Complaint Petition CC-353-2022

Admission Hearing on 30/11/2022.

Before the Learned District Consumer Dispute Redressed Commission, North 24 Parganas

C.C. No. Of 2022

In the matter of:
Complaint under Sections 34 (1), 34
(2) (d), 35, 36 and 39 of the
Consumer Protection Act, 2019

AND

In the matter of:

Ratul Aich,

………………Complainant

Versus

HDFC ERGO General Insurance Company Limited.
IRDAI Reg №146
1st Floor, HDFC House,
165/166 Backbay Reclamation,
H.T.Parekh Marg, Churchgate, Mumbai — 400 020

………………Respondent

Most Respectfully Sheweth:

1. That the Complainant is a law abiding citizen of India residing at the address mentioned in the cause title of the complaint petition. (Attached the Photostat copy of the Adhaar Card of the Complainant as “Annexure-A”)
2. That the Complainant states that the complainant is a loyal Customer of the respondent’s organization, that the complainant have an HDFC ERGO Optima Restore 5 lakhs policy on 2020–2021 bearing policy number 2805203553540501 and year 2021–2022 bearing policy number 2805203553540502 the respondent’s concern provides up to 8% of stay active discount on renewable for meeting certain walking steps criteria, that the complainant install the HDFC ERGO application on his mobile and connect with Google Fit Application, said application collects the step count and passes it to the the respondent’s concern application.
3. That the Complainant states that the respondent’s concern calculates the data every quarter and gives a maximum discount of 2% on meeting the necessary criteria and 2% every quarter maximum discount adds up to 8% maximum discount, that the complainant contacted the respondent’s concern for said discount but no resolution from the respondent’s end.
   Copy of the payment details is attached and annexed herewith as “Annexure B”.
4. That the Complainant states that the complainant has one year’s (2020–2021) full data in Google Fit. If Google Fit data is not collected by the respondent’s app on the respondent’s server, or only negligible partial data is collected by the respondent’s app, despite the client following all instructions and general conventions (such as installing, signing in, and connecting) then it is the respondent’s responsibility and the respondent concern have to find the appropriate solution. It is absolutely not fair to hold the client responsible for this, that the respondent’s concern responsibility is not fulfilled by stating that the server does not have data.
5. That the Complainant states that it is relevant to reveal due to the above mentioned fact that the complainant has intimated the respondent concern over the regarding the issue but in response the complainant has not received any constructive reply from the respondent’s end rather has been harassed during the whole procedure, that due to the respondent’s aforementioned malafide act and conduct the complainant got duped the hard-earned money of the complainant which is hindering the complainant in an erroneous way as the complainant has been facing the tremendous noetic agony and due to the same the complainant has not got able to live the life in own accord.
6. That the Complainant states that being deprived of the proper and facilitated procurement he again and again intimated the respondent by way of the telephonic conversation and by way of electronic mail conversation in order to solve the said issue, however the executive of the respondents have acted like flogging of a dead horse in lieu of providing the proper services to the complainant and in lieu of providing the constructive reply to him till date.
7. That the Complainant states that the above mentioned dispute clearly states that there was negligence on the respondent and the said respondent company is running an Unfair Trade Practice in order to dupe the hard earned money of the complainant wherein respondents have intentionally provided the de novo dreadful and deceitful service to the complainant and has not provided the proper and facilitated services towards him which has caused his unnecessary noetic agony and stress.
8. That the Respondents have miserably failed in providing right and proper service despite the Complainant has paid the full amount to the respondent authority and thereby causing deficiency in service
9. That the instant Complaint is filed within the prescribed time period in terms of the provisions of the Consumer Protection Act, 2019.
10. That the cause of Action of the instant complaint arose on, the date 02.06.2022 upon non-performance of the Respondents of their obligations despite Notice of the Learned Advocate.
    (Attached the legal notice copy of Ld. Advocate dated 02.06.2022 as “Annexure-C”).
11. That the Complainant makes payment of the requisite Court Fees.
12. That the Complaint is made bona fide and for ends of justice.
13. That there is no suit pending nor has been decided on the same subject matter between the parties by ant competent court of law other than the described one.
14. That the instant Complaint is within the jurisdiction of this Learned Forum.
    In the aforesaid circumstances therefore, it is humbly prayed on behalf of the Complainant that Your Honor may be pleased to-
    i) Direct the Respondents to duly look into this matter with foremost importance to take necessary steps to render the proper service to the complainant and provide to the complainant with resolution of policy and rectify the above-mentioned mistake.
    ii) Direct the Respondents to provide Rs.10, 000/- as a compensation to the Complainant for the deficiency in service and mental harassment and agony.
    iii) Direct the Respondents to pay the costs of litigation;
    And such other/further order/orders as Your Honour may deem fit and proper in the interest of justice, equity and good conscience.

And for this act of kindness, your Complainant as in duty bound, shall ever pray.

Verification, address, and affidavit have been removed from the complaint petition’s online version.

The first in the series is Judicial Investigation Friendly Digital Systems, Judibility. (Link)

The next in the series is User Experience Digital Forensic Investigation. (Link)