This is a complaint U/s 12 of the Consumer Protection Act, 1986 with the prayer for direction upon O.P to/Bank to refund Rs 1119/- arbitrarily deducted from his account and also for compensation of Rs 25,000/- for unnecessary harassment and mental pain.

The case of the complainant in short is that he has a savings account at the Kaliaganj Branch of the O.P/Bank being number 50100081839826. He had some urgent requirement of money and for that reason he decided to withdraw the total money deposited in his account after closing the same. He requested the bank  on 02.01.16 for such closure of account and he was told that a charge of Rs 1119/- will be deducted in closing the account and he was asked for Net Banking Password. As he was in urgent need of money he complied. At the relevant time he has Rs 6,200/- in his credit in that account. He was supplied with a closure Form and asked to sign there and also asked to sign on cheque showing amount Rs 5,100/- which he complied and deposited the cheque and thereafter he received Rs 5,100/- from the bank.  On that day he also received 4 SMS in- his mobile , first showing that Rs 1,119/- has been deducted from his account, second showing the fact that an Accident Insurance Policy number 3317100095757600000 opened in his favour and another SMS, second part of the Policy and the last fourth SMS showing that he has withdrawn Rs 5100/- from his account.

Complainant alleges that he was surprised to know about the accident policy purchased in his name from the account. That, he never gave any permission to the bank for such purchase of accident policy in his favour. He immediately contacted to the Manager of the bank. The Manager only supplied him print copy of the policy paper. When the complainant asked the Manager as to why the policy was issued behind his knowledge then the manager informed him that to close an account in the bank such amount of money is deducted for the policy. Complainant wanted any written order/ information of the bank in this regard but he was not supplied with any document in this regard. The complainant alleges that the bank arbitrarily and illegally deducted Rs 1119/- from his account and started the Accident Ins. Policy without his permission, behind his knowledge causing him financial loss. Complainant therefore come up with this petition before this Forum with a prayer of direction upon O.P/Bank to refund Rs 1119/- and also prays for compensation for deficiency in service and negligence of the O.P/Bank causing mental harassment of the complainant.

O.P appeared and contested the case by filing written version, wherein they categorically denied the allegations of the complainant. O.P. made a very elaborate written statement assailing the complaint. O.P admitted that complainant having an account in the O.P/Bank, but stated that he has no cause action to file this complaint. That, the case is bad for non joinder of the H.D.F.C.ERGO Insurance Company as a necessary party. O.P stated that complainant himself contacted the bank’s branch for availing Accident Ins. Policy and O.P/Bank suggested to contact H.D.F.C. ERGO for such purpose. Then complainant requested the bank to help him to book the policy online as he as Net Banking user but do not know the link. Then the representative of the bank assisted him in knowing the Website link which complainant need to follow to complete the process of Insurance booking. O.P has no other role in booking the policy . O.P  never acted as an agent or service provider of the Ins. Co. The account of the complainant was debited on line by O.P/Bank without any manual intervention for booking Rs 1119/- in favour of H.D.F.C.ERGO General Ins. Co. Ltd. That, on 02.01.16 the Manager of the O.P/Bank was on leave and complainant made false allegation by making a concocted story against the Manager only to falsely drag O.P/Bank in this case. O.P admits that complainant has withdrawn Rs 5,100/- on that day by cheque No.01 and only enquired the process of closure of account. That, he obtained account closure Form but yet to submit the same to O.P/Bank. That, complainant had an independent transaction with H.D.F.C.ERGO Ins. Co. with clear knowledge and consent of his own. O.P has not commit6ted any unfair trade practice and has no negligence and deficiency in service. O.P prays for dismissal of the case with cost.  

DECISION WITH REASONS

Petitioner has been examined as P.W.1and one Soumik Mukherjee, Br. Manager of   O.P/bank is examined as O.P.W. 1. Petitioner filed documents like Xerox copy of policy schedule and photo copy of mobile SMS. No document has been filed by O.P/Bank. The petitioner as p.w.1 deposed according to his petition of complaint. In cross examination he deposed that the account was opened 8/9 months before the incident. He never made any transaction over the account visiting the bank during the period. But he visited the bank 2/3 times. That, he has Net Banking facility and he knows one time Password given by the bank for each and every transaction and knows that password is vey confidential. He denied that he received one time password in his mobile phone for Net Banking transaction. In cross examination he further depose that he was supplied with a blank Form for closing the account by the bank and his signature was procured by the banking staff in that Form. That, he did not fill up the Form but let the same to be filled up by the staff of the bank. He cannot say whether the account was closed or not. On that day he withdraw Rs 5100/- by cheque . He alleges that without his instruction the bank opened accidental Insurance Policy from his account in his favour. That, he complaint the matter to the Branch Manager verbally and manager forced the staff to hand over the policy paper and he demanded refund of the money deducted from his account. He had no knowledge whether personal data were provided online in opening the policy or scanning the signature for this purpose. He denied the allegation that for opening the policy he closed his bank account and filed this case to harass the bank etc.    

Manager of the O.P/Bank deposed as O.P.W.1 and denied all the allegations of the complainant. He admits that complainant is the customer of the O.P/Bank. That, Sri Saikat Banerjee was his predecessor as Branch Manager and he has no personal knowledge about closing of account by petitioner Uttam Dhar. That, anybody closed the account within one year of the opening; he has to pay charges which vary from time to time. He also admits in cross examination that petitioner verbally communicated with the bank for closure of his savings account and he was asked to communicate the same in writing but he did not comply. That, H.D.F.C.ERGO General Ins. Co. Ltd. is one of their wings but separate entity. That, O.P did not produce the statement of account of Uttam Dhar. That, one can purchases Ins. Policy through his account with the bank. If the customer intends to receive the proposal Form the bank can facilitate the process by providing proposal Form, taking the Form from Insurance Wing. At the same time this O.P admits that the bank cannot make any specific transaction verbally from any account without any instruction from the customer in writing. He cannot say whether Rs 1119/- was debited from the account of Uttam Dhar without going through his statement of account. That the purchaser of Ins. Policy through the bank receives policy paper directly from Insurance wing.

From the evidence of both sides it is proved that complainant opened the account 8/9 months before the incident. That on 02.01.16 he went to the bank and O.P.W.1admits that he verbally contacted the bank for closure of his savings account. That, he was asked to communicate in writing but he did not comply. At the same time O.P deposed that the bank cannot verbally make any specific transaction from any account without receiving any instruction from the customer in writing. Therefore, as per statement of O.P/Bank if the complainant himself proposed for purchasing the policy verbally then as per O.P.W.1 no such transaction from his account could have been made without any instruction from the customer in writing. It is the complainant’s case that he was in dire need of money and wanted to close the account by withdrawing the total amount of Rs 6,200/- and O.P/Bank stated that a sum of Rs 1119/- would be deducted from his account as charge for closing the account. O.P.W.1 admits that complainant communicated verbally for closure of his savings account and he was asked to give consent in writing but he did not. Therefore complainant has been able to prove that on that day he went to the bank for closing his accounts he was in need of money.

O.P.W.1 also admits that if customer intends to receive proposal Form for Insurance Policy the bank can facilitated the process by providing the proposal Form. Complainant case is that without informing him that bank get the proposal Form of the Ins. Policy signed and Rs 1119/- was debited as premium for the policy without any instruction from him. Complainant was not aware of purchasing the policy on that day. At the same time he admits that he received Rs 5,100/- through cheque and signed on   some blank Forms filled up by the staff of the bank. He was in dire need of money and complied the instruction of the bank. As soon as he realized the purchase of the policy from mobile message he immediately contacted the Manager, making allegation for such deduction and demanded refund of money. We cannot disbelieve this part of the evidence of the complainant. Therefore, complainant was forced to sign on some blank Forms and thereby the bank process the booking of the policy in the name of the complainant behind his knowledge. This sort of activities on the part of the banking authority is an instance of unfair trade practices taking the opportunity of urgency of the complainant. Therefore, complainant raised his objection immediately contacted the Manager and having no remedy ultimately filed this case before this Forum.

Giving due consideration to the contents of the complaint petition, documentary evidence on record, hearing of argument advanced by the lawyers of both sides, the Ld. Forum has come to the findings as follows: -

Petitioner has been able to prove by oral and sufficient documentary evidence that the O.P/Bank without his instruction behind his knowledge opened the Accidental Insurance Policy in his favour by deducting `1119/- from his account. Therefore, petitioner is entitled to get refund of Rs 1119/- from the O.P/Bank. O.P/Bank also is negligent and deficient in service when O.P/bank did not refund the same to the petitioner on demand. It necessarily caused financial loss as well as mental pain and agony for unnecessary harassment by the O.P/Bank.

Therefore, this Forum can safely conclude that petitioner is entitled to get a refund of Rs 1119/-along with interest. The petitioner is also entitled to get compensation for harassment and mental pain also.

Fees paid is correct. Hence, it is

ORDERED,

That the consumer complaint being No. CC-06 of 2016 be and the same succeeds on contest but in part.

The O.P/H.D.F.C.Bank is directed to pay Rs.1,119/- as  refund. We direct the O.P/Bank to pay the said amount with interest at the rate of 7% from the date of filing of this case i.e. on 19.01.16.  Further, we direct the O.P. to pay Rs.1000/- as compensation for harassment and mental pain. Entire amount be paid within one month from this day, lest interest to be imposed at the rate of 9% per annum till full realization. Let copies of this order be supplied to the parties free of cost.