PER HON’BLE PRESIDENT SHRI PRADEEP  G. KADU

                        This is a consumer complaint filed under Section 35 of Consumer Protection Act 2019 by the Complainant herein against the Opposite Party.  The briefly stated facts of the case and contentions by the complainant are  as follows:

1)                     The Complainant Mr SatyasheelDeogade tried to take a new ICICI Lombard health insurance policy.  During attempting to authorise transaction through online, due to unknown technical reason something went wrong and payments got deducted twice and policy also generated twice.  According to the bank, message received after the policy was generated, it came to know that the double amount has been deducted.  The actual amount was Rs.19,985 /- but the total amount deducted on 16^th July, 2022 and 17^th July, 2022 was Rs.39,970/-.  The Complainant brought this to the notice of ICICI Lombard head office personal.  The authorities concerned informed that the money will be returned in seven to eight days or to contact the bank and contact to customer care.

2)                     The Complainant further sent a mail to initiate the refund of the amount deducted.  Also a proposal to cancel the existing health insurance policy was sent and the existing health insurance policy was cancelled.  The Complainant thereafter consistently made follow up of the matter but till date the refund was not deposited in his bank account.

3)                     As the issue of refund not resolved amicably by the Opposite Party, the Complainant left with no option but to file this consumer complaint before this Consumer Commission for alleged deficiency of service against the Opposite Party to seek necessary relief in the said matter.

Contentions of the Opposite Party

4)                     Looking to the facts of the matter, the case was registered on 22/042023 vide CC No.68/2023 with this Commission and accordingly got admitted on 19/03/2024.  Notice was issued to the Opposite Party which was duly served on 26/03/2024.  In spite of notice served appropriately no one on behalf of the Opposite Party remained present to represent the matter before this Commission.  Hence, in the interest of justice, orders passed to continue the proceeding exparte against the Opposite Party.

Observations of the Facts and Conclusions

5)                     The Complainant Shri Satyasheel Deogade appeared before this commission to represent his matter. He filed policy documents, bank statement and various e mail communications related to the correspondence with the Opposite Party.  We have perused all the records available.  On the basis of oral arguments and documents submitted before us, we have made following observations :-

i) The Complainant opted for Complete Health Insurance, BeFit Insurance with ICICI Lombard i.e, the Opposite Party herein.  By mistake or technical error, policy got issued twice and payments are also made twice.  The details of said policies issued are as,

            a) BeFit Insurance Proposal Number :2210715949, 2210716072;

            b) Policy Start Date: 16-Jul-2022;

            c) Policy End Date: 15-Jul-2023;

            d) Total Premium- Rs.19,985/-.

           ii) On 16/07/2022 and 17/07/2022, Rs.19,985 each were debited through Razorpay software from the account of the Complainant;

          iii) On 09/09/2022, the Complainant intimated through email to the Manager ICICI Lombard about the excess deduction from his                bank account.Again on 12/10/2022, the Complainant made follow up with the Opposite Party in this regard;

           iv) On 13/10/2022, Customer support team of ICICI Lombard through their e mail informed as,

‘With reference to your e-mail regarding the reference number: 72022092812520, we wish to inform you that policy number 4128i/B-HSHA/252669559/00/000 is cancelled on 04-0ct-2022 and refund amount of Rs 15470/- has been processed with Refund IDs: 1092342529.

The following is a charge back case please check in the concern bank as you have raised the request for the refund even thru the bank’.

v) On 14/11/2022, the Opposite Party through mail again confirmed that refund amount of Rs.19,985/- has been processed on 12/11/2022 and same will be credited in 7-10 working days with same refund ID 1040676775;

vi) On 01/12/2022, Grievance Redressal Manager again confirmed the refund processing with following details.

‘Thank you for contacting ICICI Lombard General Insurance Company Limited.

We are in receipt of your case raised through our grievance desk with regards to refund against your policy.

We confirm the following details available with us.

With reference to the service request number: 72022092812520. we wish to inform that Policy number: 4128i/B-HSHA/252669559/00/000 is cancelled on 04-Oct-2022 and refund amount of Rs. 15470/- has been processed with refund id: 1092342529.

With reference to the service request number: 72022092812587. we wish to inform that Policy number:

4180/252669560/00/000 is cancelled on 04-0ct-2022 and refund amount of Rs.4515/- has been processed with refund id: 1092342127.

That is in total we have refunded you an amount of Rs. 19985/- against your two policies as listed above.

We request you to kindly revert on this in case of any discrepancies, you can check with your issuing bank for the refund of the amount with the refund ID provided’.

vii) A letter dt.12/12/2022 by the Complainant to the Municipal Co.Op. Bank Ltd., Ghatkopar, Mumbai mentions that ICICI Lombard has initiated the refund.  But due to Auto Code portal freeze put by the bank on his account, the said amount couldn’t be credited in his account.  The Complainant requested the bank authorities to remove the Auto Code Portal applied on his account;

viii) Municipal Co.Op. Bank Ltd. IT cell informed to the Opposite Party on 19/12/2022 as ,

‘Our customer paid the policy amount of Rs 19985/- on 16/7/2022 & 17//7/2022. As per customers request we have raised the chargeback on 20/7/2022 for 16/7/2022 dated transaction which was declined by you on 3/8/2022. The chargeback raised for 17/7/2022 transaction on 6/8/2022 which was declined by you on 22/8/2022.

There is no further refund received towards these two transactions. As per your email received by customer against his complaint, the auto code poral is freeze. there is no question of freezing any auth code at our end We have raised the chargeback as per pci guidelines & which was rejected by you.

You can refund the amount to this card holder account through portal Or by NEFT to us, where as we can credit the amount to customers account’.

ix) The Complainant again wrote a letter to the Manager ICICI Lombard on 30/01/2023 in which he informed that Auto code portal on his account has been removed now.  Hence, the refund amount may please be deposited in his bank account;

x) Above communication amply confirms that ICICI Lombard has yet to refund the amount involved in the said transaction which they agreed to refund as already mentioned in the above communication;

xi)  It is also observed that ICICI Lombard had not acted promptly to address the issue raised by the Complainant.

6)                     In light of the above discussions and analysis of the facts, we hold that the Opposite Party i.e, ICICI Lombard has not acted promptly to initiate the refund amount due towards the Complainant and hence, is held guilty of deficiency of service towards the Complainant by denying the refund due in the said transaction.

7)                     The Complainant also suffered mentally and physically because of the lethargic attitude of the Opposite Party.  Hence, in the light of above facts, it is a fit case for compensation and hence, the Complainant also deserves compensation for mental and physical agony.  The Complainant is also eligible to claim legal expenses in the said matter.  Hence, we pass the following order.

FINAL ORDER

1. The Consumer Complaint No.CC/68/2023 is partly allowed.
2. The Opposite Party-ICICI Lombard General Insurance Company Ltd., is directed to refund Rs.19,985/- (Rupees Nineteen Thousand Nine Hundred Eighty Five only) along with interest @6% from 01/10/2022 till the date of realisation to the Complainant within 45 days from the date of receipt of copy of this order, failing which the interest will carry @9 % p.a.
3. The Opposite Party-ICICI Lombard General Insurance Company Ltd., is directed to pay compensation for mental and physical agony as well as damage to the reputation of the Complainant of Rs.10,000/- (Rupees Ten Thousand only) alongwith legal expenses Rs.5,000/- (Rupees Five Thousand only) to the Complainant within 45 days from the date of receipt of copy of this order.
4. Certified copies of this order be sent to both the parties free of cost.