West Bengal

South 24 Parganas

CC/47/2016

Harekrishna Mondal. - Complainant(s)

Versus

1. Peerless Developers Ltd. - Opp.Party(s)

14 Sep 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

SOUTH 24 – PARGANAS , AMANTRAN BAZAR, BARUIPUR, KOLKATA-700 0144

 

      C.C. CASE NO. _47_ OF ___2016_

 

DATE OF FILING : 24.5.2016                     DATE OF PASSING JUDGEMENT:  14/6/2016

 

Present                        :   President       :   Udayan Mukhopadhyay

 

                                        Member(s)    :   Sharmi Basu & Subrata Sarker

                                                                             

COMPLAINANT        :     Harekrishna Mandal,Vill.& P.O Baikunthapur, P.S. Kultali (Maipith Costal), Pin-743383

 

-VERSUS  -

 

O.P/O.Ps                            :     1. Peerless Developers Ltd. Diamond Harbour Municipality Office Compound, Ground Floor, Diamondharbour, Pin743331.

                                                2.     Manager, Max New York Life Insurance Co. Ltd. 15A, Continental Chambers2nd & 3^rd Floor, Hemanta Basu Sarani, Kolkata-700 001.

_______________________________________________________________________

                                                            J  U  D  G  E  M  E  N  T

Udayan Mukhopadhyay, President

This is an application under section 12 of the C.P Act, 1986 filed by the complainant on the ground that complainant purchased Maxs New York Life Insurance Policy (Unit Builder Plus) on 10^th March, 2010 through their Corporate Agent Peerless Developers Ltd. The policy no. was 771952132 and he claimed that policy premium was paid regularly for the last three years by cheque to continue the said policy. But in the 3^rd year in 2012 complainant had paid a renewal policy premium on 19.3.2012 at Diamond Harbour to Peerless Developers Ltd. , O.P-1 amounting to Rs.20,000/- and they issued the money receipt. But complainant came to know when he wanted to pay 4^th yearly premium in March, 2013 that they had lost the cheque but not sent any information. So, it is a pure case of negligence. It has further stated that the policy had already elapsed and O.P-2 sent a cheque only for Rs. 9964.02 on March, 2015 against my deposited premium amounting to Rs.40,000/-. So, it is a clear case of cheating and complainant has claimed that they had also stolen his heard earned money factually. Hence, this case with a prayer to refund the amount of Rs.30,036/- plus interest, compensation of Rws.49,500/-  and cost of Rs.10,000/-

 The case is running in exparte against the O.Ps, since they have not contested the case after receiving summons.

Points for decision in this case is whether there is any deficiency in service or unfair trade practice on the part of the O.Ps or not.

                                                Decision with reasons

Complainant clarified successfully regarding the disputed cheque which was encashed being cheque no. 151737 ,although said cheque was received by the O.P-2 for the annual premium amount of Rs.20,000/-. But unfortunately previous two payments although complainant has claimed successful through cheques but complainant failed to show the previous two payments of Rs.40,000/- were paid through cheque and at the time of clarification complainant has claimed that said amounts were paid in cash.

Be that as it may, from the communications made by the complainant with the O.Ps clearly proved that there is no dispute regarding previous payment of Rs.40,000/-. But dispute cropped up at the time of encashing cheque no.151737. The communication of the O.Ps to the complainant on 17.9.2015 shows that the said cheque amounting to Rs.20,000/- was bounced on 8.5.2012. But on reply complainant has claimed that on 8.5.2012 his account balance was Rs.1,53,713/-. But thereafter after getting the reply from the complainant O.Ps informed the complainant expressing their inconvenience , for which also apologies in the matter of mis-communication and has given assurance to continued to provide with the services of Max Life. So, we find that it is a glaring example of unfair trade practice, particularly when accepting Rs.40,000/- O.Ps only sent Rs.9964.02p and due to the fault of the O.P the policy was elapsed.

Thus complainant has been able to prove deficiency in service and unfair trade practice on the part of the O.Ps.

Hence,

                                                                        Ordered

That the O.Ps are jointly and/or severally directed to pay balance amount of Rs.30,036/- along with interest @9% p.a from the date of this order to till its realization .

The O.Ps also have to pay jointly and/or severally Rs. 5000/- towards compensation and litigation cost of Rs.2000/- to the complainant since it is a cheaper Forum.

All the amounts have to be paid by the O.Ps to the complainant within 45 days from the date of this order, failing which, further interest will carry for non-compliance of the order @15% p.a from the date of default to till its realization.

If the O.Ps failed and neglected to comply the order, the complainant is at liberty to execute the order through this Forum.

Let a plain copy of this order be served upon the complainant free of cost and one copy be sent to the O.Ps through speed post.

 

Member                                                      Member                                                                President

Dictated and corrected by me

                               

                        President

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The judgment in separate sheet is ready and is delivered in open Forum. As it is ,

                                    ]

            Ordered

That the O.Ps are jointly and/or severally directed to pay balance amount of Rs.30,036/- along with interest @9% p.a from the date of this order to till its realization .

The O.Ps also have to pay jointly and/or severally Rs. 5000/- towards compensation and litigation cost of Rs.2000/- to the complainant since it is a cheaper Forum.

All the amounts have to be paid by the O.Ps to the complainant within 45 days from the date of this order, failing which, further interest will carry for non-compliance of the order @15% p.a from the date of default to till its realization.

If the O.Ps failed and neglected to comply the order, the complainant is at liberty to execute the order through this Forum.

Let a plain copy of this order be served upon the complainant free of cost and one copy be sent to the O.Ps through speed post.

 

Member                                                      Member                                                                President