<br /> O R D E R <br /> <br /> <br /> SRI. D.KRISHNAPPA., PRESIDENT., <br /> <br /> <br /> The grievance of the complainant against the Ops are, that he is having a credit card issued by the Ops. The Ops insisted him to take a health policy of their company through telephone call despite he refused to have the policy, the Ops got is credit card number and have deducted Rs.12,235/- from his credit account but they have not supplied any policy bond. That the 2nd Op is demanding to pay Rs.15,000/- towards the policy. It is further stated that if he do not pay Rs.12,235/- as demanded by them they threatened him of going near his house and quarrel with him. On his request, out of Rs.12,235/- the Ops have re-credited Rs.6729/- to his card account and have not paid the balance of Rs.12,235/-. Hence complainant prays for a direction to the Ops to refund of Rs.5560/- with interest. <br /> <br /> OP NO:1 has filed is version through his advocate admitting issue of a policy in favour of the complainant as desired by him. Therefore compensation of Rs.5560/- as prayed by the complainant cannot be given. On the complainant paying Rs.12,235/- they have issued the policy, again on the request of the complainant the policy was cancelled on 14-08-2008 and a sum of Rs.3729/- has been credited to his credit account on 19-08-2008 as per the terms and conditions of the policy. This Op further contending that the other allegations made by the complainant are false and stating that the compliant is not maintainable and submitted for dismissal of the same. <br /> <br /> OP 2 has filed version separately stating that there is no allegation against him and there is no cause of action against him. But the complainant approaching them sought credit card and he is liable to pay only expenditure incurred on the card. That a sum of Rs.12,235/- was prayed through the complainants credit card. The complainant after obtaining credit card has committed default and they have made some deductions added acting on the terms and conditions of the policy. This OP denying the allegations of the complainant that they will go near the house of the complainant and make galata has stated that the complainant as on 05-11-2009 was due in a sum of Rs.14,990/02ps and they are entitled to recover the same. Thus has prayed for dismissal of the compliant. <br /> <br /> In the course of enquiry into the complaint, the complainant and one P.Chethana and Harish Srivatsava for OPs have filed their affidavit evidence reproducing what they have stated in their respective compliant and version. The complainant with the compliant has produced a copy of the statement issued by the Ops, a copy of the cancellation of the policy issued by the Ops. The 2nd OP has produced a copy of the credit card account of the complainant and few more copies of monthly statements. Advocate for the Op 2 has filed his written argument re-asserting the defence they have taken through version and affidavit evidence. He has also produced a copy of refund grid of health telesales product which contain particulars of refund of the premium amounts in the event of cancelling the policy. <br /> <br /> We have heard both the parties and perused the records. <br /> <br /> On the above materials, following points for determination arise.<br /> <br /> 1. Whether the complainant proves that the OPs have indulged in un-fair trade practice by issuing a policy without his consent? <br /> <br /> 2. To what relief the complainant is entitled to ?<br /> <br /> Our findings are as under:-<br /> <br /> Point No: 1 in the affirmative.<br /> Point No: 2:see the final order.<br /> <br /> REASONS: POINT No:1:: <br /> <br /> The fact of Medical insurance policy issued in favour of the complainant by debiting premium amount of Rs.12,235/- to his credit card account is not at all in dispute since both the Ops have admitted it. But the allegations of the complainant that he was not interested in taking the policy but the Ops insisted upon him to avail a policy by adjusting premium amount of Rs.12,235/- from his credit card account is denied by the Ops contending contrary to the grievance of the complainant. It is found that after issue of the policy no correspondences were done regarding this issue. <br /> <br /> The complainant alleges that the Ops have not even sent him any such policy bond or any other documents. The Ops have not specifically answered to this allegation to prove that the policy issued to the complainant has been delivered to him or as to what happened to that policy. Besides this we are not able to find any process followed by the Ops for issue of health policy. What we mean is we carry an impression that whenever an insurance company issues policy or policies to the public necessarily they issue a proposal form to the interested persons enabling that customer to fill up the proposal form with necessary details. Then on payment of premium amount, policy will be issued. But in the case on hand the Ops though contended that policy was issued on the request of the complainant have not produced any such proposal form given by the complainant and on the complainant filling up the material facts and returning it to the Ops for issue of the policy. Further the Ops have not made clear whether any policy document was issued to the customer the compliant or not and the policy would come into effect just on oral request and the Ops simply telling that a policy is issued. We do not think that the issue of health policy or any other policy could be issued unilaterally. In the absence of the Ops answer to these aspects this forum has no alternative but to draw an inference adverse to Ops. <br /> <br /> Ops have admitted that on the request of the complainant they have cancelled the policy on 14-08-2008 and have further stated that out of Rs.12.235/- they have refunded Rs.3729/- by crediting it to the complainants account on 19-08-2008 is admitted by the complainant. The contention of the Ops that they have with held the balance amount and paid Rs.3729/- as per the terms and conditions of the policy have not produced any policy copy with its terms and conditions if in-incorporated in it or a copy of the terms and conditions of such policy if they are in existence separately. The Ops without producing the conditions of the policy and the method they have adopt for refund of the premium amount. If there are any such terms and conditions enabling them to deduct on cancellation should have placed before us to show the details of those deductions. The Ops under the circumstances of this case cannot unilaterally say they have deducted certain portion of the premium money without giving details. The Ops in the case on hand have not furnished any details about the appropriation of Rs.5560/- by further not mentioning towards which heads or items the deduction is made. The act of the Ops under these circumstances that they have deducted certain portion on the strength of the terms and conditions in lump sum cannot be accepted. The Ops even before the forum during the enquiry have failed to furnish any break up figures of appropriation of partial amount of the premium. <br /> <br /> The 2nd OP has produced a copy of refund grid of Health Telesales products which provide proportionate deduction of the premium amount whenever the policy is cancelled. But these tabular cannot be relied upon as the Ops have not further detailed regarding applicability of deductions in respect of a policy found to have been issued unilaterally by the Ops as against the wishes of the complainant. We therefore on considering entire materials in totality hold that the complainant did not apply for issue of the policy and his allegations that the Ops thrusted the policy on him without even sending policy to him by adopting un-fair trade practice. This forum since having held that Ops have thrusted against the complainant, the Ops therefore cannot make any deductions as such are liable to refund the entire premium amount. <br /> <br /> The complainant in his compliant made confusive statements so far as his claim is concerned, he has admitted rs.12,235/- is taken out from his credit card account but requested for a direction to the OP 2 to repay Rs.15,000/- where we found no basis for it. Similarly in the last para of his compliant admitting that out of Rs.12,235/- Rs.6729/- has been re-credited to his account and further stated that Rs.12,235/- be ordered to be refunded to him and for awarding interest on Rs.5560/- which is to be refunded to him. However we say that the complainant having already received portion of the premium amount is entitled to receive the balance of Rs.5560/-. Hence we by answering point No:1 in the affirmative pass the following order. <br /> <br /> O R D E R<br /> <br /> Complaint is allowed. Ops are jointly and severally are held liable to refund Rs.5560/- and shall refund the same with interest @ 8% per annum from the date of this order till the date of the payment. <br /> <br /> Ops shall also pay cost of Rs.1000/- to the complainant. <br /> <br /> Dictated to the stenographer. Got it transcribed and corrected. Pronounced in the open forum on this the 22nd February 2010.<br /> <br /> <br /> <br /> MEMBER MEMBER PRESIDENT. <br /> <br /> <br /> <br /> <br />