Date of Filing:       26.07.2017

                                                                                                                       Date of Disposal:  10.01.2019

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

THIRUVALLUR-1.

THIRU.  J. JUSTIN DAVID, M.A., M.L.                                         .…. PRESIDENT

TMT.      K. PRAMEELA, M.Com.                                                  ….. MEMBER-I

THIRU.  D.BABU VARADHARAJAN, B.Sc., B.L.                          ..… MEMBER-2

CC.No.36/2017

Wednesday the 10^th DAY OF JANUARY 2019

S.Gomathi,

W/o, Somasundaram,

No.1/127, Plot No.9,

5^th Cross Street,

Sri Kamatchi Nagar,

Mugalivakkam,

Chennai -125.                                        ……………. Complainant.

//Vs//

1.A.RajKumar,

   Plot No.9, Maheswari Avenue,

   Puzhiuthivakkam,

   Chennai -600 091.

2. The Manager,

     Indian Overseas Bank,

    Sri Anjaneya Swami Temple,

    Meenambakkam,

    Chennai -600 027.

3.The Manager,

    Indian Overseas Bank,

    Porur Branch,  Chennai -600 116.                ………opposite parties.

This complaint is coming upon before us finally on 20.12.2018 in the presence of M/s. S.N.Subramani, Counsel for the complainant, M/s.K.V.Srinivasan, Counsel for the 3^rd opposite party and the 1^st and 2^nd opposite parties are set ex-parte for non-appearance and having perused the document and evidence and written argument of the complainant and 3^rd opposite party this Forum delivered the following. 

ORDER

PRONOUNCED BY THIRU.J.JUSTIN DAVID, PRESIDENT.

This complaint is filed by the complainant Under Section 12 of Consumer Protection Act-1986 against the opposite parties for seeking compensation of Rs.3,00,000/- for mental agony, loss, hardship and physical inconvenience suffered to the complainant and deficiency in service on the part of the opposite parties with cost of Rs.50,000/-

2. The brief averment of the complaint is as follows:-

The complainant has been maintaining a savings account in Indian Overseas Bank, Porur Branch with account No.156601000007215 IFSE IOBA 0001566 MICR 600020104 for the past ten years and the complainant is not having any life insurance policies in her name till date.  The complainant has shocked and surprise the following amounts were debited from her account towards payment of LIC premium

 a) 15.10.2016       …to LIC       70546851   ….Rs.408/-

b) 15.10.2016        …to LIC       70546861          ….Rs.408/-

C) 15.10.2016        …to LIC      70546861           ….Rs.408/-

 D) 15.10.2016       …to LIC     70561025            ….Rs.255/-

E) 15.10.2016       …to LIC     6705610254        ….Rs.255/-

The complainant met the Bank Manager, Indian Overseas Bank, Porur, immediately the above said amounts were credited to her account under, reference “Wrongly debited”.  Once again on 15.02.2017 the following amounts have been debited from the complainant account towards payment of LIC Premium.

a)  15.02 2017   …to           LIC 70561025                             ….Rs.255/-

b)  15.02.2017  …to            LIC 705610254                           ….Rs.255/-

Even though the discrepancy was brought to the knowledge of the IOB Branch Manager, Porur, no formidable steps have been taken by the said Branch to rectify the above mistake. The complainant enquired with the LIC of India regarding status report of policy registered under Nach Mode of Payment, it was found that the 1^st opposite party had given the account No. as 156601000007215 which held by the complainant.  The 2^nd and 3^rd opposite party had acted upon the Nach mode of payment without verifying the name which had resulted in wrongful loss to the complainant.  The complainant sent a legal notice through her counsel on 24.02.2017.  The opposite party received the same but failed to reply till date.  So the complainant has been put to great deal of mental agony and physical stress due to the gross deficiency in the service of the opposite parties.  Therefore this Hon’ble Forum may be pleased to direct the opposite party to pay a sum of Rs.3,00,000/- to the complainant towards mental agony, loss, hardship and physical inconvenience suffered by the complainant and to pay Rs.50,000/- towards cost.

3. The contention of written version of the 3^rd opposite party is brief as follows:-

The complainant is maintaining a savings account in Indian Overseas Bank with 3^rd opposite party, Porur Branch with account No.156601000007215.  It is true that certain amounts were debited from her account towards LIC premium at Central Branch Office at Chennai through ECS.  On complaint made by the complainant to the 3^rd opposite party it was verified by the Central Branch Office.  On 15.10.2016 and immediately the said amount was re-credited to her account under reference wrongly debited.  It is true that a debit of Rs.255 in two entries on 15.02.2017, two entries for Rs.255/- each on 15.03.2017 when the same was brought to the knowledge of the 3^rd opposite party and two entries for Rs.255/- each on 15.06.2017 towards LIC were debited.  Once the same was brought to the 3^rd opposite party knowledge and, on verification from the head office and ECS department, it was found that only 1^st opposite party is having the LIC policy and not the complainant.  The 3^rd opposite party sent a mail regard to this to the 2^nd opposite party and to the head office.  It was clarified that there was mistake committed by the LIC. The 1^st opposite party account number is 159201000007215 and the complainant account number is 156601000007215.  The LIC has wrongly noted the account number as 156601000007215 instead of 159201000007215 and filed the ECS and other forms.  The LIC and the 1^st opposite party made all the wrongs and 3^rd opposite party had no role.  There is no negligence on the part of the 3^rd opposite party.  The said debit amount was also credited to the complainant account on 18.12.2017 itself.  On the face of all these facts the 3^rd opposite party is not all liable to pay any compensation.

4. In order to prove the case, on the side of the complainant, the proof affidavit submitted for his evidence and Exhibit A1 to A3 were marked. While so, on the side of the 3^rd opposite party, the proof affidavit submitted for his evidence and Ex.B1 to B7 were marked.

5. Written argument filed and also oral arguments adduced on the side of the complainant and 3^rd opposite party.  Though the 1^st and 2^nd opposite party were remained ex-parte, this forum wants to dispose the case fully on merits.

6. At this juncture, the point for consideration before this Forum is:-

(1)Whether there is any deficiency in service on the part of the opposite parties?

(2) Whether the complainant is entitled for any compensation as prayed in the complaint?

(3) Whether the complainant is entitled for cost of Rs.50,000/-?

(4) To what other reliefs, the complainant is entitled?

7. Point No.1to3:-

 The case of the complaint is that the complainant is having saving account No.156601000007215 at Indian Overseas Bank, Porur Branch and the complainant has not having any policy in LIC in her name.  But the 3^rd opposite party had debited a sum of Rs.408/- on 15.02.2016 and two entries for Rs.408/- each on 15.10.2016 and two entries for Rs.255/- each on 15.10.2016 and in turn the complainant met the Bank Manager and the Bank Manager immediately credited the above said amount in the complainant account under reference wrongly debited.  Once again, on 15.02.2017 two entries for Rs.255/- each were debited from the complainant account towards LIC premium payment.  When the complainant enquired with the LIC of India regarding status of policy and founds that the 1^st opposite party has wrongly given the account number of the complainant.  More so, the 2^nd and 3^rd opposite party has not verified the name of the account holder.

8. On the other hand, the 3^rd opposite party admitted that the complainant is maintaining a saving account No.156601000007215 in IOB, Purur Branch.  The 3^rd opposite party also admitted that the 3^rd opposite party had debited Rs.255/- in two entries each on 15.02.2017 and the same was brought to the knowledge of the 3^rd opposite party and after verification the said debited amount were credited in the complainant account on 18.12.2017 itself.  Further the 3^rd opposite party contented that the LIC has wrongly noted the account Number as 156601000007215 instead of 159201000007215 and filing the ECS and other forms, that the LIC of India and the 1^st opposite party made all the wrongs and 3^rd opposite party had no role and therefore there is no negligence on the part of the 3^rd opposite party.

9. At this juncture, on careful perusal of the rival submissions putforth on either side there is no disputed between both sides that the complainant is maintaining a saving Bank account in Indian Overseas Bank, Purur Branch.  Further it is admitted by both parties that on 15.01.2016 a sum of Rs.408/- and on 15.10.2016 two entries of Rs.408/- each and two entries of Rs.255/- each  debited from the saving bank account of the complainant.  The complainant immediately met the manager of the 3^rd opposite party Branch Manager and informed about the wrong debit in his account.  Immediately the Branch Manager of the 3^rd opposite party has credited the said amount in the complainant account under the reference wrongly debited.  Again the 3^rd opposite party has debited Rs.255/- each two entries on 15.02.2017 towards payment of LIC premium.  Therefore the complainant enquired with the LIC of India and founds that the 1^st opposite party had given an account number of the complainant to the LIC of India.  The complainant is not having any LIC policy in the complainant name but unfortunately the said amounts were debited in complainant account towards LIC premium.

10. The complainant and 3^rd opposite party admitted that the 1^st opposite party has wrongly given the complainant Account No.159201000007215 instead of 156601000007215.  Hence the 1^st opposite party has wrongly given the account number of the complainant to the LIC of India in the ECS and other forms but the 1^st opposite party name is A.RajKumar and the complainant name is S.Gomathi.  Even though the 1^st opposite party wrongly given the account number of the complainant to the LIC, it is the duty of the 2^nd and 3^rd opposite party to verify the name of the parties before remitting the amount.  But unfortunately the 2^nd and 3^rd opposite party failed to verify the name of the account holders and wrongly debited the amount in the account of the complainant and that the attitude of the 2^nd and 3^rd opposite party amount to deficiency in service.  If the 1^st opposite party wantonly gave the account number of the complainant to the LIC, then complainant ought to have taken action against the 1^st opposite party as per law but the complainant failed to do so.  But the 2^nd and 3^rd opposite party can take action against the 1^st opposite party for committing the wrongful act.

11. The 3^rd opposite party after came to known about the wrong debit in the complainant account, the 3^rd opposite party credited the debited amount in the account of the complainant on 18.12.2017 that is after filing this consumer complaint.  The complainant has filed Ex.A1 copy of the pass Book to shows that the complainant is maintaining saving account and two debit entries made in the pass book towards payment of LIC premium.  The complainant issued a legal notice on 24.02.2017 to the opposite parties and the copy of the legal notice has been marked as Ex.A2 and the same was acknowledged by the opposite parties which are marked as Ex.A3.  But the opposite parties failed to send any reply to the legal notice.  The 3^rd opposite party has credited the amount in the account of the complainant which was wrongly debited.  Hence there is no loss to the complainant but the 2^nd and 3^rd opposite parties acted is a negligence manner and without verifying the name of the complainant and MICR code number has debited the said amount in the account of the complainant and committed deficiency in service and thereby the complainant sustained mental agony and hardships due to the deficiency of service on the part of the opposite parties 2 and 3.  But there is no deficiency in service on the part of the 1^st opposite party.  For the reason stated above, there is deficiency in service on the part of the opposite party 2to3 and the complainant is entitled for compensation and cost from 2^nd and 3^rd opposite parties.

12.Point No.4:-

In the result, this complaint is allowed in part.  Accordingly, the 2^nd and 3^rd opposite parties are jointly or severally directed to pay a sum of Rs. 10,000/- (Rupees Ten thousand only) towards compensation for causing mental agony, hardships and physical inconvenience to the complainant due to the deficiency in service of the 2^nd and 3^rd opposite parties and a sum of Rs.5,000/- (Rupees Five thousand only) towards cost of litigation to the complainant. The complaint against 1^st opposite party dismissed.

The above amount shall be payable within two months from the date of receipt of the copy of the order, failing which this said amount shall carry interest at the rate of 9% per annum till the date of payment.

Dictated by the president to the stent-typist, transcribed and computerized by him, corrected by the president and pronounced by us in the open Forum on this 10^th January 2019

    -Sd-                                       -Sd-                                        -Sd-

MEMBER     -II                    MEMBER –I                         PRESIDENT

List of document filed by the complainant:-

List of document filed by the 3^rd opposite party:-

  -Sd-                                             -Sd-                                                   -Sd-

MEMBER –II                           MEMBER – I                                  PRESIDENT