Date of filing:19.04.2022

                                                               Date of Disposal:16.02.2023

 BEFORE THE III ADDITIONAL BANGALORE URBAN

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

                               BENGALURU – 560 027.

DATED THIS THE 16^th DAY OF FEBRUARY, 2023

CONSUMER COMPLAINT NO.83/2022

PRESENT:

SRI.RAJU K.S,

S/o S.V.R.Chari,

Aged about 90 years,

R/at No.206, Classique Mansion,

240/1, 5^th Cross,

Bangalore-560 008.……COMPLAINANT-1

Sirukunram Padmini,

W/o S.Jagannathan,

Aged about 80 years,

R/at No.206, Classique Mansion,

240/1, 5^th Cross 19^th Main, 2^nd Stage,

Bangalore-560 008.……COMPLAINANT-2

Rep by Dr.Rama R.Iyer, Advocate.

HDFC Life Insurance Company Limited,

Having its registered office address at No.9,

M.G.Road,

Bengaluru-560 001,

Represented by authorized person.……  OPPOSITE PARTY

Opposite party rep by Sri.Jai M.Patil, advocate

//JUDGEMENT//

BY SRI.SHIVARAMA K, PRESIDENT

The complainants have filed this complaint under Section-35 of Consumer Protection Act, 2019 seeking for a direction to the opposite party to refund the insured amount of Rs.1,00,000/- with interest at the rate of 12% p.a. and such other reliefs as this commission deems fit in the circumstances of the case.

2. Even though the notice been served on the opposite party, the opposite party represented by the counsel did not file version. 

3. The complainant no.2 is the wife of complainant no.1.   The opposite party is the insurance company.  It is the case of the complainants that the agent of opposite party pressurized the complainants to buy the insurance policies of Rs.1,00,000/- each.  Accordingly, the complainants purchased the same and later on the complainants realized that in every year they have to make a payment of Rs.1,00,000/- each towards premium.  Hence, the complainants sought for cancellation of the same and refund of the said amount.  Even though the opposite party had assured for refund, did not refund it.  Hence, the act of the opposite party amounts to unfair trade practice.  Hence, the complaint came to be filed.

4. To prove the case, the complainant (PW1) has filed affidavit in the form of his evidence in chief and got marked EX.P1 to P5 documents.

5. Counsel for the complainants has filed written arguments.

         6. The points that would arise for consideration are as under:

i)  Whether the act of the opposite party amounts to unfair trade practice within the meaning of Section-2(47)of Consumer Protection Act, 2019  ?

      ii) Whether the complainants are entitle for the 

      compensation as sought ?

       iii) What order ?

  7.   Our findings on the aforesaid points are as follows:

Point No.1 :  In affirmative

Point No.2 :  Partly in affirmative

Point No.3 :  As per the final order for the following;

REASONS

8.POINT NO.1:- The complainant No.1 (PW1) has reiterated the fact stated in the complaint, in the affidavit filed in the form of his evidence in chief.   To prove that the complainants have paid Rs.1,00,000/- to opposite party towards insurance, the complainants have produced the bank statement vide EX.P2.  In which it appears that on 18.05.2021 a sum of Rs.1,00,000/- each has been deducted.  According to PW1, they have paid Rs.1,00,000/- each to the policies offered by the opposite party.  Further, one Mr.Akash said to be the agent of the opposite party had confirmed the cancellation and informed that refund had been initiated. Further, the complainant has produced the Certificate under Section-65B of Indian Evidence Act vide EX.P1.  EX.P3 is the transcription of the WhatsApp chats.  On perusal of the same, it appears that on 31.05.2021 one Mr.Akash from HDFC i.e., opposite party made a message that refund has already been processed and the opposite party would receive the amount soon.  Further, even on 14.12.2021 also the opposite party made the correspondence with regard to the refund and the same has not been made.  Further, the complainants got issued legal notice vide EX.P4 on 30.12.2021.  The complainant has also produced postal acknowledgment for having received the notice by the opposite party. 

9. It is the contention of the learned counsel for the complainants that despite of relentless calls and constant communication to cancel the policies the opposite party delayed in taking any action and the opposite party had informed that the policies were cancelled and refund has been initiated.    Even then it has not been implemented. 

10. It is the further say of the PW1 in his evidence that on 27.08.2021 the complainant no.2 had received Rs.1,00,000/- which was paid in respect of the policy of complainant no.2 but did not pay the policy amount of Rs.1,00,000/- of the complainant No.1.  The opposite party did not challenge the oral and documentary evidence produced by the complainants.  The contention of the complainants that without been properly informed about the policies, the agent of opposite party pressurized the complainants to buy the policies and later on the complainants realized that the same was not feasible to them.  Hence, they sought for cancellation.  We feel the unchallenged say of the complainants amounts to “unfair trade practice” of the opposite party to promote the sale of their policies and same is within the meaning of Section-2(47) of Consumer Protection Act, 2019.  Accordingly, we answer this point in affirmative.

11.POINT No.2:-The complainants claimed a sum of Rs.1,00,000/-  with interest at the rate of 12% p.a.  We feel the complainants are entitle for the refund of the amount of Rs.1,00,000/-.  Further, the interest at the rate of 12% p.a is highly an exorbitant one and interest at the rate of 9% p.a would suffice in this case.  Accordingly, the opposite party shall pay the interest at the rate of 9% p.a. on the above said amount from the date of payment i.e., 18.05.2021.  Further, the complainants claimed a sum of Rs.25,000/- towards mental agony sustained.  On perusal of EX.P3 WhatsApp conversation, it appears that several WhatsApp communications been made in between the complainants and opposite party and even the legal notice been received by the opposite party, the opposite party did not repay the amount.  Hence, the complainants suffered a lot.  Therefore, the complainants are entitle for a sum of Rs.10,000/- towards mental agony.  Further, the act of the opposite party made the complainants to approach this commission and got issued notice through their counsel and to file the present complaint through their counsel.  Hence, the complainants are entitle for a sum of Rs.10,000/- towards legal expenses. Accordingly, we answer this point partly in affirmative.

12.POINT NO.3:- In view of the discussion made above, we proceed to pass the following;

The complaint is allowed in part.

The opposite party is directed to refund a sum of Rs.1,00,000/- with interest at the rate of 9% p.a. from the date of payment i.e., 18.05.2021 till realization and a sum of Rs.10,000/- towards mental agony sustained and a sum of Rs.10,000/- towards litigation cost. 

The opposite party shall comply the order within 30 days.   In case, the opposite party fails to comply the order within the said period, the above said amount of Rs.20,000/- carries interest at the rate of 9% p.a. from the date of order till realization.

Supply free copy of this order to both the parties and return extra copies of the pleading and evidence to the parties.

Applications pending, if any, stand disposed of in terms of the aforesaid judgment.

  (Dictated to the Stenographer, typed by her, the transcript corrected, revised and then pronounced in the open Commission on 16^th day of February, 2023)                                            

• RAJU K.S)                                              (SHIVARAMA. K)    
•  

//ANNEXURE//

Witness examined for the complainants side:

Sri.S.Jagannathan, the complainant has filed his affidavit.

Documents marked for the complainant side:

1. Certificate u/s 65B of Indian Evidence Act.
2. Certified copy of bank statement.
3. Transcription of the WhatsApp chats.
4. Office copy of the legal notice with postal receipts and acknowledgement.
5. Certified copy of the statement of accounts issued by HDFC bank. 

Witness examined for the opposite party side: 

-NIL-

Documents marked for the Opposite Party side:

-NIL-

• RAJU K.S)                                              (SHIVARAMA. K)    
•  

On perusal of the record, it appears that on 15.02.2023 counsel for complainants had filed the application for pre-ponement along with written arguments.  Since, the said application was ordered to be put up to today, the said application becomes infructuous and the same is dismissed.  Written argument filed is taken to file.