BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SIRSA.              

                                                          Consumer Complaint no. 605 of 2022.                                                                      

                                                           Date of Institution :    30.09.2022.

                                                          Date of Decision   :    24.04.2024.

Kumud Bansal (aged about 65 years) daughter of Sh. Ramanand Ji Bansal, resident of Golden Oak, Hisar Road, Near Fly-over Sirsa.

                                ……Complainant.

                             Versus.

The Manager, Axis Bank, Sangwan Building, Opposite Bharat Petroleum Petrol Pump, Dabwali Road, Sirsa.

...…Opposite party.

            Complaint under Section 35 of the Consumer Protection Act, 2019.

Before:       SH. PADAM SINGH THAKUR ………………PRESIDENT                                   

              SMT. SUKHDEEP KAUR……………………….MEMBER.

Present:       Sh. Ravinder Monga, Advocate for complainant.

                   Opposite party already exparte.                                       

ORDER

                   The complainant has filed the present complaint under Section 35 of the Consumer Protection Act, 2019 against the opposite party (hereinafter referred to OP).

2.                In brief, the case of complainant is that complainant is a quite vigilant about the health feature. She had obtained two insurance policies from a reputed company known as Star Health and Allied Insurance Company Ltd. That complainant got purchased policy number P/161124/01/2022/018100 known as Health Insurance Policy and also purchased another insurance policy bearing No. P/211121/01/2021/016034 known as Senior Citizen Red Carpet Health Insurance Policy. That she is having a personal saving account No. 913010032098004 since long. It is further averred that complainant normally updates her account as per the need and transaction and all the time there are sufficient amount in her account. The complainant prior to renewal date made the payment of annual premium of Rs.26,550/- in policy No. P/161124/01/2022/018100 through cheque No. 108953 dated 20.03.2022. Similarly the complainant had also sent cheque No. 108954 dated 20.03.2022 of Rs.40,468/- in policy number P/211121/01/2021/016034 and both the cheques were given to the insurance company at Sirsa office, which have also presented the same to their banker. It is further averred that complainant was/is having sufficient amount for clearance of both the above mentioned cheques. The complainant was stunned and shocked to know that her banker has dishonored both the cheques on 22.03.2022 with the remarks “Funds Insufficient”.  It is further averred that complainant upon coming to know about the unexpected remarks given by the op’s bank despite the fact that there was sufficient amount in her account and upon coming to know about the sheer negligence, carelessness, deficiency in service and unfair trade practice adopted by the op, personally contacted the op but the op bank and its officials failed to give any proper reply to the genuine complaint of complainant and as such she made payment of premium through her brother. That complainant had to make payment of additional charges of Rs.12,330/- on account of delayed payment and also to spend Rs.5000/- extra for arranging to make the payment and to save the lapsing of both the policies. The complainant and her family members had to initiate special efforts for saving both the policies and have to drop their regular work by giving priority for renewal of the policies. It is further averred that complainant remained disturbed and disappointed till the renewal of the policies and had to cancel her pre-scheduled programme as she was going for a family tour and all the bookings of Hotel and others amounting to Rs.50,000/- have been cancelled. That complainant got issued a legal notice on 17.06.2022 and thereafter first and final reminder of legal notice dated 21.07.2022 was issued to the op calling upon to submit a written apology for its illegal act of dishonoring of cheque and to compensate her for the financial losses as well as other losses, but the op did not pay any heed to the same. The complainant also approached to the op personally and requested to compensate her for the losses but the op failed to give any proper and satisfactory reply rather postponed the matter with the lame excuse that matter requires departmental enquiry and complainant reserves her right to know the name and designation of each and every official involved in this matter including the op being responsible and incharge of every act of the branch. That complainant is having a great reputation in the society whereas on account of dishonoring of cheque being a public record the op in such an illegal and unlawful manner defamed the sound reputation of complainant and she also reserves her right to file a criminal complaint as well as suit for damages against the op before the competent court of jurisdiction. The authorized person of the insurance company personally contacted and inquired about the reason of dishonoring the cheque and as such complainant felt embarrassment. Hence, this complaint seeking direction to the op to surrender a written apology by accepting the deficiency, negligence on its part, and to pay amount of Rs.12,330/- plus Rs.5000/- incurred by complainant on account of dishonoring of cheques and also to pay compensation of Rs.50,000/- for mental harassment and also to pay litigation expenses.

3.       On notice, initially op appeared through its official but when the case was fixed for filing written statement, none appeared on behalf of op and as such op was proceeded against exparte.

4.       The complainant in evidence has tendered her affidavit Ex.C1, affidavit of Sh. Pankaj Bansal as Ex.C2 and documents Ex.C3 to Ex.C19.

5.       We have heard learned counsel for complainant and have gone through the case file carefully.

6.       The complainant in order to prove her complaint has furnished her affidavit Ex.C1 in which she has reiterated all the contents of her complaint. Her brother Sh. Pankaj Bansal has also tendered his affidavit Ex.C2 in which he has supported the version and case of the complainant. From the document Ex.C11, it is evident that both the cheques of Rs.40,468/- and Rs.26,550/- dated 20.03.2022 issued by complainant in favour of insurance company as premiums of insurance policies have been dishonored by the op on the ground of “Funds Insufficient” whereas from the statement of account Ex.C10, it is evident that at the relevant time the complainant was having sufficient balance to honor both the cheques as on 24.03.2022 she was having balance amount of Rs.1,78,740.46 in her account. As such op bank is negligent and deficient in service towards the complainant and has lowered down the reputation of the complainant. The complainant had to pay extra amount of Rs.12,330/- as penalty for late payment to the insurance company as is evident from deposit slip dated 31.03.2022 Ex.C14. According to complainant she had to spend another extra amount of Rs.5000/- for making arrangement to make payment and to save the lapsing of both the policies and had also cancelled her bookings and suffered another loss of Rs.50,000/- due to wrong and illegal act of the op bank. The op bank despite above said negligence, deficiency in service did not bother to give any satisfactory reply or apology to the complainant and even despite appearance failed to contest the complaint and opted to be proceeded against exparte and as such the op deserves to be handled with hard handed for such carelessness especially for having no respect to the law. The op bank could have satisfied the complainant by admitting its mistake as earlier wanted by her but it has failed to do so despite legal notice. As such complainant is entitled to an amount of Rs.17,330/- from op which has been spent by her on account of extra charges for payment of insurance premiums to the insurance company in order to avoid lapsing of both the policies. The op bank has caused deficiency in service and unnecessary harassment to the complainant and as such op bank is also liable to compensate the complainant for harassment etc. However, complainant has not placed on file any document to prove that there was any booking of hotel etc. and she cancelled the same.

7.                In view of our above discussion, we allow the present complaint and direct the op bank to pay an amount of Rs.17,330/- to the complainant alongwith interest at the rate of @6% per annum from the date of filing of this complaint i.e. 30.09.2022 till actual realization within a period of 45 days from the date of receipt of copy of this order. We also direct the op bank to further pay a sum of Rs.15,000/- as compensation for harassment and Rs.5000/- as litigation expenses to the complainant within above said stipulated period. A copy of this order be supplied to the parties as per rules. File be consigned to the record room.

Announced.                                       Member                President

Dt. 24.04.2024.                                                    District Consumer Disputes                                                                                 

                                                                         Redressal Commission, Sirsa.