Delhi

StateCommission

A/10/216

HDFC BANK STANDARD LIFE INSURANCE CO. LTD. - Complainant(s)

Versus

SHRI MUNNA AND ANR, - Opp.Party(s)

03 Aug 2016

ORDER

IN THE STATE COMMISSION: DELHI

(Constituted under section 9 of the Consumer Protection Act, 1986)

 

Date of Decision: 03.08.2016

 

First Appeal-216/2010

 

 

        In the Matter of:

               

          M/s HDFC Standard Life Insurance

          Company Ltd.

          22, Community Centre

          New Friends Colony,

          New Delhi-110 025

	……Appellant     Versus     1. Sh. Munna D-384, Street No. 6 Noor Ilahi, Ghonda Delhi-110 053                                                                     …….Contesting Respondent   2. HDFC Bank C1/14A, Yamuna Vihar Delhi-110 053                                                                          Proforma Respondent

CORAM

  Justice Veena Birbal, President

  Salma Noor, Member

 

1.   Whether reporters of local newspaper be allowed to see the   judgment? 

2.   To be referred to the reporter or not?

 

Salma Noor, Member

1.             Present appeal is filed against order dated 22.12.2009  passed by the Consumer Disputes Redressal Forum, Nand Nagri, Delhi (in short ‘the District Forum’) in complaint case No. 309/08 whereby an award of Rs. 65,000/- has been passed in favour of the respondent-1/complainant along with interest @ 11% per annum from the date of deposit till payment and also Rs. 15,000/- has been awarded towards compensation and litigation expenses.

2.             Brief facts of the case are that the respondent-1/complainant who is an illiterate and poor person approached to the office of HDFC Bank Ltd./OP-1 On 03.03.2005 to make a fix deposit of Rs. 65,000/-. Being an illiterate person respondent-1/complainant handed over the entire amount to the HDFC Bank Ltd./OP-2 and in return OP-2 asked the respondent-1/complainant to sign some papers. The respondent-1/complainant signed all the papers. Thereafter, a copy of receipt was given to the respondent-1/complainant i.e. policy No. 10227424 dated 15.06.2005. The case of the respondent-1/complainant before the Ld. District Forum was that after 3 years i.e. on 14.04.2008 the respondent-1/complainant approached the HDFC Bank Ltd./OP-1 along with documents to get the matured amount back. It was told to him by the HDFC Bank Ltd./OP-1 that the policy had lapsed and no money would be given back because the respondent/complainant did not pay the entire amount of the policy, who actually purchased one life insurance policy instead of FDR. Thereafter, the respondent-1/complainant approached the Manager of the branch and requested him to return all the amount deposited by him. The respondent-1/complainant being an illiterate person had drafted the complaint from his friend and submitted the same with HDFC Bank Ltd/OP-1. The complaint was registered as complaint no. 01000000023918 with the HDFC Bank/OP-1 which is also annexed with the complaint of the respondent-1/complainant. The person who received the complaint told the respondent-1/complainant that after 40 days Bank will approach him. The grievance of the respondent-1/complainant is that after passing of 40 days he had approached several times to the office of the HDFC Bank Ltd./OP-1 and enquired about his complaint but none of the official paid attention to his grievances. Aggrieved by the behaviour of the official of the HDFC Bank Ltd./OP-1 and getting no relief, the respondent-1/complainant filed a complaint before the Ld. District Forum for refund of the amount of Rs. 65,000/- along with interest and also a compensation of Rs. 1,00,000/- along with Rs. 11,000/- as litigation.

3.             The District Forum issued notice to the Ops and despite having received the notice, no one appeared on behalf of the HDFC Bank Ltd./Ops and ex-parte order passed on 06.10.2009.

4.             Complainant had filed his affidavit in support of his complaint. After hearing the arguments and considering the documents filed by the complainant, Ld. District Forum passed the following order:

        “So we direct the bank to pay Rs. 65,000/- to the complainant alongwith interest @ 11% per annum from the date of deposit till date of payment. Since the complainant is an illiterate  person, the officials of the HDFC bank misguided the complainant and deposited the amount without explaining about the policy. We are inclined to award Rs. 10,000/- as compensation for the physical harassment and mental agony suffered by the complainant. We further award Rs. 5000/- as litigation expenditures.

 

5.             Appellant has filed the appeal against the aforesaid order of the Ld. District Forum.

6.             We have heard, Sh. G.L.N. Murthy, Counsel for the appellant, Sh. Abid Ibrahim, counsel for the respondent-1 and Ms. Archana Roy, counsel for respondent-2 and perused the material on record.

7.             Before going into the details and merits of the case it is pertinent to see as to who has filed the appeal before this Commission. The appeal is filed before this Commission by the appellant i.e. HDFC Standard Life Insurance. It is well settled law that the appeal can be filed only by the affected party who was a consumer or OP before the Ld. District Forum.

In the complaint case memo of parties filed before the Ld. District Forum, reads as under:

                Sh. Munna,

                D-384, St. 6, Noor Ilahi,

                Ghonda,

                Delhi-53                                                     Complainant

 

                                                Versus

 

                HDFC Bank Ltd.

                C-1,14A, Yamuna Vihar,

                Delhi-53                                             Opposite party-1

 

                HDFC Bank Ltd.

                22, Community Centre,

                New Friends Colony,

                New Delhi-25                                      Opposite Party-2

 

                HDFC Bank Ltd.

                Ramon House

                HT Parekh Marg,

                169, Backbay Reclamantion,

                Mumbai-400 020                                 Opposite Party-3

 

8.             Neither the appellant was a complainant before the Ld. District Forum nor his name is mentioned as any of the opposite parties. Therefore, the appellant has no cause of action/ground to prefer this appeal against the impugned order dated 22.12.2009 since he was not a party before the Ld. District Forum.

9.             The appeal of the appellant is also not maintainable as there is no direction against the appellant in the impugned order dated 22.02.2009. There is a specific direction for the bank/OPs in the operative portion of the impugned order to pay Rs. 65,000/- to the complainant along with interest @ 11% per annum from the date of deposit till pate of payment. Nowhere the Ld. District Forum has held liable the present appellant i.e. M/s HDFC Standard Life Insurance for the deficiency and passed any award against the HDFC Standard Life Insurance. Hence, the present appeal filed by the appellant is misconceived and bad in eyes of law, is liable to be dismissed and accordingly, we dismiss the same.

10.            We hereby clarify there that since the award is passed against the HDFC Bank Ltd./OP and the said bank has not filed any appeal before this Commission so no relief can be given to HDFC Bank who is respondent-2 in this appeal.

                As discussed above, the appeal is dismissed.

                A copy of this order be sent to the parties free of costs as well as to Ld. District Forum for necessary information. Record of the District Forum be also sent back forthwith.

                File be consigned to record room.

(Justice Veena Birbal)

President

 

 

(Salma Noor)

Member