Delhi

East Delhi

CC/193/2015

HITESH - Complainant(s)

Versus

POONAM VOHRA - Opp.Party(s)

23 May 2016

ORDER

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

C.C. NO. 193/15

1. Sh. Hitesh Vohra

S/O Late O.P. Vohra

Resident of 126, First Floor Ram Nagar

Krishna Nagar, Delhi-110051

 

2. Mrs. Poonam Vohra Store

W/O Late O.P. Vohra

Resident of 126, First Floor Ram Nagar

Krishna Nagar, Delhi-110051

                                                                                                ….Complainants

Vs

M/s Bajaj Finance Limited

Registered Office at Mumbai Pune Road

Akurdi, Pune-411035

 

Also at:

Corporate Office:

4^th Floor, Bajaj Finance Corporate Office,

Off. Pune, Ahmednagar Road,

Viman Bagar,

Pune-411014 (Maharashtra)

(Through its Authorised Representative)

                                                                                                            ….Opponent

 

Date of Institution: 02.07.2015

Judgment Reserved for: 23.05.2016

Judgment Passed on: 30.05.2016

 

Order By: Ms. Harpreet Kaur Charya (Member)

 

JUDGEMENT

This complaint has been filed u/s 12 of the Consumer Protection Act against M/s Bajaj Finance Limited alleging that there has been deficiency in the service by the respondent. Complainant No.1 Shri. Hitesh has availed a loan facility from the respondent for the purchase of a Mediclaim Policy from [M/s Bajaj Allianz] for his mother Mrs. Poonam Vohra (complainant No.2), in the month of May 2013, for the renewal of the Mediclaim policy of his mother, vide Loan Account No. 401DPL00370301, for which he had given advance cheque to the respondent along with the cheques for EMIs. It is further stated that their representative had informed that complainants would receive the documents by the end of July 2013, but on enquiry from the office of M/s Bajaj Allianz the complainant came to know that the renewal of the insurance policy has not been done as a premium was not paid and as such the mediclaim policy of the complainant No.2 has lapsed. It is further stated that on perusal of the Bank Account Statement of complainant, the EMIs amount was being debited month by month from the account of complainant No.1 to the credit of M/S Bajaj Finance Limited. The complainant has stated in this complaint that the respondent used to directly pay the premium amount to M/s Bajaj Allianz for the Mediclaim Policies in the year 2011 and 2012 for which the amount was given to the complainant as loan. A legal notice dated 07/09/2013 was served upon the respondent demanding the claim of renewal of the Mediclaim Policy and to make the payment of premium to M/s Bajaj Allianz which was neither replied nor complied by the respondent.

Thus the complainants have prayed for the refund of amount deducted from the complainant’s account along with interest @18% per annum from the date of deduction, Rs.2 lakhs for the harassment and mental tension, and Rs.5,500/- towards notice charges.

Respondent was served, but they have not put an appearance, hence they have been proceeded ex-parte on 30/09/2015.

 In support of their case complainants have examined Shri Hitesh Vohra & Smt Poonam Vohra complainant No.1 & 2 respectively on affidavit. They have reiterated the facts in the complaint and have filed the documents viz. print out of the E-mails, statement of account, mentioning loan details and statement of bank account of complainant No.1.

We have heard the Ld. Counsel for the complainant and have perused the material placed on record.

The statement of bank account filed by the complainant shows that two EMIs for the months of July 2013 & August 2013 of Rs.1049/- have been debited, however that amount has been credited in an entry dated 30/08/2013, thus, the complainant are not entitled to refund, as they have already received the said amount before filing the complaint.  

However, it is evident that the complainant had to undergo harassment and mental pain for the period of non cover, but the complainant has not placed on record any bills/expenses of the medical tests and hospitalization bills if any to quantify the damages suffered during the period of non cover under the Mediclaim Policy of complainant No.2. Therefore the complainant is only entitled for compensation of Rs.20,000/- towards harassment and mental tension, Rs. 5,000/- towards cost of litigation. Thus in all an amount of Rs.25,000/- is awarded to the complainant. Hence, we direct the respondent M/S Bajaj Finance Ltd to pay the amount of Rs.25,000/- (Rs.20,000/- for compensation and Rs.5,000/- cost of litigation) with 9% interest thereon from the date of filing this complaint till the date of realization of the amount to the complainant.

Copy of this order be sent to both the parties as per law.

File be consigned to Record Room.

 

 

(P.N. TIWARI)                 (HARPREET KAUR CHARYA)                 (SUKHDEV SINGH)

   MEMBER                                       MEMBER                                           PRESIDENT