The case of the complainant, Sri Ashim Das, is that he is a customer under the O.P, HDFC Bank Ltd., N.N. Road, Cooch Behar having A/c No.08491050001190 and in the month of March, 2013 one Susmita lady employee of HDFC, Credit Card, Kolkata Office informed him that a Credit Card was going to issue in his name. She further informed him that he would get benefit of free life insurance with some other facilities and one Sujit an employee of HDFC Credit Card would meet with him on 26-03-2013 to take Xerox copy of his PAN Card with his signature and on that basis his HDFC Credit Card and free life insurance would be activated.
It is the further case of the complainant that on 26-03-2013 said Sujit came to him and took Xerox copy of his PAN Card by issuing receipt and delivered a Credit Card being No.4617863004607584 in his favour.
It is the further case of the complainant that after about one or two months he received insurance policy of HDFC Young Star Super Premium with bill at his home. He made contact with Kolkata Office of the O.P by telephone and informed them that he was not ready to pay any premium for L.I.C and he did not fill up any such Form. He was assured that the matter would be solved and advised to meet with local branch. Thereafter he went to local branch of the O.P bank and informed them that he did not fill up the Form for L.I.C and by showing the Form he reported that his signature was put there by scanning, which was nothing but a criminal offence and he was not at all ready to pay any amount as premium. He was assured that the dispute would be solved and requested him to contact with phone No.033-61606161 but in vain.
It is the further case of the complainant that thereafter by telephone calls the employees of the O.P bank asked him to pay the said premium by using filthy language. He demanded hard copy of the said Form to the local bank but in vain. Lastly the O.P bank demanded Rs.24,911.56/- from him.
It is the further case of the complainant that all time by telephonic call the employees of the O.P bank are threatening him and asked to pay the said money and thereby committed mental torture upon him.
Hence, this case for compensation of Rs.1,00,000/-.
Inspite of due service of notice the O.P bank has not turned up and ultimately the case was heard in ex-parte.
In the light of the facts and circumstances the following moot points came out for consideration to reach a just decision.
POINTS FOR CONSIDERATION
- Is the Complainant is a Consumer of the O.Ps as per Section 2(1)(d)(ii) of the C.P. Act, 1986?
- Has this Forum jurisdiction to entertain the instant complaint?
- Have the O.P any deficiency in service as alleged by the Complainant and are the opposite party liable in any way to compensate the Complainant?
- Whether the complainant is entitled to get relief/reliefs as prayed for?
DECISION WITH REASONS
We have gone through the record very carefully and also perused entire Xeroxed/original documents in the record and heard argument of the complainant.
Point No.1.
Evidently the complainant is a consumer under the O.P bank having bank account. So the complainant is consumer of the O.P u/s 2(1)(d)(ii) of the C.P. Act, 1986.
Point No.2.
In the present case total claim is Rs.1,00,000/- which is within Rs.20,00,000/- i.e. maximum limit of this Forum.
We further find that the O.P bank has branch office within jurisdiction of this Forum. So this Forum has territorial and pecuniary jurisdiction to try this case.
Point No.3 & 4.
It is the case of the complainant that he is a customer under the O.P, HDFC Bank, Cooch Behar having A/c No. 08491050001190.
It is the further case of the complainant that in the month of March, 2013 one Susmita lady employee of HDFC, Credit Card, Kolkata Office informed him that a Credit Card was going to issue in his name. She further informed him that he would get benefit of free life insurance with some other facilities and one Sujit an employee of HDFC Credit Card would meet with him on 26-03-2013 to take Xerox copy of his PAN Card with his signature and on that basis his HDFC Credit Card and free life insurance would be activated.
It is the case of the complainant that said Sujit met him at his home and took Xerox copy of his PAN Card with his signature by issuing receipt and issued a Credit Card being No.4617863004607584. ‘Annexure-2’ is the Xerox copy of PAN Card of the complainant which bears an endorsement received with signature of one Sujit Sarkar with date 26-03-2013.
It is the further case of the complainant that thereafter about one or two months he received insurance policy kit of HDFC Young Star Super Premium with bill at his home. ‘Annexure-3’ is the said kit. Copy of the application for insurance policy (which is lying in ‘Annexure-3’) shows that the complainant, Ashim Das by filling said application applied for life insurance policy with sum assured Rs.1,50,000/- with yearly premium of Rs.15,000/- per year for 10 years. Said application form also bears signature of the complainant, Ashim Das.
But it is the specific case of the complainant that he was assured for free life insurance with Credit Card and he did not fill up and sign any such form.
It is the further case of the complainant that on several occasion he informed the local branch of the O.P bank that he was not ready to pay premium of said LIC and he was assured for free LIC with Credit Card and he wanted to closed his bank account.
‘Annexure-1’ is the copy of the complaint filed by the complainant which shows that he alleged that the bank deducted money from his account for said Credit Card, so he was willing to discontinue the said account.
We further find by swearing affidavit in his evidence he clearly claimed that the filled up documents in the said life insurance kit, so sent to him, were not filled up by him and also contains some wrong information and they obtained his signature by scanning his signature and thereby committed a serious crime.
We find that in the present case the complainant alleged a serious allegation against the O.P bank that though he was assured for free LIC with Credit Card but the O.P bank illegally deducted premium of said LIC from his account and by filling affidavit claimed that filled up application for getting LIC stood in his name has not been filled up and signed by him and O.P bank obtained his signature by scanning his signature in PAN Card and thereby committed fraud upon him. The complainant also claimed that he demanded hard copy of said application from the bank but in vain.
It is very peculiar that inspite of such serious allegation against the O.P bank in the complaint and due service of notice with copy of the complaint the O.P bank did not dare to come forward to the Forum to counter such allegation, which seems that there is some material in the allegation of the complaint and adverse inference can be drawn against the O.P bank.
So on the basis of unchallenged ex-parte evidence of the complainant we constrained to hold that the relevant copy of the application for obtaining LIC alleged by filled by the complainant, is a forged document and on the basis of the said document the O.P bank cannot claim any premium of said LIC and act done by the O.P bank is nothing but deficiency in service and the complainant is entitled to get relief in this case.
Accordingly, the case succeeds Ex-parte in part.
ORDER
Hence, it is ordered that,
The DF Case No.81/2014 be and the same is allowed on Ex-parte in part with litigation costs of Rs.2,000/- with direction to the O.P, HDFC Bank to pay Rs.25,000/- as compensation to the complainant within 45 days failure of which the Opposite Party shall pay Rs.100/- for each day’s delay and the amount to be accumulated shall be deposited in the State Consumer Welfare Fund.
A plain copy of this order be made available and be supplied to the representative complainant by hand/Registered post free of cost A/D and also to the opposite party as per rules.
Dictated and corrected by me.
President President
District Consumer Disputes District Consumer Disputes
Redressal Forum, Cooch Behar Redressal Forum, Cooch Behar.
Member Member
District Consumer Disputes District Consumer Disputes
Redressal Forum, Cooch Behar Redressal Forum, Cooch Behar.
