DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION (EAST)
GOVT. OF NCT OF DELHI
CONVENIENT SHOPPING CENTRE, FIRST FLOOR,
SAINI ENCLAVE, DELHI – 110 092
C.C. No.414/2022
| Shiv Charan R/o H.No. 576, Shanti Marg, Gali No.10, West Vinod Nagar, Mandawali, Delhi – 110092. | ….Complainant |
Versus |
| State Bank of India Dairy Farm, Ghazipur, Delhi – 110092. | ……OP |
Date of Institution: 20.07.2022
Judgment Reserved on:09.04.2024
Judgment Passed on: 09.04.2024
QUORUM:
Sh. S.S. Malhotra (President)
Sh. Ravi Kumar (Member)
Ms. Rashmi Bansal (Member)- on leave
Judgment by: Shri Ravi Kumar (Member)
JUDGMENT
The Complainant has alleged unfair trade practice and deficiency in service on the part of OP in debiting his account many times and issuing insurance policy without any consent/mandate from him.
- The Complainant a Senior Citizen of 67 year of age, is maintaining account No.10086720208 with the OP. He has alleged that from his account OP had debited Rs.100/- as premium towards insurance policy on 31.07.2013 without his consent which was further followed on 05.08.2014. In the year 2015 the OP debited Rs.200/- toward insurance policy and the sum assured was increased from Rs.2,00,000/- to 5,00,000/- and when the Complainant protested/disputed the said transactions and asked the OP2 to cancel the same then OP on 16.05.2016 refunded the amount of Rs.200/- to the Complainant. However the OP again deducted Rs.200/- from the account of Complainant on 23.08.2016 and returned it on 18.04.2017. The Complainant has further stated that the OP further deducted Rs.500/- on 13.11.2019, 26.11.2020 and 22.11.2021 (03 times), for Insurance Policy for Rs.10,00,000/- without his consent. The Complainant has sought refund of total amount of Rs.2,300/- so deducted by the OP from his account towards insurance policy and has sought compensation of Rs.50,000/- besides cost of litigation.
- Notice was issued to the OP and though OP appeared initially but subsequently stopped appearing and did not file its reply and was proceeded ex-parte on 09.04.2024.
- The Complainant has filed his evidence by way of affidavit.
- This Commission has heard the arguments of the Complainant and perused the records. The case of the Complainant is that he is maintaining SB Account No.10086720208 since many years with the OP however from the year 2013 suddenly OP started deducting Rs.100/- on its own from his account towards Insurance premium for Rs.2,00,000/- which was increased to Rs.200/- in the year 2015 and the cover was also increase of Rs.5,00,000/-. Subsequently, in the year 2019 the enhanced premium of Rs.500/- was deducted giving cover of Rs.10,00,000/- which continued in 2020 as well as 2021.
On the protest of the Complainant some premiums were refunded by the OP in 2015, 2016 & 2017 which establishes that OP has wrongly debited the amount towards insurance premium without his consent. On perusal of statement of account of the Complainant from 24.05.2013 to 25.012.2022 as filed by the Complainant during the course of proceedings it can be observed that he is not maintaining high amount of balance and even deduction of Rs.100/-, Rs.200/-, Rs.500/- matters to him and that is the reason he protested such unauthorized deductions and asked OP to stop the same but in vain and Complainant had to lastly file complaint case against the OP in the Commission to stop this harassment to him which is a sorry state of affairs. A matter which could have been easily resolved by the OP has culminated into the present case. However it is noted from the account statement that OP had deducted total amount of Rs.2500/- in from 2013 to 2022 and has refunded Rs.2300/- to the complainant on his request. Hence the amount remaining is Rs.200/- only.
When the customer (Complainant) of the OP is protesting such unauthorized deductions from his account then OP should have immediately stopped it but OP did not do so and recurring deductions continued in the account of the Complainant causing him mental agony and harassment making thereby this case a fit case for imposing exemplary cost on the OP, however Commission is restraining itself in doing so.
OP is State Bank of India which is a largest public sector bank and has huge customer base and people generally have faith in the system and procedure adopted by the OP Bank. However, this case is an exception and OP Bank had deducted insurance premium amount from the account of the Complainant without his consent, who is a senior citizen of 67 years of age and may not be eligible for Insurance coverage without medical check-up and the copy of the policy was also not given to the Complainant. On protest OP Bank has refunded some of the premium amount between 2015 and 2017. Thus deficiency in service is apparent on the face of it. Otherwise also OP Bank is ex-parte and the complaint filed by the Complainant goes un-rebutted.
For the reasons stated herein above the Commission holds OP liable for deficiency in service and orders as follows:
- OP shall refund Rs.200/- alongwith interest @9% p.a. to the Complainant from the date of filing of the complaint i.e. 20.07.2022;
- OP shall pay consolidated amount of Rs.6500/- to the Complainant towards mental agony and harassment as well as towards litigation.
If this Order is not complied within 30 days from the date of the Order then OP shall pay interest on all the above amount @12% p.a. from 20.07.2022 till the date of realization.
Copy of the order be supplied/send to parties free of cost as per rules.
File be consigned to Record Room.
Announced on 09.04.2024
