Date of Filing:18.08.2007<br /> Date of Order: 28.02.2008<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20<br /> Dated: 28TH DAY OF FEBRUARY 2008<br /> PRESENT<br /> <br /> <br /> <br /> Sri. S.S. NAGARALE, B.A, LL.B. (SPL.), President.<br /> Smt. D. LEELAVATHI, M.A.LL.B, Member.<br /> Sri. BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member.<br /> <br /> <br /> <br /> COMPLAINT NO: 1729 OF 2007 <br /> <br /> T. Madan Gopal,<br /> No.116, ‘Shanthi Nilayam’<br /> Basavanapura Road,<br /> K.R. Puram, Bangalore-560 036. Complainant<br /> <br /> V/S<br /> HDFC Standard Life Insurance Co Ltd.,<br /> Esquire Centre, M.G. Road,<br /> Bangalore-560 001. Opposite Party<br /> <br /> ORDER<br /> By the Member Sri. Balakrishna.V. Masali<br /> <br /> This is a complaint filed by the complainant claiming compensation and costs.<br /> The facts of the case are that, the complainant entered into an ECS payment arrangement with the opposite party for payment of his quarterly insurance premium of Rs.2,291/- effective from 2/2/2005. On 28/9/2006 the opposite party cleared an amount of Rs. 2,556-94 by way of ECS debit from the complainant’s ECS mandated saving Bank account without any valid reason or prior intimation. Having done so the opposite party failed to bring this wrong debit to the notice of the complainant and also failed to reverse the said debit within reasonable time. The complainant seeking to know the source user company of the said wrong debit and to recover the said amount approached various institutions like Vijaya Bank, ICICI Bank, BSNL, Reserve Bank of India. After much pursuance the RBI intimated the complainant about the details of the user company that had raised the said wrongful debit. Hence, the complaint.<br /> 2. Notice was issued to opposite party. Opposite party put in appearance through advocate and filed defense version. <br /> 3. Affidavit evidence of both the parties filed. Arguments heard.<br /> <br /> 4. The points for consideration are:-<br /> 1. Whether there was a deficiency in service on the <br /> part of the opposite party? <br /> <br /> 2. Whether the complainant is entitled for compensation? <br /> <br /> <br /> <br /> <br /> REASONS<br /> <br /> 5. The opposite party admits that, the complainant is a policy holder of M/s HDFC Standard Life Insurance Company Ltd., and his policy No.00217270 and he liable to pay premium amount of Rs.2,291/- on quarterly basis and the said policy is in force. The premium was due on 28/10/2006. However, due to an inadvertence debit of Rs.2,556-94 was made on 28/9/2006 and the debit was caused by tech process Solution Ltd., The said Tech Process Solutions Ltd., who were also processing premium of one Mr. Rajendra Singh Raina of ING Vysya Life Insurance erroneously debited the amount of the complainant as the policy number of both the complainants and Rajendra Singh Raina were similar that is policy No.00217270. Therefore, the opposite party has taken up the matter with the Tech Process Solution Limited and steps were taken to rectify the error. The complainant was repaid with the amount of Rs.2,256-94 together with interest of Rs.13/- and the same was informed to the complainant regarding the rectification of the error and consequently re-credited the amount of Rs.2,556-94 together with interest. The HDFC Standard Life Insurance has sent apology letter dated 8th May-2007 for the erroneous debit and also by its letter dated 27th March-2007 for the erroneous debit of Rs.2,556-94 from Vijaya Bank A/c No.2389. The apology letter from the Tech Process Solutions Ltd., (Bill Junction) enclosed with the letter. Also find attached the calculation given by Tech Process Solutions Ltd., (Bill Junction) towards the interest element payable to the complainant. In view of all these reasons stated above, we feel that there is no deficiency in service on the part of the opposite party. In the result, I proceed to pass the following:-<br /> ORDER<br /> <br /> 6. The complaint is dismissed. The opposite party is directed to pay Rs. 1,000/- towards costs of the present proceedings to the complainant. The opposite party is directed to pay the costs directly to the complainant with intimation to this Forum. <br /> 7. Send the copy of this Order to both the parties free of costs immediately. <br /> <br /> 8. Pronounced in the Open Forum on this 28TH DAY OF FEBRUARY 2008.<br /> Order accordingly,<br /> <br /> MEMBER <br /> We concur the above findings. <br /> <br /> MEMBER PRESIDENT <br /> <br /> <br /> <br /> <br />