Date of filing:- 16/09/2017.
Date of Order:-16/01/2020.
DISTRICT CONSUMER DISPUTES REDRESSAL FOURM(COURT)
B A R G A R H
Consumer Complaint No. 45 of 2017
Abhaya Kumar Purohit S/o Chintamani Purohit, resident of Santinagar Padampur, Po. Rajborasambar, Dist. Bargarh. ..... ..... ..... .... Complainant.
-: V e r s u s :-
SBI Life Insurance Co. Ltd, Bolangir through Branch Manager, Bargarh, At/Po/Ps/Dist. Bargarh, Pin-768028.
State Bank of India, Bolangir Branch though Branch Manager Bargarh At/Po/Ps/Dist:- Bargarh, Pin-768028. ..... ..... ..... Opposite Parties.
Counsel for the Parties:-
For the Complainant :- :- Sri S.K.Dash, Advocate with associate Advocates.
For the Opposite Party No.1(one) :- Sri J. Sarangi, Advocate with associate Advocates.
For the Opposite Party No.2(two) :- Sri A.K. Patra, Advocate with associate Advocates.
-: P R E S E N T :-
Sri Krishna Prasad Mishra ..... ..... ..... ..... ..... P r e s i d e n t.
Ajanta Subhadarsinee ..... ..... ..... ..... ..... M e m b e r (W).
Dt.16/01/2020. -: J U D G E M E N T:-
Presented by Sri Krishna Prasad Mishra, President:-
Brief Facts of the case :-
Being pursuant with the provision U/s 12 of the Consumer Protection Act 1986, the Complainant has filed the case on the ground envisaged hereunder.
The case of the Complainants is that, he is a Consumer of the Opposite Parties being a policy holder of the Opposite Party No.1(one) having been insured by it vide his policy No-1R000920901 since Dt.04.03.2016, as such the Complainant issued a Cheque of Vijaya Bank vide No.157509 on Dt.10.03.2017 for an amount of Rs.49,913/-(Rupees forty nine thousand nine hundred thirteen)only against his yearly premium to the Opposite Party No.1(one) against his said policy which is supposed to be drawn but after a long gap of issuance of his said cheque he was intimated by the Opposite Party No.1(one) through a letter on Dt.03.06.2017 to issue a fresh Cheque as the said cheque was dishonored by the State Bank India, Balangir Branch i.e. the Opposite Party No.2(two).
The further case of the Complainant is that the said cheque issued by him has not been submitted by the Opposite Party No.1(one) for clearance from the drawee Bank i.e. the Vijaya Bank, which is clearly evident from the return memo issued by the S.B.I., Balangir Branch wherein the Opposite Party No.1(one) has deposited the said cheque, the allegation of the Complainant is that the said cheque was valid up to Dt.09.06.2017 but the same was returned to him prior to the said validity period with a malafide intention to extract more premium from him by demanding Rs.52,626/-(Rupees fifty two thousand six hundred twenty six)only whereby he is being penalized with an excess amount of Rs.2,987/-(Rupees two thousand nine hundred eighty seven)only without any fault on his part further being deprived of to get Income tax exemption benefit of Rs.1,810/-(Rupees one thousand eight hundred ten)only which amounts to deficiencies of service and unfair trade practice on the Part of the Opposite Parties, thus has filed the case before the Forum,with a prayer to issue direction to the Opposite Parties to pay him an amount of Rs.50,000/-(Rupees fifty thousand)only towards his mental and financial suffering and has relied on the following Documents:-
Xerox copy of SBI Life Insurance statement.
Xerox copy of Income tax deducted at Sourceon Salary.
Xerox copy of Vijaya Bank statement.
Perused the Complaint petition and on hearing the learned counsel for the Complainant the case was admitted and notice was served on the Opposite Parties and in response, both the Parties appeared before the Forum and submitted their respective Version through their advocates .
The version of the Opposite Party No.1(one) is a complete denial to the case of the Complainant on the ground that the Complainant as is being a policy holder is bound to deposit his renewal premium on or before Dt.02.03.2017 but has issued with the cheque on Dt.10.03.2017 which is beyond the period as per the terms and condition of the Policy beside that has also claimed that after receiving the said cheque the same was deposited in their Bank but the same has been returned being dishonored with an endorsement to refer to the drawer as such the same has been returned to the Complainant furthermore has referred to the revival of the same policy by the Complainant on Dt.06.09.2017 as such has claimed that since the total episode of the case filed by the Complainant is caused by the Complainant himself, it has got no role to play any deficiencies of service nor have any liability for, as such has claimed that the case being devoid of merit against him and is liable to be dismissed in accordance with the prevailing provision of Insurance Act U/s 64VB as the terms and condition of the policy has been agreed upon by the Complainant. And in support of his averment has relied on a voluminous documents along with the policy bond and the terms and condition embodied therewith.
And with regard to the version of the Opposite Party No.2(two), he has categorically denied the case of the Complainant with an averment that since by the time the said cheque was presented with it by that time the said Vijaya Bank was not a member of the clearing house with their Bank as such they have returned the same to the drawer with an endorsement to that effect as such they don’t have any liability under the provision of the Consumer Protection Act 1986 as they have not committed any deficiencies on their Part, and has prayed therein their version to dismiss the case against him.
Perused the complaint petition, it’s accompanied documents and heard the Advocate concern also perused the version of the Opposite Parties and heard their respective counsels and also keeping in our view on the entire materials available in the record it came to our notice that the Complainant has entered in to agreement with the Opposite Party No.1(one) with regard to his said policy on Dt. 29.02.2016 on an yearly mode of payment of premium vide proposal number. 1 RQ1457987 and was subject to pay the yearly payment of renewal premium on or before the Dt.02.03.2017 as per the policy bearing No.1R000920901, subsequently issued in favor of the said proposal of the Complainant but as he did not pay the same it was lapsed as per the terms and condition of the Policy, in addition to that it is also found from the materials available in the record that the Opposite Party No.1(one) has duly intimated him the matter of dishonor of the said Cheque of the Complainant furthermore it is also observed that the Complainant has revived his said policy after paying the requisite amount of renewal due on him with interest accrued thereto on Dt.06.09.2017 to the Opposite Party No.1(one).
In furtherance to our observation it is found that the Opposite Party No.2(two) has intimated the reason of the dishonor of the said cheque to the drawer bank as the said bank of the Complainant i.e. Vijaya Bank was not in their clearing membership with their Bank as such has not committed any deficiencies of service against the Complainant.
In view of our such finding in details we are of the view that the Complainant has failed to prove any case of deficiencies of service on the part of either of the Opposite Parties as such our view is expressed against the Complainant, hence our order follows.
O R D E R.
In view of above facts and circumstances the Complainant has failed to prove any case of deficiencies of service against either of the Opposite Parties and hence the case is dismissed against them.
Accordingly the order is pronounced in the open Forum, and the same is disposed off to-day i.e. Dt.16.01.2020.
Typed to my dictation
and corrected by me.
( Sri Krishna Prasad Mishra)
P r e s i d e n t.
I agree,
( Ajanta Subhadarsinee)
M e m b e r (W).
Uploaded by
Sri Dusmanta Padhan
Office Assistant, Bargarh.
