Date of Filing:14.10.2008<br /> Date of Order:27.02.2009<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20<br /> <br /> Dated: 27 TH DAY OF FEBRUARY 2009<br /> PRESENT<br /> <br /> <br /> <br /> Sri S.S. NAGARALE, B.A, LL.B. (SPL.), President.<br /> Smt. D. LEELAVATHI, M.A.LL.B, Member.<br /> Sri BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member.<br /> <br /> <br /> COMPLAINT NO: 2222 OF 2008<br /> <br /> <br /> B. Chandrashekar,<br /> No. 186, I Floor, 7th ‘B’ Main Road,<br /> III Cross, Hampinagar (Old RPC Layout),<br /> Bangalore 560 104. Complainant<br /> <br /> V/S<br /> <br /> 1. Tata AIG General Insurance Co. Ltd.,<br /> Regd. Office: Peninsola Corporate Park,<br /> Nicholas Piramal Tower, 9th Floor,<br /> G.K. Marg, Lower Parel, <br /> Mumbai-400 013, <br /> Represented by Mr. Shiney Prasad,<br /> Senior Vice President,<br /> Operations & Systems.<br /> <br /> 2. HSBC, 610, Ambal House, <br /> Anna Salai, Chennai-600006,<br /> Represented by Mr. K.C. Mahesh,<br /> Manager, Credit Card Service. Opposite Party<br /> <br /> ORDER<br /> By the President Sri. S.S. Nagarale<br /> <br /> This is a complaint filed by the complainant seeking refund of Rs.11,472/- with interest and costs. <br /> The brief facts of the case are that, the complainant approached opposite party No.2 for having Health Insurance. As per the suggestion given by officials of the opposite party No. 2 the complainant submitted relevant application for Tata AIG Complete Care Personal Injury Policy for an annual premium of Rs.4,230/- for plan 2 for self and spouse. But the opposite party No.1 sent the policies for Health Care, Maharaksha, Criti Care, and Income Guard, which were not sought by the complainant. This was brought to the notice of opposite party No.1 vide letter dated 21/07/2008 by RPAD. The complainant sought cancellation of “uncalled” policies since the complainant has lost faith in the respondent No.1. However, in spite of repeated reminders, the opposite party No.1 neither cancelled the policies nor refunded the amount to the complainant. On the contrary the opposite party No.1 has deducted Rs.3m824.14 being the monthly premiums for all the aforesaid policies on 30th August, 2008 and 4th September-2008. The total amount collected is Rs.11,472.42. The opposite party No.2 deducted the premium of all the aforesaid policies without the permission of complainant. The complainant has given clearance to opposite party No.1 to deduct Rs.4,230/- annual premium from the credit card. The copies of the credit card statement showing the debits made by the opposite party No.2 are enclosed. This was brought to the notice of the customer care center of opposite party No.2, though promised to take suitable action, nothing has been done. Hence, the complaint. <br /> 2. Notice was issued to opposite parties. Notices served. The opposite party No.1 remained absent though served with notice. Representative of opposite party No.3 appeared in person. Opposite party No.2 appeared through Advocate and filed defense version. <br /> 3. Affidavit evidence filed. Arguments are heard. <br /> REASONS<br /> <br /> 4. The company Secretary and Vice-President of TATA AIG General Insurance Company filed his affidavit. In his affidavit he has stated that all the policies issued to the complainant have been cancelled and the entire premium amount of Rs.45,890/- refunded to the complainant, by way of reversal to his amount and the affidavit being filed for limited purpose with a bonafide intention in settling the dispute so that complainant can be disposed off immediately. Since the company already refunded the entire premium amount paid by the complainant, the company extended full help and co-operation to resolve the dispute. Hence nothing survives for consideration. Therefore, the complaint deserves to be dismissed or alternatively the opposite party submitted that complainant be directed to withdraw the complaint. The opposite party No.2 has also furnished statement of account showing the reversal of entire premium amount by opposite party No.1 and submitted that card account will be closed. In view of refund of the entire premium amount the matter requires to be closed. It is unnecessary to discuss the matter on merits. The Fora appreciates the parties for amicable settlement of the issue since the complainant got the relief and the matter deserves to be closed without any further delay. In the result, I proceed to pass the following:-<br /> ORDER<br /> <br /> 5. The complaint is disposed off since the matter is settled between the parties. No order as to costs. <br /> 6. Send the copy of this Order to both the parties free of costs immediately. <br /> 7. Pronounced in the Open Forum on this 27TH DAY OF FEBRUARY 2009. <br /> Order accordingly,<br /> <br /> <br /> PRESIDENT<br /> We concur the above findings.<br /> <br /> <br /> MEMBER MEMBER<br /> Rhr.,<br />