Complainant present in person 

Opponent No. 1 through Adv. Smt. Joshi

Opponent No. 2 & 3 through Adv. Deshmukh

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Per : Mr. V. P. Utpat, President                      Place   :  PUNE

// J U D G M E N T //

(15/07/2013)

          This complaint is filed by the consumer against Insurance Company as well as bank, for deficiency in service under section 12 of the Consumer Protection Act, 1986.  The brief facts are as follows,

1]       The complainant has obtained medical insurance policy from the opponent no. 1.  That policy was expired on 28/9/2008.  He informed not to renew the said policy.  However, the policy was renewed without his consent and an amount of Rs. 10,085/- was debited from his account of credit card, which was obtained from the opponent no. 2 and 3.  Then, he requested for cancellation of the policy and crediting amount of Rs.10,085/-.  The said amount was credited in two installments i.e. Rs.7,060/- on 8/11/2008 and an amount of Rs. 3,025/- on 1/12/2008.  Again on 11/11/2008 an amount of Rs. 9,244.58 was debited from his credit card account.  When he asked explanation about the same, he was informed that said amount was debited by way of penalty of cancellation.  He approached to opponent and made request for crediting the said amount  to  his  account.  But  no  attention   was   paid   towards his

complaint.  42% interest was charged from 11^th Nov. from his credit card account.  According to him, opponent has caused deficiency in service.  He has asked refund of Rs. 9,244.88, interest amount of Rs. 971/-, two days salary to the tune of Rs. 7,667/-, compensation of Rs. 25,000/- for mental harassment and Rs. 1000/- towards cost of the complaint.

2]      The opponents resisted the complaint by filing written versions as well as written arguments.  The gist of the written version is that, amount is rightly debited by the opponent.  It is flatly denied that an amount of Rs. 9,244/- was debited by way of penalty of cancellation of the policy.  It is the case of the opponent no. 2 and 3 that the said amount was debited, as amount of Rs. 10,085/- was credited in the account of the complainant twice due to mistake.  The opponents have contended that there is no deficiency in service.  They have prayed for dismissal of the compliant and demanded compensatory cost. 

3]      After scrutinizing the documentary evidence, which is produced before this Forum, hearing the arguments of both the parties and considering pleadings, the following points arise for my determination. The points, findings and the reasons thereon are as follows-

 REASONS :-

4]      It is the specific case of the complainant that he requested opponent no. 1 not to renew his mediclaim policy, still the said policy has renewed without his consent and an amount of Rs. 10,085/- was debited from his account of credit card.  Subsequently, the said amount was credited in two installments.  However, again the opponents have debited amount of Rs. 9,244/- by stating that the said amount is as regards the penalty for cancellation of the policy.  It reveals from the pleadings of the opponent no. 2 and 3 that an amount of Rs. 10,085/- was credited in the account of the complainant for two times, hence amount of Rs. 9,244/- was debited from his account.  In order to substantiate this contention the opponents have not produced any authentic record.  It is the case of the complainant that, an amount of Rs. 9,244/- is wrongly debited and this debit entry is not specifically explained by the opponents.  In such circumstances, this Forum has no alternative but to hold that there is deficiency in service on the part of the opponents.  The Insurance Company has renewed mediclaim policy without consent and for that amounts were debited from the credit card account of the complainant.  Hence, all the three opponents are jointly and severally responsible for causing deficiency n service. 

          The complainant has claimed amount of compensation on various grounds.  But after considering the nature of complaint, the complainant is entitled for refund of Rs. 9,244/- and compensation of Rs. 5,000/- for deficiency in service, Rs. 2000/- for mental harassment and physical sufferings and an amount of Rs. 1000/- for cost of the litigation.   In the result, I pass the following order,

**  ORDER **

1.                 Complaint is partly allowed.

2.                 It is hereby declared that the opponents

have caused deficiency in service. 

3.                 The opponents no. 1, 2 and 3  are directed

to refund jointly and severally an amount of

Rs. 9, 244/- (Rs. Nine Thousand Two Hundred

and Forty Four only) to  the complainant, within

6 weeks from the date of receipt of this order.

4.                 The opponents no. 1, 2 and 3  are further directed

to pay jointly and severally an amount of 5,000/-

(Rs. Five Thousand only) towards compensation for

deficiency in service, an amount of Rs. 2,000/-

(Rs. Two Thousand only) towards compensation

for mental harassment and physical sufferings

and an amount of Rs. 1,000/- (Rs. One Thousand

only) towards litigation cost, to  the complainant

within 6 weeks from the date of receipt of this order.

5.       Copies of this order be furnished to the

parties free of cost.

6.       Parties are directed to collect the sets,

which were provided for Members within

one month from the date of order, otherwise

those will be destroyed.