Per Mr.B.S.Wasekar, Hon’ble President

1)                The present complaint has been filed by the complainant u/s 12 of the Consumer Protection Act, 1986. According to the complainant, he is having policy by name ‘Smart Kid-New Unit Linked Regular Premium Policy’ bearing No.03246102.  His monthly premium is Rs.834/-. The complainant is having salary account with the Axis Bank.  Initially, monthly premium was through ECS since 2006. Since December, 2012, the complainant switched over to the online payment instead of ECS.  He paid premium online for January-February-2013. For March-2013, he paid premium on 12^th March, 2013 online. The O.P. issued receipt for it.  However, on perusal of bank statement amount of Rs.225/- was debited for return of ECS on 14^th March, 2013 i.e. penalty charges due to insufficient funds.  On enquiry, the bank informed him that the O.P. presented ECS on 14^th March, 2013 for Rs.834/- however due to insufficient fund, ECS was returned.  Amount of Rs.225/- was debited for ECS return.  The premium for March-2013 was already paid online still the O.P. submitted ECS wrongly.  The amount of Rs.225/- was debited due to mistake of the O.P. Therefore, the complainant issued notice for refund of Rs.225/-. As the opponent failed, the complainant has filed this complaint for refund of Rs.225/- with interest and also for compensation of Rs.50,000/- for mental torture and cost of proceeding Rs.5,000/-. 

2)                The opponent appeared and filed written statement.  It is submitted that the complainant had not revoked ECS facility and therefore ECS was submitted.  As there was no sufficient fund, penalty was charged.  The opponent is not responsible for it.  However, by way of gesture of goodwill, the opponent accepted complainant’s request for amount of Rs.225/-. Amount of Rs.150/- was deducted in terms of units from complainant’s policy and cheque for remaining amount of Rs.75/- was sent to the complainant.  Thus, there is no deficiency in service. Therefore, the complainant is not entitled for the relief as prayed.

3)                After hearing both the parties and after going through the record, following points arise for our consideration

POINTS

REASONS

4) As to Point No.1 & 2 :- There is no dispute about policy and earlier mode of payment through ECS.  There is also no dispute of payment through online for December-2012, January-2013 and February-2013.  It is also not disputed premium for the month of March-2013 was received online.  According to the opponent, ECS facility was not revoked by the complainant therefore ECS was submitted automatically. Admittedly, the complainant has not revoked ECS facility which was used by him earlier. It is also true that once premium for the month of March-2013 was received, the opponent should not have submitted ECS payment for the month of March-2013.  Thus, there is negligence of both the parties. The complainant was negligent for not revoking his earlier facility of ECS while adopting other online facility.  In fact, there is no much dispute. At the most, it can be said as misunderstanding. However, the opponent has showed willingness of payment of Rs.225/- by way of gesture of goodwill.  Instead of accepting it, the complainant has returned the cheque of Rs.75/- and did not accept the unit of Rs.150/-. We think, the opponent should continue with its gesture of goodwill by adjusting the payment of Rs.225/- in next premium. As there is misunderstanding, it can not be said that there is mental torture and hence the complainant is not entitled for the compensation for mental torture and for cost of proceeding.  Hence, we proceed to pass the following order.

ORDER

1. Complaint stands dismissed.

2. However, the opponent is directed to adjust the payment of Rs.225/- in next premium due from the complainant as a goodwill gesture.

3. Parties are left to bear their own costs.

4. Inform the parties accordingly.