District Consumer Disputes Redressal Forum
Dakshin Dinajpur
Surya Sen Sarani Municipal Building, 1st Floor, Balurghat Dakshin Dinajpur Pin – 733101.
Telefax: 03522-270013
Consumer Complaint No.: 40/2008
Complainant (s)
Vs
Opposite Party / Parties
Bimala Sundar Das
S/o Lt. Biswanath Das
Of Sahebkachari Para
PO & PS -Balurghat,
Dist. D/Dinajpur.
1. Sri Soumya Suvra Chakraborty
S/o Sukumar Chakraborty,
Of Chakbhabani
P.O & P.S – Balurghat,
Dist. Dakshin Dinajpur.
2. Branch Manager,
Bajaj Allianz, Mokdumpur,
11/10, B.G. Road, Dist. Malda
3. Assistant Branch Manager,
Bajaj Allianz Life Insurance Co. Ltd.,
3rd Floor Metro Plaza, S.F. Road,
Siliguri, Darjeeling.
4. Branch Manager,
Bangiya Gramin Vikash Bank,
Chakvrigu Branch, Dakshin Dinajpur
Order No.5
Dt. 29.12.2008
Present (1) Sri S. K. Ghosh – Presiding Member
(2) Samiksha Bhattacharya – Lady Member
Counsel(s) (1) Sri Bidyut Kumar Roy – Advocate for the complainant
(2) Sri Soumyasubhra Chakraborty – Himself
(3) Sri Debasish Karmakar & – Advocate for the OP No.2 & 3
(4) Sri Samit Bhowmik – Do –
5) Branch Manager, B.G.V.B. – Himself
This is to consider an application U/s 12 of the C.P. Act, 1986 filed by the complainant claiming Rs.1,00,000/- (Rs. One lakh) only for causing prolonged harassment as well as mental pain and agony.
Facts of the case, in brief, is that the complainant opened a policy with OP Insurance Co. Ltd. As per advice of OP No.1 and in terms of policy the complainant remitted a sum of Rs.25,000/- only in the name of OP Ins. Co. which was realized on 28.11.2006 through OP Bank. Thereafter OP No.2 issued the provisional policy deposit receipt vide No.0007988197 dated 20.11.2006 in favour of the complainant which has been realized on 28.11.2006 through G. G. Bank i.e. OP No.4.
Though, the OP Ins. Co. Ltd. has received the premium but withheld themselves to send the policy deed to the complainant. Despite several requests by the complainant the OP Ins. Co. Ltd. kept mum about issuance of policy deed in favour of the complainant. The complainant made contact with the OP No.1 who tried to escape from his liability by saying that he has left the company and attached with another company. The complainant has also pursued the matter before the OP No.4 but in vain. Lastly the complainant took shelter in the office of Consumer Affairs & Fair Business Practices, Dakshin Dinajpur, Regional Office Balurghat, and a complaint was registered as Case No.8/FY 2008-2009. The concerned office sent a notice to the OP No.3 on 01.07.2008 requesting to issue policy deed immediately to the complainant. But OP No.3 did not comply with the said request. The Ins. Co. did not provide the proper service in favour of the complainant. Hence the application.
OP Nos.2 & 3 contested this case by filing written version stating inter alia that the complainant has failed to comply with requirement as per the policy and for that reason the company through its agent several times tried to collect the requirement but the complainant did not supply the same. So the said policy was rejected and the value of the deposited amount was remitted by the company to the complainant through A/c Payee cheque of Rs.25,000/- date 21.05.2007 but the complainant has failed to reply anything to that effect. That due to non-supplying of the requirements the said policy was rejected and for that reason no policy deed was issued to the complainant. So the said case is liable to be dismissed with cost.
OP No.1 contested his case by filing written version stating inter alia that unfortunately the complainant does not have his policy document. OP No.1 felt really sorry for the complainant and sympathized to him. Due to some personal reason OP No.1 left the company and he was totally detached from the previous duties. Thereafter OP No.1 followed up for the same and intimated to the Branch Manager of the Ins. Co. as well as Branch Manager, GGB. But unfortunately the said problem had not sorted out. OP No.1 confidently stated that there is no delay in submission of the proposal along with cheque of the said customer and OP No.1 has no responsibility or authority to issue the insurance policy. OP No.4 stated that the premium amount of Rs.25,000/- was remitted to the Bajaj Allianz Life Insurance Co. Ltd. for and on behalf of the complainant. Bank has performed the proper duty. There is no fault or gross negligence on the part of the Bank.
In view of the contentions of the both parties following points arose for consideration :-
1.
Whether the consumer-complainant is entitled to get any relief as prayed for?
Whether there is any deficiency in service or gross negligence on the part of OPs?
Decision with reasons:
Point Nos. 1 & 2:
Both parties file relevant documents at the time of hearing, which are kept with the record.
We heard contentions of Ld. Counsels for both parties and perused all material documents produced before us with reference to relevant provisions of law.
We have considered the submission of both sides with reference to the materials on record.
Ld. Forum perused the proposal/policy deposit receipt issued by Bajaj Allianz Life Insurance Co. Ltd. bearing receipt No.0007988197 dt. 20.11.2006. It is clear from the said document that the complainant issued a cheque bearing No.47834 dt. 07.11.2006 of Central Bank of India amounting to Rs.25,000/- in favour of OP Ins. Co. and the OP Ins. Co. received Rs.25,000/- towards proposal deposit from the complaint.
The Ld. Forum also perused the Bank statement issued by Central Bank of India dt. 26.06.2008. It is also clear that the premium amount of Rs.25,000/- was realized on 28.11.2006 through Gour Gramin Bank, Chakvrigu Branch, presently known as Bangiya Gramin Vikash Bank i.e. B.G.V.B.
At the time of hearing it comes out that the OP Ins. Co. did not supply the policy deed to the complainant though the Ins. Co. received Rs.25,000/- towards premium from the complainant. The Ld. Counsel for OP Insurance Co. also argued that the complainant did not supply the requirements despite several request from the end of the Ins. Co. and the company tried to collect the said requirements through agent but in vain. For that reason the said policy was rejected. In this respect it is the view of the Ld. Forum that the Ld. Counsel for OP Ins. Co. has failed to prove the aforementioned plea. Ld. Counsel has failed to adduce any evidence or to produce any documents etc. in support of the aforementioned views. So the aforementioned plea/view taken by the Ld. Counsel for OP Ins. Co. has no basis at all in the eye of the law.
It is fact that the Ins. Co. has issued two cheques bearing Nos.356014 dt.21.05.2007 for Rs.25,000/- and another cheque bearing No.438569 dt.24.09.2008 for Rs.25,000/-. But the complainant has refused to take it. In this respect it is the view of the Ld. Forum that there is a strong justification for refusal of the same from the end of the complainant due to rejection of the policy without any valid reasons and non-supply of the policy deed. The Ld. Forum at last comes into conclusion that the Ins. Co. does not provide the proper service to the complainant. OP Ins. Co. wants to pay only Rs.25,000/- but the company is not interested to pay any extra amount causing also deficiency in service on the part of OP Nos.2 & 3.
From the above analysis in details the Ld. Forum hold and conclude that there is a gross negligence or deficiency in service on the part of OP Ins. Co. as the Ins. Co. received Rs.25,000/- towards premium from the complainant but has failed to supply the policy deed to the complainant. Thus, the complainant is entitled to get relief as against the Ins. Company. There is no gross negligence or deficiency in service on the part of OP No.1 as he has no responsibility or authority regarding issuance of the insurance policy.
Further, there is no gross negligence or deficiency in service on the part of OP No.4 B.G.V.B. as the Bank has provided the proper service in favour of the complainant i.e. the premium amount of Rs.25,000/- was remitted to the Ins. Co. safely and under the proper system.
Therefore Point Nos. (1) and (2) are decided accordingly on the basis of aforementioned findings in details. Hence.
O R D E R E D
That the Consumer Complaint No. 40/2008 is allowed on contest with cost of Rs.1,500/- assessed by the Ld. Forum.
That there is a gross negligence or deficiency in service on the part of OP Bajaj Allianz Life Insurance Co. Ltd. and the complainant is entitled to get relief as against Ins. Company.
That the OP Bajaj Allianz Life Insurance Co. Ltd. is hereby directed to pay /return of Rs.25,000/- as well as to pay compensation of Rs.2,500/- to the complainant.
That the OP Bajaj Allianz Life Insurance Co. Ltd. is hereby further directed to pay cost of Rs.1,500/- plus Insurance Premium of Rs.25,000/- plus compensation of Rs.2,500/- i.e. total of Rs.29,000/- to the complainant within 30 days counted from the date i.e. 05.01.2009. If not paid within the specified period of time the said amount shall bear interest 10% p.a. until full payment.
That there is no fault or gross negligence on the part of OP Nos. 1 and 4.
That the case could be disposed of within the specified period of time.
Let a copy of this order be supplied to the parties free of cost.
Both parties are directed to collect their copies within 7 (seven) days from the date of passing final order.
I agree,
By order of this Forum
(Samiksha Bhattacharya)
Lady Member
District Consumer Disputes Redressal Forum Dakshin Dinajpur at Balurghat
(S.K.Ghosh)
Presiding Member
District Consumer Disputes redressal Forum Dakshin Dinajpur at Balurghat