Chandigarh

DF-II

CC/679/2020

Smt. Rashi Jindal - Complainant(s)

Versus

Policy Bazaar.Com - Opp.Party(s)

In Person

05 Jun 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II,

U.T. CHANDIGARH

 

Consumer Complaint  No	:	679 of 2020
Date  of  Institution	:	15.12.2020
Date   of   Decision	:	05.06.2023

 

 

 

 

 

Rashi Jindal w/o Sh.Arun Jindal, R/o H.No.1242, H.No.1242, Sector 19-B, Chandigarh 160019

             …..Complainant

 

Versus

Policy Bazaar.com, Registered Office Building No.119, New Ramda Hotels, Sector 44, Gurugram, Haryana 122003 through its Managing Director

   ….. Opposite Party

 

 

BEFORE:  MRS.SURJEET KAUR PRESIDING MEMBER

                MR.B.M.SHARMA                 MEMBER

 

Argued by:-     Complainant in person.

Sh.Munish Kumar Garg, Counsel of OP

 

 

PER  B. M. SHARMA, MEMBER

        The case of the complainant precisely is that on 13.6.2020 she purchased an insurance policy in respect of his Car bearing No.HR01W0217 from the OP through Online Portal. In this process she made twice payments of Rs.3801/- as one of the transactions was reflected as failed (Ann.C-1). However, the amounts against both the transactions were deducted from her account including the failed transaction.  As such, the complainant requested the OP to refund the amount of one of the transactions i.e. Rs.3801/- which was deducted even when the transaction was shown as failed. It is submitted that the OP despite being provided with details of her bank account via Cancelled Cheque on 28.7.2020, did not make the refund. The complainant alleged to have sent emails to the OP in this regard but to no avail.  Hence, this complaint has been preferred.    

 

2]       The Opposite Party has filed written statement and while admitting the factual matrix of the case, stated that on 13.6.2020 the complainant purchased an insurance policy through web portal of the OP and paid Rs.3801/- using Amazon Pay Wallet and accordingly, the insurance policy was issued in her name  (Ann.OP-1).  It is also stated that the complainant on that very day made another payment of Rs.3801/- through her Credit Card for insurance policy, but the said transaction was failed and thus the said amount was duly refunded & credited to her credit card No.517252******6567 on 3.8.2020 through which the payment was made. It is submitted that the complainant has malafidely suppressed the said fact nor placed on record her credit card statement. Pleading no deficiency in service and denying all other allegations, the OP has prayed for dismissal of the complaint.

        

3]       Parties led evidence in support of their contentions.

 

4]       We have heard the complainant in person, ld.Counsel for the OP and have gone through the documents on record including the written arguments.

 

5]      The complainant vide her rejoinder admitted to have received the amount in dispute from the OP.

 

6]       The ground put forth by the complainant about her ignorance is that she was not aware that the OP had refunded the amount in her SBI Card and the confusion occurred due to incorrect details provided by the OP Customer Care. However, the complainant did not dispute that the disputed payment was made by her through her SBI Card nor she placed on record the Account Statement of her SBI Card of the relevant period. Therefore, we are of the view that such a plea of the complainant is not at all justified and clearly amounts to concealment of material facts. The complainant, an educated person, expected to approach this Commission only after having been cleared of all things and it being a last resort available to her.  But by not doing so and due to her casual approach, she preferred the present complaint, which is frivolous & vexatious and hence wasted the precious time of this Commission.  However, taking a lenient view, no adverse order is being passed against the complainant. The complaint is hereby dismissed being meritless with no order as to costs.

         Certified copy of this order be sent to the parties, free of charge. After compliance, file be consigned to record room.

Announced

5^th June, 2023              

                                                                                                 Sd/-

 (SURJEET KAUR)

PRESIDING MEMBER

 

Sd/-

(B.M.SHARMA)

MEMBER