This is an application u/s.12 of the C.P. Act, 1986. Complainant by filing this complaint has submitted that complainant maintains a good relationship with OP and their transaction was healthy for credit card bearing no.4541982328667891, 4541982339555788 and 4196074957245179. But a conflict was arisen in between the complainant and the OP regarding repeated and regular payment of insurance premium from the said credit card without any instruction and consent of the complainant and fact remains complainant never gave any instruction for transferring the money from said credit cards to Royal Sundaram but OP’s agent and representative continuously harassed the complainant for collection the dues for last few months which has caused mental pain and agony because of the false insurance policy opened by the OP probably without the consent of the complainant because there is a tie up between the Royal Sundaram and present OP so OP is so much interested about that and accordingly OP transferred money from complainant’s credit card to such insurance policy without any written instruction or by any email to the OP. Fact remains complainant has no desire and intention to open any such insurance policy when it was unauthorisedly and illegally opened by bank who authority never take any written permission and verbal permission from the complainant and even after that Bank Authority pressurized the insured and to cope with the situation complainant had to make his own settlement in taking last statement from Bank Authority and his appointed advocate also tried to settle the matter but all are in vain. Thereafter, complainant sent an Advocate notice to the Bank Authority but the Bank Authority did not take note and return the said letter by refusing the same. Practically the service so far rendered all the sufferings, deficiency and also by harassing and for which the present complaint is filed for redressal. On the other hand OP by filing written version (Bank Authority) submitted that complaint is not maintainable in law and at the same time it is bad for non-joinder of necessary parties Royal Sundaram and further submitted that OP Bank is just a facilitator to the complainant to make the payment on his behalf through the credit card account for the policy taken by the complainant with the insurance company. Complainant failed to make the premium of the insurance company for which it was debited from the credit card account of the complainant for payment to the insurance company so, there was no laches and deficiency on the part of the OP and for which the complaint should be dismissed for non-joinder of parties. Further it is submitted that as per records of the OP the complainant had availed of 19 policies of Royal Sundaram Insurance Company and for payment of premium and wrongly complainant well in advance reported to the OP and accordingly, the amount was debited from the account of the complainant and so transferred to the insurance companies account. But fact remains all the policies are either lapsed or cancelled. So, OP acted as per instruction if there is any allegation against the OP that is not tenable but complainant ought to have filed such cases against Royal Sundaram but as because the amount was debited from the complainant’s account invariably complainant shall have to pay that amount. OP requested the complainant to clear the dues against the credit card and in the above situation the complaint should be dismissed. Decision with Reasons After thorough study of the complaint and written version and practically considering the existence of 19 insurance policies in the name of the complainant having all are fresh in nature and present status of all the policies are either lapsed or cancelled. Then question is whether complainant purchased policies on each and every month but after considering the entire fact as produced by the OP we have gathered that there is certain abnormal trade of the insurance company with the OP and fact remains OP has failed to show that against all the policies complainant sent letter to the OP for depositing the premium amount against each fresh policy from credit card but no such document is produced by the OP. Then question is under what circumstances OPs debited the said amount from the complainant’s account and credited it to the Royal Sundaram further fact is that OP has failed to prove by any cogent evidence that OP opened those policies and sent such instruction in writing or by email or to deposit the premium after debiting from present credit card and no doubt OP has failed to show that then question is how OP debited the said amount from the complainant’s account and to that effect no doubt OPs conduct is completely unethical and uncalled for when OP has failed to produce any sort of written or email permission for debiting the said amount from credit card to Royal Sundaram. So, in the above situation we have gathered that OP cannot claim any amount from the complainant at this stage without producing such letter of the complainant to the effect that from his debit card the amount shall be debited and shall be transferred to the account of Royal Sundaram Insurance Company but after considering the entire fact it is clear that the present OP acted illegally and the practice as adopted by the OP is no doubt unfair trade practice and for which invariably complainant has been harassed being a very renowned doctor. In view of the above situation complainant is entitled to get such relief against the OP and OP cannot claim any amount in respect of deduction of amount from the account of the complainant and for crediting the same in the account of Royal Sundaram against such fresh one after another policy. In the result, the case succeeds. Hence, Ordered That the case be and the same is allowed on contest against OP with a cost of Rs.5,000/- (Rupees Five thousand only). OP is hereby directed not to disturb the complainant by any means whatsoever for realization of any amount for said credit card in view of the fact complainant never instructed the OP bank to deposit such premium to the account of Royal Sundaram after deducting this from the complainant’s said credit cards. OP is directed to comply this order and shall not disturb the complainant by any means regarding realization of alleged amount. OP shall have to comply the order failing which penal action shall be started against them and penalty shall be imposed upon OP.
| | [HON'ABLE MR. Ashok Kumar Chanda] MEMBER[HON'ABLE MR. Bipin Muhopadhyay] PRESIDENT[HON'ABLE MRS. Sangita Paul] MEMBER | | 
