Orissa

Sambalpur

CC/65/2022

Pramod Kumar Sahoo - Complainant(s)

Versus

1. Chairman Cum Managing Director and chief executive officer, Central Bank of India - Opp.Party(s)

11 Apr 2023

ORDER

PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

                             CONSUMER COMPLAINT NO. 65/2022

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member,

 

Pramod Kumar Sahoo, Aged about 47 years,

S/O- Late Bata Kishore Sahoo,

R/O- Ajodhya Vihar, Near St.John School

PO-Dhankauda, Dist-Sambalpur-768006,                     ...………..Complainant

Versus

1. Chairman Cum Managing Director and chief executive officer,

Central Bank of India, Chandramukhi,

Nariman point, Mumbai-400021.

2. Regional Manager, Central Bank of India,

Khetrajpur Branch, At/Po-Modipara,

Sambalpur-768002.

3. Branch Manager, Central Bank of India,

Khetrajpur Branch, At/Po-Khetrajpur,

Sambalpur-768003.

4. Branch Manager, L.I.C. of India, “JEEVAN PRAKASH”

1^st Floor, Sambalpur, Br-1,

At/Po-Ainthapali, Budharaja,

Dist-Sambalpur-768004.                                               …………...Opp.Parties

Counsels:-

1. For the Complainant      :-          Self
2. For the O.P. No.1 to 3     :-          Sri. B.Meher, Advocate, Associates
3. For the O.P. No. 4           :-          Sri. D.K.Thakur, Advocate, Associates

 

Date of Filing:06.09.2022,  Date of Hearing :17.03.2023  Date of Judgement : 11.04.2023

  Presented by Dr. Ramakanta Satapathy, PRESIDENT

1. This is a complaint alleging deficiency in service of the O.P.No.1 to 3 and O.P.no.4 is the proforma Opp Parties. The complainant availed a loan from the O.P.No.3 for an amount of Rs.2,00,000/- only on dtd.17.2.2014 depositing L.I.C policy bond No.593328243, 592220293 and 591591745. In 2018 the Personal loan was closed and thereafter the complainant demanded the original policy bonds from the O.P.No.3. The O.P.No.3 replied to wait sometime due to shortage of staff. After several request the O.P.No.3 informed that the policy bonds are lost. The O.P.bno.3 requested O.P.No.4 to issue duplicate policy bonds but no any letter to the complainant. After receiving the letter the O.P.No.4 ordered the complainant to follow the process to deposit three affidavits, cost of three policy bonds etc. The complainant spent Rs.1687.50 Ps and for transportation Rs.3500/- and harassed. Due to non-availability of policy bonds, the complainant could not get any financial support who spent Rs.4.00 lakhs towards the treatment of his daughter from scoliosis. The O.P.No.1 to 3 remained silent.

                   Being aggrieved this complaint has been filed.

2. The O.P.No.1 to 3 in their version admitted that the complainant is having Bank S.B.Account No.203802275 Khetrajpur Branch. The Complainant availed personal loan of Rs.2.00 Lakhs out of the policy bonds on 15.2.2014. The loan account was closed in 2018. Every co-operation was given to the complainant. On good faith issued urgent letter to the O.P.No.4 due to misplacement of the assigned polices, with malafide intention complaint has been filed. There is no deficiency or negligence on the part of O.P.No.1 to 3 .There is no ground to file complaint before Consumer Commission.
3. The O.P.No.4 admitted the assignment of Police No.5933289243, 592220293 and 591591746 with O.P.No.3 on 20.02.2014. After receiving request on 18.3.2022 from O.P.No.3 after compliance by the complainant on 21.3.2022 the duplicate policies were handed over to complainant on 22.3.2022. After receipt of letter of re-assignment in favour of the policy holder on 23.3.2022. The O.P.No.4 acted in a bonafide manner.
4. Perused the documents filed by the complainant Vide letter dated 18.3.2022 the O.P.No.3 requested the  O.P.No.4 to issue duplicate policies ref.no.593328243,59222-0293 and 5915917446 infavour of Promod Kumar Sahoo. It is admitted that the loan was closed on 05.05.2018 and assigned policies are misplaced at their end. The complainant submitted the copy of indemnity bond for the three copies duly notarized from Sri K.P.Mishra, Notary, Sambalpur.

The loan account was closed in 2018 and reassignment of the policies made on 23.3.2022. For issuance of duplicate policy bond letter was issued on 18.3.2022 .Here a question arises what prevented the O.P.No.3 not to hand over the policy bond immediately after the closure of the loan account. The O.P.No.3 admitted the fact of misplacement of the original policy bond which is a nationalized Bank. The property/documents of the customers are not secured .It not only proves the negligence of O.P.No.3 at the same time is a deficiency in service on the part of O.P.No.1 to 3. The complainant was harassed observing the procedural formalities executing indemnity bonds, taking the help of advocates, spent money to obtain the duplicate. Original is always original and the duplicates are temporary arrangements. The O.P.No.1 to 3 cannot take the benefits harassing a customer in the name of the nationalized Bank. For the negligence and deficiency in service following order is passed:

ORDER.

The complaint is allowed on contest against the O.P.No.1 to 3 and dismissed against O.P.No.4. The O.P.No.1 to 3 are directed to pay Rs.1687.50 Ps + Rs.3500/- towards expenses for execution of indemnity bonds .Rs.50,000/- towards compensation and litigation expenses of Rs.5000/- within one month of this order to be paid to the complainant. In case of non payment the entire amount will carry 12% interest P.A till realisation.

                     Order pronounced in open court on this 11^th day of April 2023.

                    Supply free copies to the parties.