| Final Order / Judgement | DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION PATIALA. Consumer Complaint No. 36 of 3.2.2020 Decided on: 7.5.2021 Buta Singh, aged about 43 years r/o village Adaltiwala, Naraingarh Basawa Singhwala, Patiala (Punjab) …………...Complainant Versus - M/s Dealmoney Securities Private Limited(formerly Destimoney Securities Private Limited).Registered and Corporate Office at:
Plot No.A356/357, Road No.26, Wagle Industrial Estate, Thane (West)-400604(Maharashtra) - Sh.Abhijit Dey, National Sales Head-Distribution, M/s Dealmoney Securities Private Limited (formerly Destimoney Securities Private Limited). Plot No.A356/357, Road No.26, Wagle Industrial Estate, Thane (West)-400604(Maharashtra)
- Sh.Manoj Chaudhary, National Sales Head-Direct Channel, M/s Dealmoney Securities Private Limited (formerly Destimoney Securities Private Limited). Plot No.A356/357, Road No.26, Wagle Industrial Estate, Thane (West)-400604(Maharashtra)
- The Branch Manager, M/s Dealmoney Securities Private Limited (formerly Destimoney Securities Private Limited) SCO No.59-60, First Floor, Sector-9D, Madhya Marg, Chandigarh-160009(UT).
- The Branch Manager, M/s Dealmoney Securities Private Limited (formerly Destimoney Securities Private Limited), SCO No.137, Ist Floor, Feroze Gandhi Market, Ludhiana-141001(Punjab)
…………Opposite Parties Complaint under Sections 11-14 of the Consumer Protection Act, 1986. QUORUM Sh. Jasjit Singh Bhinder, President Sh.Vinod Kumar Gulati, Member ARGUED BY Sh.S.P.Verma, counsel for complainant. Opposite parties No.1to3 ex-parte. (Complaint against OPs No.4&5 has been withdrawn) ORDER JASJIT SINGH BHINDER,PRESIDENT - This is the complaint filed by Buta Singh (hereinafter referred to as the complainant) against M/s Dealmoney Securities Private Limited (formerly Destimoney Securities Private Limited) and others (hereinafter referred to as the OP/s).
- The brief facts of the case are that the complainant is an illiterate farmer and the agents of the OPs influenced him for the purchase of Mediclaim Insurance Policy namely Jeevandhan Platinum against the payment of one time premium of Rs.15200/-.Accordingly the complainant made the payment of Rs.15200/-as one time premium to the OP company through NEFT on 29.3.2017 from HDFC Bank through his account. It is averred that despite receipt of the amount, the OPs did not supply any copy of the signed/accepted proposal form and the original policy bond even despite of the complainant made several oral requests and sent e-mail to the OP company for the same but the OPs did not bother. Ultimately he got sent legal notice dated 14.6.2019 to customer care Manager of OP seeking current status of the policy. The OP company vide e-mail dated 15.6.2019 admitted the factum of issuance of said policy but vide e-mail dated 17.6.2019 flatly refused to supply the proposal form, documents of transactions done and policy bonds etc..Finding no alternative, again the complainant got sent legal notices through email dated 17.6.2019 and 21.6.2019 seeking supply of the policy bonds etc. and also to refund the premium paid by her but no response was given by the OPs. The said act and conduct of the OPs amounts to deficiency in service on their part which caused mental agony and harassment to the complainant. Hence this complaint with the prayer to accept the complaint by giving direction to the OPs to refund jointly and severally the premium of Rs.15200/- alongwith interest @ 24% per annum compounded monthly from 29.3.2017 till realization; to pay costs of Rs.50,000/- and also to pay compensation of Rs.1,00,000/-.
- At the initial stage, the ld. counsel for the complainant has withdrawn the complaint against OPs No.4&5.As such notice of the complaint was ordered to be issued to OPs No.1to3 who despite sending the notice through registered post did not come present to contest the complaint and were accordingly proceeded against ex-parte. The ld. counsel for the complainant has also filed an application for condonation of delay which was allowed vide order dated 12.3.2021.
- In support of the complaint, the ld. counsel for the complainant has tendered in evidence Ex.CA affidavit of the complainant alongwith documents Exs.C1 to C10 and closed the evidence.
- The ld. counsel for the complainant has also filed the written arguments. We have gone through the same, heard the ld. counsel for the complainant and have also gone through the record of the case, carefully.
- The ld. counsel for the complainant has argued that the OP company has received the amount of Rs.15200/- for the issuance of Medical Claim Policy namely Jeevandhan Platinum but have failed to send the policy documents. So the complaint be allowed.
- To prove his case, the complainant has tendered his affidavit,Ex.CA and has deposed as per her complaint,Ex.C1 is the document of the OP,Ex.C2 is the acknowledgment, Ex.C3 is the bank statement showing the deposit of Rs.15200/- to Destimoney Securities. The transaction is shown to have been made through NEFT from the account of the complainant Buta Singh.Ex.C4 is the email to Hemant Singh, CCM Destimoney @ Dealmoney, Mumbai by SP Verma,Ex.C5 is the legal notice dated 21.6.2019,Ex.C6 postal receipts,Ex.C7 is the envelop/postal receipt,Ex.C8 is letter, Ex.C9 is also the envelop/postal receipt, the letter from Ombudsman to the complainant, Ex. C10 is copy of e-mail.
- Admittedly vide Ex.C3, the complainant deposited Rs.15200/- to Dealmoney Securities through NEFT from his account. As per the complainant, the said payment has been made as premium for the purchase of Medi Claim policy namely Jeevandhan but the OPs did not send policy documents to him despite making oral request and sending e-mails .The complainant also got sent legal notices to the OP company for the supply of the policy documents but the OPs failed to send the policy documents to the complainant. The OPs have also not come present to contest the case of the complainant and the evidence led by him is remained uncontroverted. The act and conduct of the OPs shows that they have not deliberately sent the policy documents and remained mum. So from the documents placed on record, it is evident that the complainant deposited the amount of Rs.15200/- with the OPs as premium of the policy but the OPs did not send the policy documents. The OPs are thus deficient in providing services to the complainant and are liable to refund the amount deposited by the complainant.
- Accordingly the complaint stands allowed and the OPs No.1to3 are jointly and severally directed to refund the amount of Rs.15200/- alongwith interest @ 6% per annum from the date of deposit i.e. 29.3.2017 till realization. They are also directed to pay Rs.5000/- as compensation and also to pay another amount of Rs.5000/-as costs of litigation expenses.
Compliance of the order be made by the OPs within a period of 45 days from the date of the receipt of the certified copy of this order. ANNOUNCED DATED:7.5.2021 Vinod Kumar Gulati Jasjit Singh Bhinder Member President | |
