence, in view of aforesaid discussion, the application moved by the OP No.2 for dismissal of present complaint is hereby dismissed and resultantly, the present complaint is accepted accordingly against OP No.2 and dismiss the complaint against OP No.1.   

8.             In default of compliance of this order, proceedings against respondent No.2 shall be initiated under Section 72 of Consumer Protection Act, 2019 as non-compliance of court order shall be punishable with imprisonment for a term which shall not be less than one month, but which may extend to three years, or with fine, which shall not be less than twenty five thousand rupees, but which may extend to one lakh rupees, or with both.  A copy of this order be sent to both the parties free of cost.  File be consigned to the record room after due compliance.     

Announced in open court:

Dt.:17.03.2023.

                                                                (Neelam Kashyap)

                                                                President.

 

(Sunil Mohan Trikha),           (Suman Rana),          

Member.                            Member.

 

Typed by: Sanjay Kumar, S.G.