Orissa

Sambalpur

CC/96/2023

Asharani Sidhana, - Complainant(s)

Versus

1. The Branch Manager, UCO Bank, Sambalpur Main Branch, - Opp.Party(s)

Sri. S.Dash, Adv. & Associates

01 Oct 2024

ORDER

District Consumer Disputes Redressal Commission, Sambalpur
Near, SBI Main Branch, Sambalpur
Uploaded by Office Assistance
 
Complaint Case No. CC/96/2023
( Date of Filing : 12 Jun 2023 )
 
1. Asharani Sidhana,
Aged about 63 years, S/O-Tilakraj Sidhana, R/O- Near Muncipal Odiya School, Khetrajpur, PO/Ps-Khetrajpur, Dist-Sambalpur-768003, Odisha.
...........Complainant(s)
Versus
1. 1. The Branch Manager, UCO Bank, Sambalpur Main Branch,
At- Gaeity Road, Sambalpur, PO/Ps/Dist-Sambalpur-768001
2. 2. The Branch Manager, S.B.I. Life Insurance Company Limited, Sambalpur,
At-Ainthapali, Up Stair of Dominos Pizza, Po-Budharaja, Ps-Ainthapali, Dist-Sambalpur-768004
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Dr. Ramakanta Satapathy PRESIDENT
 HON'BLE MR. Sadananda Tripathy MEMBER
 
PRESENT:Sri. S.Dash, Adv. & Associates, Advocate for the Complainant 1
 Sri. S.K. Panigrahi, Advocate, Advocate for the Opp. Party 1
 Sri. N.C. Behera, Advocate, Advocate for the Opp. Party 1
Dated : 01 Oct 2024
Final Order / Judgement

PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

Consumer Complaint No.-96/2023

Present-Dr. Ramakanta Satapathy, President,

  Sri. SadanandaTripathy, Member,

 

Asharani Sidhana, Aged about 63 years,

S/O-Tilakraj Sidhana,

R/O- Near Muncipal Odiya School, Khetrajpur, PO/Ps-Khetrajpur,

Dist-Sambalpur-768003,Odisha.                           .……….......Complainant.

Vrs.

  1. The Branch Manager, UCO Bank, Sambalpur Main Branch,

At- Gaeity Road, Sambalpur, PO/Ps/Dist-Sambalpur-768001

  1. The Branch Manager, S.B.I. Life Insurance Company Limited, Sambalpur, At-Ainthapali, Up Stair of Dominos Pizza, Po-Budharaja, Ps-Ainthapali, Dist-Sambalpur-768004                                              …...……….Opp. Parties

Counsels:-

  1. For the Complainant         :- Sri. S.Dash & Associates
  2. For the O.P. No.1                           :- Sri. S.K. Panigrahi, Adv.
  3. For the O.P.No.2                :- Sri. N.C. Behera, Adv.

 

Date of Filing:12.06.2023,  Date of Hearing :20.08.2024,  Date of Judgement :01.10.2024

 

Presented by Dr. Ramakanta Satapathy, PRESIDENT

  1. The case of the Complainant is that the Complainant is having savings Bank Account with O.P.No.1 with “E & S” (Either or Survivor) facility. Complainant opted SBI Life-Smart Wealth Builder(UIN-111L090V01) policy No. 1K082884108 in 2017 with O.P.No.2 and has to pay annual premium of Rs. 1.00 lakh for 5 years and the insurance coverage is Rs. 10.00 lakhs and the Complainant was to get approximately Rs. 6.00 lakhs at the end of 6 years term. Till 2020 premium was paid.

In 2021 the Complainant issued A/C payee cheque No. 000001 dated 19.01.2021 for RS. 1.00 lakh from the S.B. Account of O.P.No.1 Branch and obtained receipt from O.P.No.2. On 24.01.2022 Complainant approached the O.P.No.2 for payment of assured amount. O.P. No.2 told that last premium through cheque dated 19.01.2021 has not been received. The policy expired for non-payment. O.P.No.2 conveyed only Rs. 4.00 lakhs can be paid. O.P.No.1 was contacted and seen that the amount has been debited from S.B. Account than O.P.No.2 for further verification. Complainant on the request of O.P.No.1 waited for few days. In Feb. 2022 when O.P.No.1 was requested, he told to wait for two months. No positive result found. For the negligence of O.P.No.1 Complainant could not get her amount.

Cheque dated 19.01.2021, issuance was within knowledge of O.P.No.2. Non-clearance/non-payment intimation has not been given by O.P.No.2. For deficiency in service complaint has been filed.

  1. The O.P.No.1 replied that the cheque was presented to State Bank of India for clearance. O.P.No.1 credited the amount as per Bank norm. It was duly of beneficiary Bank to credit the amount. There is no negligence/deficiency in service of O.P. No.1. The S.B.I. has not been made party. Complainant is not entitled for any relief.
  2. The insurer submitted that policy No. 1K082884108 was commenced from 20.01.2017. The O.P. has received all the renewal premium under the policy except in 2021 for which policy discontinued. Discontinuance fund value Rs. 4,01,048.53 was paid to Complainant through her U.Co Bank account. There is no deficiency on the part of the answering O.P.
  3. Perused the documents filed by the parties. Basing on the pleadings and documents filed following issues are framed:

ISSUES

  1. Whether the complaint suffers from non-joinder of necessary parties?
  2. Are the O.Ps deficient in their service?
  3. What relief the Complainant is entitled to get?

Issue No.1 Whether the complaint suffers from non-joinder of necessary parties?

The O.P.No.1 submitted that the alleged cheque was presented before the State Bank of India for clearance.  As per Banking practice the O.P.No.1 credited the amount to the State Bank of India. It is the duty of the State Bank of India to credit the amount of Rs. 1.00 lakh to the beneficiary, O.P.No.2. The Complainant not made party to the State Bank of India, which is a necessary party is this complaint. The complaint suffers from non-joinder of necessary parties.

The issue is answered accordingly.

Issue No.2 Are the O.Ps deficient in their service?

The complainant issued cheque No. 000001 dated 19.01.2021 for Rs. 1.00 lakh. The cheque was presented before the State Bank of India by the Complainant. The O.P.No.1 as per banking practice credited the amount to S.B.I. It was the duty of S.B.I. to credit the amount to the account of O.P.No.2, beneficiary but it was not done. Due to non performance the Complainant could not get the assured benefit from O.P.No.2. The O.P.No.2 only paid an amount of Rs. 401,048.53P in place of approximate payment of Rs. 6.00 lakhs. From the facts narrated by the parties it reveals that the O.ps are not deficient in their service. As per policy terms and conditions the value has been credited in A/C No. 07110100006997 of the O.P.No.1. In the other hand the S.B.I. has not been made party.

The issue is answered in favour of the O.Ps.

Issue No.3 What relief the Complainant is entitled to get?

From the discussion Supra the Complainant is not entitled for any relief.

                   Accordingly, it is ordered:

ORDER

                    The complaint is dismissed on contest against the O.Ps. No cost.

                    Order pronounced in the open court on 1st day of Oct. 2024.

                    Supply free copies to the parties.

 
 
[HON'BLE MR. Dr. Ramakanta Satapathy]
PRESIDENT
 
 
[HON'BLE MR. Sadananda Tripathy]
MEMBER
 

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