Tamil Nadu

South Chennai

CC/86/2006

C.Palaniappan - Complainant(s)

Versus

Royal Sundaram Alliance Insurance Company ltd., - Opp.Party(s)

N.R.Anandaramakrishna

21 Sep 2017

ORDER

                                                                        Date of Filing :   28.12.2006

                                                                        Date of Order :   21.09.2017

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, CHENNAI (SOUTH)

     2^nd Floor, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai-3

PRESENT: THIRU. M.MONY, B.Sc., L.L.B. M.L.,                     : PRESIDENT            

            DR. T.PAUL RAJASEKARAN, M.A ,D.Min.PGDHRDI, AIII,BCS : MEMBER II

C.C.NO.86/2006

THURSDAY THIS  21^ST  DAY OF SEPTEMBER 2017

 

C. Palaniappan,

Director,

Sree Venus Energy Systems (P) Ltd.,

No.135, Burma Colony,

Old Mahabalipuram Road,

Perungudi,

Chennai 600 096.                                          .. Complainant

                                        ..Vs..

 

1. M/s. Royal Sundaram Alliance

Insurance Company Ltd.,

By its Officer-Customer Service,

No.46, Whites Road,

Chennai 600 014.

 

2. M/s. SBI Cards & Payments

Services Pvt. Ltd.,

Rep. by its Director,

Having its Registered office at,

SBI Local Head Office,

11, Parliament Street,

New Delhi 110 001.                                  .. Opposite parties.

 

 

Counsel for Complainant               :    M/s. N.R.Ananthaaramakrishnan &

                                                        Others.    

Counsel for opposite party-1          :    M/s. M.B.Gopalan

Counsel for opposite party-2          :    M/s. M.Anbalagan   

 

ORDER

THIRU. M. MONY, PRESIDENT

This complaint has been filed by the complainant against the opposite parties under section 12 of the Consumer Protection Act 1986 seeking direction to pay a sum of Rs.50,000/- towards mental agony and also to pay Rs.10,000/- towards cost of the complaint.

 1. The averment of the complaint in brief are as follows:

        The complainant submit that the  on 10.9.2004 the 1^st opposite party sent the Health Insurance Policy along with  4 membership Credit cards belongs to the 2^nd opposite party.   Since the complainant opted for the Health Insurance Policy of the 1^st opposite party, he had returned the policy papers and the membership cards to the 1^st opposite party.   The 1^st opposite party also cancelled the said policy on 5.10.2014 and refunded the amount of Rs.2092/- to the complainant.    Thereafter the 2^nd opposite party repeatedly  raising bills, against  claiming late fee, reward fee, annual fee interest charges and additional card fee etc. from the complainant.     Accordingly the complainant issued legal notice to the opposite parties on 10.8.2005.  The 1^st opposite party has received the legal notice, the opposite parties are continuing to issue such baseless and unsustainable claims to the complainant.    As such the act of the opposite parties clearly amounts to gross deficiency in service & unfair trade practice  and thereby caused harassment, mental agony  and hardship to the complainant.  Hence the complaint is filed.

 

2. The brief averments in Written Version of  the opposite party-1 are as follows:

        The opposite party denies each and every allegation except those that are specifically admitted herein.    The 1^st opposite party submit that in the present case after the policy was accordingly issued, when the complainant informed that the policy was not required this opposite party cancelled the same and refunded the premium as admitted in the complaint.    So far as this opposite party is concerned while it had provided cover on remittance from the bank, it had cancelled the policy immediately on receipt of intimation from the complainant.   The 1^st opposite party also state that  thereafter this opposite party is not aware of the transactions between the bank and the complainant especially the various bills for late fee, reward fee etc. mentioned by the complainant.  This opposite party is an independent entity engaged in insurance business, which cannot be held responsible for the bank’s demands, transactions and charges.    This opposite party has been wrongfully impleaded in the complaint on the basis of bills raised by the bank and the claims made against it are baseless, untenable and frivolous.    The allegations of various demands being made by the 2^nd opposite party are all not within the knowledge of this opposite party.   This opposite party cannot be held responsible for any demands made by the 2^nd opposite party.  Hence there is no deficiency in service on the part of the opposite party  and therefore this complaint is liable to be dismissed.

3.       Written Version of 2^nd opposite party not filed.  

       

4.     In order to prove the averments of the complaint, the complainant has filed proof affidavit as his evidence and documents Ex.A1 to Ex.A17 marked.  Proof affidavit of 1^st opposite party filed and no documents   marked on the side of the opposite parties.  

5.   The point for the consideration is:  

 

Whether the complainant is entitled to a sum of Rs.50,000/- towards mental agony with cost of Rs.10,000/- as prayed for ?

 

6.  

       

The complainant pleaded and contended that on 10.9.2004 the 1^st opposite party sent the Health Insurance Policy along with 4 membership Credit cards belongs to the 2^nd opposite party.Since the complainant opted for the Health Insurance Policy of the 1^st opposite party, he had returned the policy papers and the membership cards to the 1^st opposite party as per Ex.A1.As per Ex.A2 the 1^st opposite party also cancelled the said policy on 5.10.2014 and refunded the amount of Rs.2092/- to the complainant.Thereafter the 2^nd opposite party repeatedlyraising bills, againstclaiming late fee, reward fee, annual fee interest charges and additional card fee etc. from the complainant.One such demand was made on 19.9.2004.Hence the complainant sent letter Ex.A5 dated 6.11.2004 to the 2^nd opposite party.The complainant sent repeated letters Ex.A7, Ex.A8 & Ex.A10 dated 22.11.2004, 22.1.2005 and 4.3.2005 raising the objection regarding the various claim made by the opposite parties which amounts to unfair trade practice.On 13.6.2005 the 2^nd opposite party sent a letter Ex.A12 informing that there is a huge outstanding of Rs.3174.34 which is absolutely false.Hence the complainant issued legal notice Ex.A14, dated 10.8.2005 to the opposite party and filed this case for claiming compensation.

7.  

In the result, the complaint is allowed in part.The opposite parties are jointly and severally liable to pay compensation of Rs.5,000/- (Rupees Five thousand only) towards mental agony and cost of Rs.5,000/- (Rupees Five thousand only) to the complainant.

The aboveamounts shall be payable within six weeks from the date of receipt of the copy of this order, failing which, the said amounts shall carry interest at the rate of 9% p.a to till the date of payment.    

 

            Dictated by the President to the Assistant, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 21^st day  of  September 2017.  

 

MEMBER-II                                                                     PRESIDENT.

Complainant’s side documents:

Ex.A1- 1.10.2004  - Copy of letter by complainant to 1^st opposite party.

Ex.A2- 5.10.2004  - Copy of letter by 1^st opp. part to complainant.

Ex.A3- 14.10.2004         - Copy of letter by 2^nd opp. party to complainant.

Ex.A4- 19.10.2004         - Copy of letter by 1^st opp.party to complainant.

Ex.A5- 6.11.2004  - Copy of letter by complainant to 2^nd opp. party.

Ex.A6- 19.11.2004         - Copy of bill by the 2^nd opposite party.

Ex.A7- 22.11.2004         - Copy of letter by complainant to 2^nd opp. party.

Ex.A8- 22.1.2005  - Copy of letter by complainant to 2^nd opp. party.

Ex.A9- 19.2.2005  - Copy of bill by the 2^nd opp. party.

Ex.A10- 4.3.2005  - Copy of letter by complainant to 2^nd opp. party.

Ex.A11- 19.5.2005         - Copy of bill by the 2^nd opposite party.

Ex.A12- 13.6.2005         - Copy of letter by 2^nd opposite party to complainant.

Ex.A13- 19.7.2005 – Copy of bill by the 2^nd opposite party.

Ex.A14- 10.8.2005         - Copy of legal notice.

Ex.A15- 19.9.2005         - Copy of bill by the 2^nd opp. party.

Ex.A16- 19.10.2005 – Copy of bill by the 2^nd opp. party.

Ex.A17- 19.11.2005  - Copy of bill by the 2^nd opp. party.

Opposite parties’ side document: -    .. Nil..

 

MEMBER-II                                                                                  PRESIDENT.