Complainant Ajay Kumar has filed the present complaint against the opposite parties U/S 12 of the Consumer Protection Act (for short, C.P.Act.) seeking necessary directions to the opposite parties to pay the deducted amount from his account of Rs.2655/- alongwith 12% interest. Opposite parties be further directed to pay Rs.50,000/- on account of harassment and mental pain alongwith Rs.20,000/- as litigation expenses and deficiency in service, in the interest of justice.
2. The case of the complainant in brief is that he was policy holder vide policy no.000307538 dated 12.05.2014 which was purchased from opposite party no.1 and 2 from Branch DPLI Ahmedanagar, serial no.826631 receipt no.AGNAHM003/07/RV/0021302924. He is having saving account in the bank of opposite parties no.3 and 4 vide account No.20033371897. He filed consumer complaint before the President District Consumer Disputes Redressal Fourm, Gurdaspur on 26.02.2019 vide CC No.74/2019 which was decided on 28.05.2019. The matter was compromised between him and opposite party no.1 and 2 and they paid the amount settled in the compromise. That after four months the bank i.e. opposite party no.3 and 4 deducted an amount of Rs.295/- per month. On 6.8.2019 amount of Rs.295/- and on 24.8.2019 amount of Rs.295/- seven times and again on 14.9.2019 amount of Rs.295/- was deducted from his saving account and he approached his bank i.e. opposite party no.3 and 4 and inquired about reason of deduction from his saving account, but they did not give any satisfactory reply and told him that the money is being deducted from the account on the instruction of opposite party no.1 and 2. As such, it is clear that opposite party no.1 and 2 illegally deducted the amount of Rs.2655/- from his account which is again clear cut deficiency in service and also cheating. Prior to this, he also got served three legal notice to opposite parties i.e. two separate notice (one notice to opposite party no.1 and 2 and one notice to opposite party no.3 and 4) and one joint legal notice to the opposite parties and requested them to stop the deduction from his saving account and further requested to pay an amount of Rs.2655/-, but all in vain. Due to deficiency of service of opposite parties he suffered monitory loss and mental as well as physical agony. Hence this complaint.
3. Notice of the complaint was issued to the opposite parties. Opposite party no.1 and 2 appeared through their counsel and filed their written reply by taking the preliminary objections that the complainant after completely understanding the terms and conditions of the policy contracts, applied for the insurance policy. This is to confirm that the Policy no.00307538 issued to Mr.Ajay Kumar was cancelled in the month of April, 2019 and a Demand Draft No.855614 of Rs.75083/- was given to Mr.Ajay Kumar as full and final settlement before the Hon'ble District Consumer Disputes Redressal Forum, Gurdaspur, Punjab. This transaction was also taken on record by the Hon'ble Court and the complaint no.CC/74/2019 filed by Mr.Ajay Kumar was disposed off vide order dated 28.5.2019.
This is further to submit that following are the details Policy No.00307538:-
Policy No. : 00307538
Application No. : DF000279019
Policy Insurance Date : 27.05.2014
Policy Holder : Ajay Kumar
Premium Amount : Rs.1991/-
Premium Mode : Monthly
Term : 30 years
Premium Payment Term : 12 years
The policyholder was required to make the payment of Premium amount regularly, however, the company had not received any premium payment after 31.12.2017. Since the policy was cancelled in April, 2019, hence the company neither raised any request nor authorized any bank to debit the account of Mr.Ajay Kumar. The opposite parties received legal notice in October 2019 with respect to unauthorized deduction from his bank account and the same was replied by the company vide reply dated 1.11.2019. On merits, it was admitted that the complaint was amicable settlement with the complainant. All other averments made in the complaint has been vehemently denied and lastly prayed that the complaint may be dismissed with costs.
4. Opposite parties no.3 and 4 appeared through their counsel and filed their written reply taking the preliminary objections that the complaint is not maintainable in the present forum; no cause of action has accrued to the complainant against the opposite parties for filing the present complaint and the complainant has not come to the Commission with clean hands and filed the present false complaint by concocting a false story and dragged the opposite parties in false litigation, as such the complainant is liable to be burdened with special costs. On merits, it was submitted that the amount in question has been deducted as from 1.6.2017 to 31.10.2017, there was no money in the account of complainant, but on the other hands the opposite party no.1 was presenting cheques issued by the complainant to the opposite party no.1. On account of this an amount of Rs.295/- per transaction was recoverable from the complainant and the same has been recovered by Electronic Cheque System (ECS) of opposite parties, when the complainant deposited money in his account. The amount in question has been legally and rightly deducted from the account of complainant automatically and the complainant as fully apprised in this regard. But the complainant has filed the present complaint by setting up totally false and concocted story. It was next submitted that the amount has been legally and rightly deducted from the account of complainant. All other averments made in the complaint has been vehemently denied and lastly prayed that the complaint may be dismissed with costs.
5. Alongwith the complaint, complainant has filed his own affidavit alongwith copies of documents Ex.C-1 to Ex.C-11.
6. Ld. counsel for the opposite party no.1 and 2 tendered into evidence affidavit of Sh.Parmal Singh Manager Legal Ex.OP-1,2/1 alongwith copies of documents Ex.OP-1,2/2 to Ex.OP-1,2/6 and closed the evidence.
7. Opposite party no.3 and 4 filed affidavit of Sh.Naval Mahajan, Chief Manager Ex.OP-3,4/1 alongwith copies of documents Ex.OP-3,4/2 to Ex.OP-3,4/4.
8. Rejoinder filed by the complainant.
9. Written arguments filed by the parties.
10. We have carefully gone through the pleadings of counsel for the parties; oral arguments advanced by their respective counsels and have also appreciated the evidence produced on record with the valuable assistance of the learned counsel for the parties for the purposes of adjudication of the present complaint.
11. In the present complaint, complainant Ajay Kumar had earlier arrived at a compromised on 28.05.2019 under the order of this Commission and has further alleged that even after compromise opposite party no.3 and 4 are deducting the amount of Rs.295/- per month and has placed on record Ex.C-5 to further his claim. This deduction by opposite party no.3 and 4 is clearly beyond the terms of the compromise.
12. In view of the above facts and circumstances, we partly allow the present complaint and opposite party no.1 and 2 are directed to refund the amount deducted post the compromise date i.e. 28.05.2019 alongwith interest @ 8% p.a on the said amount from filing of the complaint till its realization. Opposite party no.1 and 2 is further directed to pay Rs.5000/- as litigation expenses to the complaint. Compliance of the order be made within 30 days of the receipt of the copy of the order
13. The complaint could not be decided within the stipulated period due to heavy pendency of Court Cases, vacancies in the office and due to pandemic of Covid-19.
14. Copy of the order be communicated to the parties free of charges. After compliance, file be consigned. (Naveen Puri)
President
Announced: (Raghbir Singh Sukhija)
July 15, 2022 Member
*MK*
