Charanjit Singh, President
1 The complainant has filed the present complaint by invoking the provisions of Consumer Protection Act under Section 12 and 13 against the opposite parties on the allegations that in the year 2012 the complainant approached the opposite party bank for opening an account. The said bank gave an account No. 50100148757456 to the complainant. In the year 2017 said branch of HDFC Bank was transferred to village Kairon, Tehsil Patti, District Tarn Taran. The opposite party No. 1 has enticed the complainant for getting the credit card with a limit of Rs. 1,00,000/- and issued a credit card on the name of complainant without his consent. The complainant has a health policy in the said bank and he was suffering from black jaundice (Kala Piliya) and admitted in the hospital. At that time family members of complainant met to bank authority for claiming policy but the said bank told to the complainant after discharge from the hospital they will arrange the funds. During the period of his treatment and in his absence, the opposite party No.1 namely Amritpal Singh has issued a policy bearing No. 20203066 of Rs. 80,487.65 in-connivance with opposite parties No. 2 to 4 without any intimation and Rs. 80,487.56 was debited from his credit card by H.D.F.C. Bank. The complainant demanded the policy but the opposite parties putting off the matter under one pretext or the other in the presence of witnesses Malkit Singh son of Hardial Singh, Jasbir Singh alias Ladu both residents of village Nathuke, Tehsil Patti, District Tarn Taran. The complainant moved an application No. Dasti 543 dated 22.6.2018 to DSP Patti against above said opposite parties for taking necessary action against them regarding issuance the above said policy NO. 20203066. Then the above said opposite parties made a declaration that policy No. 20203066 is in the name of Ninder Singh. This policy was issued by the bank and request for return the policy has been sent and amount of policy has been credited in the credit card on 6th September 2018. The complainant never used the credit card but above said opposite parties in-connivance with each other issued a policy without any consent of complainant and interest of credit card of Rs. 26,580/- is still due/ standing on the name of complainant. The complainant has requested the opposite parties many a times to remove the interest of credit card of Rs. 26,580/- but the opposite parties refused to accept the request of the complainant. The complainant has prayed that the opposite parties may be directed:
- To remove the interest of credit card of Rs. 26,580/-
- To pay Rs. 50,000/- as compensation
- To pay Rs. 20,000/- as litigation expenses.
Alongwith the complaint, the complainant has placed on record his affidavit Ex. C- 1, affidavit of Malkit Singh so of Hardial Singh resident of village Nathu Ke Tehsil Patti, District Tarn Taran Ex. C-2, Self attested copy of bank Statement Ex. C-3, Self attested copy of Adhar Card Ex. C-4, Self attested copy of complaint to DSP Patti Ex. C-5, Self attested coy of declaration regarding policy No. 20203066 by bank Ex. C-6, Self attested copy of credit Card Ex. C-7.
2 Notice of this complaint was sent to the opposite parties and opposite party Nos. 1, 2 appeared through counsel and filed written version by taking preliminary objections that the complaint filed by the complainant is not maintainable either in law, facts and circumstances of the case and is liable to be dismissed in limine. The complainant-Ninder Singh himself availed the Life Insurance Policy of HDFC Life Insurance on 20.3.2018 through pre-conversation verification and for this, he himself gave his approval for obtaining the Life Insurance Policy and requisite premium against the policy was debited in the bank account of the complainant and as per which the insurance company issued policy in favour of the complainant. The complainant was at liberty and to go through the terms and conditions of the policy on receipt of policy documents as well as to raise any objection/ complaint regarding the policy within free look period of 15 days or within any reasonable period but the complainant failed to do so and the contract of the insurance policy attained finality and the life insurance company continued to provide coverage to the complainant. The policy is legal contract between the insurer and insured and the parties to it are bound by its terms and conditions. Thereafter, the complainant himself moved an application to the HDFC Life Insurance Policy to get cancel his above mentioned policy on account of some health issues for the complainant and he was in need of money for his medical treatment. After considering the request of the complainant, HDFC Life Insurance Company refunded back the amount in the bank account of the complainant and the complainant has already received the said refunded amount thereby admitting the same to be correct and no objection with regard to refunding back the amount of policy. The complainant has suppressed, distorted and concealed vital and material facts germane to the issue. The present complaint is bad on account of non joinder and mis joinder of necessary parties, because the complainant Ninder Singh got obtained the life insurance policy from HDFC Life Insurance and the opposite party No. 1 HDFC Bank and HDFC Bank Insurance are different entities and they are no any concern with the affairs of each other. The complaint is false, frivolous and vexatious in nature and has been filed in order to cause under harassment to the opposite parties, as such the complainant is liable to pay penalty as provided under the Consumer Protection Act, 1986 as amended up to date. The complainant is estopped by his act and conduct from filing the present complaint. The complainant has got no cause of action to file the present complaint. On merits, it was pleaded that the complainant availed the policy of credit card with his own free sweet will and without any pressure or influence of any person. The complainant himself availed the Life Insurance Policy of HDFC Life Insurance on 20.3.2018 through pre-conversation verification and for this he himself gave his approval for obtaining the life insurance policy and requisite premium against the policy was debited in the bank account of complainant. The opposite parties have denied the other contents of the complaint and prayed for dismissal of the complaint. Alongwith the written version, the opposite parties have placed on record affidavit of Harpreet Singh Branch Manager HDFC Bank Branch Kairon Ex. OP-1, self attested copy of Pre Conversation Verification Ex. OP-2, Copy of application received on dated 15.6.2018 Ex. OP-3, request for return of Policy dated 17.7.2018 Ex. OP-4, Copy of Money Back Platinum Ex. OP-5.
3 Previously, the opposite parties No. 3 and 4 appeared through counsel Sh.S.K Vyas Advocate but later-on Sh. SK Vyas Advocate withdrawn the power of attorney on behalf of opposite parties No. 3 and 4 on 5.4.2019 and Thereafter, Ld. counsel for the complainant has withdrawn the present complaint against the opposite parties No. 3, 4 vide his statement dated 9.5.2019 and accordingly, the present complaint was dismissed as withdrawn against opposite parties No. 3 and 4 vide order dated 9.5.2019 of this Commission.
4 The complainant has filed rejoinder to the written version filed by the opposite parties No. 1, 2 and controverted the stand as taken by the opposite parties No 1 and 2 in their written version and reiterated stand.
5 We have heard the Ld. counsel for the complainant and opposite parties No. 1 and 2 and gone through the record.
6 The combine and harmonious reading of the pleadings and documents placed on record proves that the complainant opened the a bank account bearing No. 50100148757456 with HDFC Bank branch Kairon, District Tarn Taran. Further as per version of complainant a credit card was issued with the limit of Rs. 1,00,000/- without the consent of the complainant. The counsel for the complainant further contended that a policy was issued in connivance with the opposite parties No. 2 to 4 without any intimation and a sum of Rs.80,487.56 Paise was debited from the credit card of the complainant. When the complainant came to know the deduction of amount of Rs. 80,487.65 Paise, he moved an application to the DSP Patti No. Dasti 543 dated 22.6.2018 where he stated that a policy No. 20203066 has been issued in the name of complainant without the consent of the complainant, whereby an amount of Rs. 80,487.65 Paise was deducted from the credit card. As per version of the complainant, he has never used the card in any manner but due to act of opposite Party No. 1 an interest of credit card amount of Rs. 26,580/- has been raised by the opposite party No.1 and as such he prayed to remove/ quash the interest of credit card. The opposite party No. 1 has taken specific objection that H.D.F.C. Life Insurance policy was obtained by the complainant on 20.3.2018 through pre-conversation verification and for this he has given approval for obtaining the policy and on the request of complainant same was cancelled by H.D.F.C. Life Insurance as he was in need of money for his medical treatment and said amount was refunded back in the account of the complainant. We are of the considered view that though the policy was issued by the opposite party No. 1 through pre-conversation verification as per Ex. OP2, the complainant has also requested to the opposite party i.e. H.D.F.C. Life Insurance Tarn Taran to cancel the policy and refund the amount in his bank account vide two letters Ex. OP/2 and OP/3 and these letters were duly received by H.D.F.C. Bank Ltd. Branch Kairon District Tarn Taran. On the request of complainant, the said amount which was never incurred by the complainant to obtain the policy was refunded to the bank account of the complainant. As such, opposite party No. 1 cannot take plea that H.D.F.C. Life Insurance and H.D.F.C Bank are different entity and interest on credit card cannot be waived by the HDFC Bank. The opposite party No. 1 has settled the matter and refunded the main amount as such, the opposite party No. 1 is liable to remove the interest on that amount which they have returned to the complainant. The complainant has specifically mentioned that he has never used his card in any other transaction except this policy amount. As such, amount of Rs. 26,579/- is liable to be removed/ quashed. By not removing the above amount the opposite party No. 1, it amounts to deficiency in service and unfair trade practice.
7 In view of the above discussion, the present complaint is accepted and the opposite party No. 1 is directed to remove the interest of Rs. 26,580/- from the account of complainant. The present complaint against the opposite parties No. 2 to 4 is dismissed. The complainant is also entitled to Rs. 3,000/- (Rs. Three Thousand only) as compensation on account of harassment and mental agony and Rs 2,500/- (Rs Two Thousand and Five Hundred only) as litigation expenses. Opposite party No. 1 is directed to comply with the order within one month from the date of receipt of copy of the order, failing which the complainant is entitled to interest @ 9% per annum, on the awarded amount, from the date of complaint till its realisation. Copy of order be supplied to the parties free of costs as per rules. File be consigned to record room.
Announced in the Open Commission
10.11.2021
