Order No. 22 Dated 27-05-2016.
The case of the complainant in short is that due to repeated persuasions and request from the officials of o.p. end to procure one mediclaim type of policy, sometime in the first week of Jan 2010, complainant had agreed to comply with such request as per the requirement of o.p., the credit card number of complainant was provided by him to the concerned staff of o.p. dealing the matter but he CVV number in respect of the said number was not given by complainant at any point of time.
It is quite surprising that having received the credit card statement dt.23.1.10 it was noticed by complainant that 4 numbers of payment for Rs.6588/- each were shown as paid for and on behalf of complainant without his instruction and authorization to o.p’s company in respect of one mediclaim policy and needless to state that on being noticed of the same complainant had got terribly upset and mentally perplexed very badly. However on 2.3.10 complainant had called up in the help line number of o.p‘s company and lodged a complaint being no.876456 dt.2.3.10 in this regard together with a request to o.p. to forthwith make refund of the entire amount of money shown as paid to o.p’s company for mediclaim policy as per credit card statement dt.23.1.10 as stated above, together with the interest and service tax accrued thereupon but complainant was told by one lady attached to o.p’s company that 3 policy being nos.SHC 10000007264, SHC 10000007265 & SHC 10000007266 have already been issued by o.p’s company against the aforesaid 4 payments received from complainant. It is very pertinent to mention here that till that date complainant did not receive any such policy from the end of o.p. and on enquiry it revealed that none of those 3 policies under reference, was in the name of complainant and does not bear the actual address of complainant.
Complainant had kept on requesting different concerned officials of o.p’s company over telephone or through e-mail / fax as also by paying personal visit to forthwith make refund of the entire amount of money shown as paid to o.p’s company for mediclaim policy as per credit card statement dt.23.1.10 as stated above, together with the interest and service tax accrued thereupon but all his such requests and sincere attempts did not yield any fruitful result in the matter save and except vide credit card statement dt.22.6.10 it appears that a sum of only Rs.6588/- has been paid back by o.p’s company in the account of complainant. Meanwhile on several occasions, complainant has requested the o.p. member both verbally and in writing to make refund of the 3 numbers of payments for Rs.6599/- each already received by o.p. from complainant vide his credit card details dt.23.1.10 in favour of complainant but with regret the o.p. member have not yet entertained such requests of complainant on various flimsy grounds for the reasons best known to o.p. member as a consequence of which the interest of complainant is being prejudiced unnecessarily.
Finding no other alternative one lawyer’s notice dt.1.10.12 was sent by complainant to o.p. with a request to make refund of 3 number of payment for Rs.6588/- each already received by o.p. for complainant vide his credit card details dt.23.1.10 in favour of complainant, within 15 days from the date of receipt of the said letter. Hence, the case was filed by the complainant with the prayers contained in the prayer portion of the petition of complaint.
Sole o.p. had entered their appearance in this case by filing w/v and denied all the material allegations labeled against them and prayed for dismissal of the case. Ld. lawyer of o.p. in the course of argument submitted that the case has got no merit and the same is liable to be dismissed.
In their w/v o.p. stated that all the policies were issued to complainant after explaining the necessary information sought by complainant. The company relies on the VLI (Voice Recording) which clearly shows that the policies were sold to complainant after the features of the policies were explained to him and complainant had given his consent to the same. The company submits the VLI recording forms part of evidence.
Complainant also informed the company executive that an additional amount of Rs.6588/- was debited from his credit card account towards the premium of a motor policy. However the company clarified that aforesaid amount was debited due to an inadvertent error and premium amount towards 4 policies instead of 3 policies was debited from complainant’s credit card account. The company stated that it has refunded and reversed the additional debit of Rs.6588/- that had been charged on the credit card of complainant and the receipt of which has also been acknowledged by complainant in his complaint.
The company stated that the company and complainant have performed their respective roles under the said contract of insurance. Therefore, there is no question of providing any further services to complainant.
Decision with reasons:
We have gone through the pleadings of the parties, evidence and documents in particular and we find that it is quite surprising that having received the credit card statement dt.23.1.10 it was noticed by complainant that 4 numbers of payment for Rs.6588/- each were shown as paid for and on behalf of complainant without his instruction and authorization to o.p’s company in respect of one mediclaim policy and needless to state that on being noticed of the same complainant had got terribly upset and mentally perplexed very badly. However on 2.3.10 complainant had called up in the help line number of o.p‘s company and lodged a complaint being no.876456 dt.2.3.10 in this regard together with a request to o.p. to forthwith make refund of the entire amount of money shown as paid to o.p’s company for mediclaim policy as per credit card statement dt.23.1.10 as stated above, together with the interest and service tax accrued thereupon but complainant was told by one lady attached to o.p’s company that 3 policy being nos.SHC 10000007264, SHC 10000007265 & SHC 10000007266 have already been issued by o.p’s company against the aforesaid 4 payments received from complainant. It is very pertinent to mention here that till that date complainant did not receive any such policy from the end of o.p. and on enquiry it revealed that none of those 3 policies under reference, was in the name of complainant and does not bear the actual address of complainant. Complainant had kept on requesting different concerned officials of o.p’s company over telephone or through e-mail / fax as also by paying personal visit to forthwith make refund of the entire amount of money shown as paid to o.p’s company for mediclaim policy as per credit card statement dt.23.1.10 as stated above, together with the interest and service tax accrued thereupon but all his such requests and sincere attempts did not yield any fruitful result in the matter save and except vide credit card statement dt.22.6.10 it appears that a sum of only Rs.6588/- has been paid back by o.p’s company in the account of complainant. Meanwhile on several occasions, complainant has requested the o.p. member both verbally and in writing to make refund of the 3 numbers of payments for Rs.6599/- each already received by o.p. from complainant vide his credit card details dt.23.1.10 in favour of complainant but with regret the o.p. member have not yet entertained such requests of complainant on various flimsy grounds for the reasons best known to o.p. member as a consequence of which the interest of complainant is being prejudiced unnecessarily.
We further find from the record that all the policies were issued to complainant after explaining the necessary information sought by complainant. The company relies on the VLI (Voice Recording) which clearly shows that the policies were sold to complainant after the features of the policies were explained to him and complainant had given his consent to the same. The company submits the VLI recording forms part of evidence. Complainant also informed the company executive that an additional amount of Rs.6588/- was debited from his credit card account towards the premium of a motor policy. However the company clarified that aforesaid amount was debited due to an inadvertent error and premium amount towards 4 policies instead of 3 policies was debited from complainant’s credit card account. The company stated that it has refunded and reversed the additional debit of Rs.6588/- that had been charged on the credit card of complainant and the receipt of which has also been acknowledged by complainant in his complaint.
We have gone through the entire materials on record and keeping an eye to the findings made above we find that there is deficiency in service on the part of o.p. and complainant has been able to substantiate and prove his case and is entitled to relief.
Hence, ordered,
That the case is allowed on contest with cost against the o.p. O.p. is directed to refund 3 nos. payment for Rs.6558/- (Rupees six thousand five hundred fifty eight) only each already received by o.p. from the complainant vided complainant’s credit card details dt.23.1.10 in favour of the complainant and is further directed to pay to the complainant compensation of Rs.10,000/- (Rupees ten thousand) only for harassment and mental agony and litigation cost of Rs.3000/- (Rupees three thousand) only within 30 days from the date of communication of this order, i.d. an interest @ 10% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.
Supply certified copy of this order to the parties free of cost.
