District Consumer Disputes Redressal Commission ,Faridabad.
Consumer Complaint No.283/2022.
Date of Institution: 26.05.2022.
Date of Order: 31.08.2022.
Shailesh Chauhan W/o M.S,Chauhan aged about 48 years, House No. 861, Secator-31, Faridabad – 121003, Haryana, Aadhar No. 584223907986.
…….Complainant……..
Versus
1. Bank of Baroda through Sr. Branch Manager/Manager Ms. Taru Lochib/Ms. Mridula, Address: SCO No.3, Sector-16, Faridabad – 121002, Haryana.
2. Indiafirst Life Insurance Company Limited through its Directors, Hemant Kaul/Harita Gupta/Kedar Anant Patki/Narendra Ostawal/Kavassery/Vishakha Rajesh Maheshwari/Ramesh Shriram Singh/Joydeep Duttaroy/Arun Lahu Addess:12th and 13th floor, North C Wing, Tower 4, Nesco IT Park, Western Express Highway, Goregaon East Mumbai, Mumbai – 400063, Maharashtra,
…Opposite party……
Complaint under section-12 of Consumer Protection Act, 1986
Now amended Section 34 of Consumer protection Act 2019.
BEFORE: Amit Arora……………..President
Mukesh Sharma…………Member.
PRESENT: Sh. Mukesh Patrawat, counsel for the Complainant.
Sh. D.K.Sharma, counsel for opposite partyNo.1.
Opposite party No.2 ex-parte vide order dated 05.07.2022.
ORDER:
Today the case was fixed for filing reply to application by the complainant which was filed by the opposite party u/s 40 read with section 37 of the Consumer Protection Act, 2019 for recalling of the order dated 05.07.2022 passed by this Hon’ble Commission as well as for referring the matter to the mediation in which opposite party No.2 stated that they have already refunded the premium amount of Rs.205000/- to the complainant by way of bank transfer in bank account bearing No. 41090100001282 on 27.05.2022.
Instead of giving reply to the application, Shri Mukesh Kumar Patrawat, counsel for the complainant has made a statement on 12.08.2022 that “I want to press only litigation, harassment and interest from the date of payment.” Counsel for the complainant has also placed on record the details of payment done by the Shailesh Chauhan to First India Insurance Co. which are as under:
1) Rs.1,00,000/-on 23.02.2021.
2) Rs.1,00,000/- on 28.02.2022
Rs.2,00,000/-
On the other hand, counsel for the opposite party No.2 has placed on record the statement in which it has been mentioned that an amount of Rs.206135.90 has been refunded to complainant by way of bank transfer in bank account No. 41090100001282 on 27.05.2022.
Written statement on behalf of opposite party No.1 filed. Copy given.
Keeping in view of the above, the Commission is of the opinion that the complaint has filed by the complainant on 26.05.2022 and the opposite party No.2 has made the payment to the complainant on 27.05.2022 after filing of the complaint. No doubt they have harassed the complainant mentally. Hence, they are negligent on their part. Deficiency of service is proved. Hence the complaint is disposed off with the direction to opposite party No.2 to pay the interest amount of Rs.1,00,000/- which was paid by the complainant to the opposite party NO.2 on 23.02.2021. If paid then ignore it. Opposite party No.2 is also directed to pay Rs.2200/- as compensation for causing mental agony and harassment. Opposite party No.2 is further directed to pay Rs.2200/- as litigation expenses to the complainant. Compliance of this order be made within 30 days from the date of receipt of copy of this order. Copy of this order be sent to the parties concerned free of costs. File be consigned to the record room.
Announced on: 31.08.2022 (Amit Arora)
President
District Consumer Disputes
Redressal Commission, Faridabad.
(Mukesh Sharma)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
