BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PATIALA.

                                                Complaint No.CC/10/181 of 11.3.2010 

                                                Decided on:          20.9.2011

Kuldeep Kaur w/o S.Gulzar Singh R/o H.No.1355, Street No.13, Gurbax Colony, Patiala.

                                                                             -----------Complainant

                                       Versus

1.                 ICICI Bank, Situated at Leela Bhawan, Patiala, through its Manager.

2.                 Managing Director, Registered Office Land Mark, Race Course Circle, Vadodara.

3.                 Manager, Star Health and Allied insurance Company.Ltd.,Office situated at 1 New Tank Street Valluvar Kottam High Road Nungambakkam, Chennai-600 034.

                                                                             ----------Opposite parties.

                                      Complaint under Section 12 of the

                                      Consumer Protection Act.

                                      QUORUM

                                      Sh.D.R.Arora, President

                                      Smt.Neelam Gupta, Member

Present:

For the complainant:     Sh.M.S.Attli, Advocate

For op No.1:                                     Sh.R.K.Pandey, Advocate

For ops no.2&3:            Ex-parte.

                                         ORDER

D.R.ARORA, PRESIDENT

          The complainant purchased the credit card No.51771942-80402006 from ops no.1&2.The complainant has been depositing the amount as per user of the credit card.

2.       The complainant received the monthly statement for the period 5.8.2009 to 9.6.2008, in which an amount of Rs.3820/- was credited in favour of Star Health and Allied Chennai. The complainant had never applied for any policy with the said Star Health and Allied insurance Company and accordingly brought the said fact to the notice of op no.1 and requested to cancel the policy as also to credit the amount in her account but no heed was paid to her.

3.       It is further averred that the ops falsely issued the policy no. SR -66447609 dated 16.5.2008.The complainant requested the ops to cancel the same and rather they cleverly changed the policy no.94507541 dated 9/2001 and failed to cancel the same.

4.       It is further averred that the ops in connivance with each other escalated the bill day by day despite the application to have been given by the complainant through fax for the cancellation of the policy.

5.       It is further averred that one month before the filing of the complaint the complainant received a telephonic message from op no.1 that an amount of Rs.15244/- was due and outstanding against the complainant. The complainant replied that she had never applied for the policy and they were not entitled to claim the charges of the policy but to no effect.

6.       It is further averred that in order to see whether the ops had cancelled the policy the complainant got the statements of account in which a sum of Rs.15244/- were shown due and outstanding against the complainant. The complainant met op no.1 and disclosed that nothing was due against her but who failed to pay any heed to her request and rather they were adamant in effecting the recovery of Rs.15244/- . Accordingly the complainant approached this Forum through the present complaint brought under Section 12 of the Consumer Protection Act,1986 (for short the Act).

7.       On notice, op no.1 appeared and filed the written version, whereas  op no.2 was proceeded against exparte.

8.       Here, it may be noted that initially op no.3 namely Manager Star Health and Allied insurance Company Ltd. Chennai was not made a party and who was made a party on the basis of the application moved in this regard by the complainant vide order dated 6.10.2010 passed by the then learned Presiding Officer as also the learned Members and on having issued the notice op no.3 failed to come present and was accordingly proceeded exparte.

9.       In the written statement filed by op no.1 it has raised certain legal objections , interalia, that Star Health and Allied Chennai was not arraigned as an op although the policy is said to have been issued by the said company and that the complaint does not disclose any cause of action against the op. As regards the facts of the complaint it is averred that the complainant herself had subscribed to the insurance policy of Star Health and Allied insurance Company by giving out the detail of her credit card. Otherwise there is no way as to how a third person can come to know about the credit card detail of a card holder. It was only thereafter that the subscription amount was charged to her credit  card account. Aforesaid position was also confirmed and explained to the complainant on her having made the representation to the ops and she was also advised not to disclose the details of her credit card account to anyone henceforth.

10.     It is further averred that so far as the cancellation of the health insurance policy taken by the complainant is concerned, it is beyond the powers of the op and the op could not asked a third party, having no relation whatsoever, to cancel or alter the  policy or product purchased or the services to have been availed of by the credit card holder. The complainant has to approach the concerned insurance provider to get her grievance redressed. The op is only a bank providing credit services to the customer and is within its rights to ask for the repayment of the amount credited and charge interest on the same as agreed. After denouncing the other averments of the complaint, going against the op, it was prayed to dismiss the complaint.

11.     In support of her case, the complainant produced in evidence her sworn affidavit,Ex.C1, alongwith the documents,Exs.C2 to C4 and her learned counsel closed the evidence.

12.     On the other hand, on behalf of the op no.1, it’s learned counsel produced in evidence,Ex.R1, the sworn affidavit of Ashwani Kumar ,Manager(legal) of the op and closed the evidence.

13.     The parties failed to file the written arguments. We have heard the learned counsel for the parties and gone through the evidence on record.

14.     It is grievance of the complainant that in her statement of account in respect of credit card no.51771942-80402006 for the period 5.2.2008 to 9.6.2008 a sum of Rs.3820/- has been debited and credited to Star Health and Allied insurance Company, Chennai i.e. op no.3, although she had not purchased any policy from op no.3. She has aproduced,Ex.C3, the photo copy of the statement of account in respect of credit card no.5177194280402014 dated 20.5.2008 for the period 4/2008 to 5/2008. Apparently the name of the complainant has been recorded in the statement of account but it does not pertain to credit card no.51771942 80402006.

15.     The complainant addressed her grievance to op no.1 having written the application( copy Ex.C4) dated 16.5.2009 in respect of her credit card No.51771942 80402006. It was for op no.1 to have clarified the debiting of Rs.3820/- from the statement of account of the credit card  of the complainant in favour of op no.3 but no reply was given by op no.1 either to the application,Ex.C4 or the other application( copy Ex.C2).

16.     We do agree with the plea taken up by op no.1 that the complainant should redress her remedy from op no.3 qua the cancellation of the insurance policy if any but it was for op no.1 to have clarified about the statement of account,Ex.C3,which  pertains to customer no.5177194280402014 and not to no.51771942 80402006.

17.     Here it may be noted that op no.1 has not denied the fact that the complainant is the holder of credit card no.51771942 80402006. Consequently, we are of the considered view that the complainant was forced to approach this Forum to redress her remedy against the ops on account of failure on the part of op no.1 to have clarified its position about the credit card number as discussed above. Consequently, we accept the complaint partly and give a direction to op no.1 to clarify the statement of account,Ex.C3, in respect of  customer no.5177194280402014 i.e. whether the same pertains to the complainant who claims to have purchased credit card no.51771942-80402006 and only thereafter to recover the amount from her after providing her the latest statement of account. In view of the facts and circumstances of the case, we accept the complaint burdening op no.1 with costs of Rs.5000/- to be paid to the complainant within one month on receipt of the certified copy of the order.

Pronounced.

Dated:20.9.2011

                                                Neelam Gupta                D.R.Arora

                                                Member                            President