Jharkhand

StateCommission

A/13/2015

Branch Manager, Allahabad Bank - Complainant(s)

Versus

Anjana Sinha - Opp.Party(s)

M/s K.N. Ambasta & H.C. Prasad

31 Jul 2015

ORDER

JHARKHAND STATE CONSUMER DISPUTES REDRESSAL COMMISSION,RANCHI
FINAL ORDER
 
First Appeal No. A/13/2015
(Arisen out of Order Dated 13/10/2014 in Case No. CC/68/2011 of District Hazaribag)
 
1. Branch Manager, Allahabad Bank
Ichak Branch
Hazaribagh
...........Appellant(s)
Versus
1. Anjana Sinha
Village- Rud, P.O.- Dumroun, P.S.- Ichak
Hazaribagh
Jharkhand
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE R.K. Merathia PRESIDENT
 HON'BLE MR. Ajit Kumar MEMBER
 
For the Appellant:
None
 
For the Respondent:
ORDER

31-07-2015 – Inspite of several opportunities, nobody appeared in this case on behalf of the appellant. Thus, this case was fixed for passing ex-parte order. Today again nobody appears on behalf of the appellant.

2.       This appeal was filed along with a petition for condonation of delay of about 64 days in filing this appeal.

3.       In the limitation petition absolutely vague and general grounds are made out for condoning the long delay.

4.       However, we went through the brief to examine the merits.

5.       The present complaint was filed by the respondent-complainant alleging interalia as follows. She took loan of Rs. 1, 25,000/- for running a beauty parlor from the O.Ps.- appellants - Bank for short, against which she pledged two L.I.C. policies namely “Jeevan Shri Policy” being policy no. ‘542104847’ for Rs. 5 lacs and “Bima Plus Policy” being policy no. ‘543204034’, for Rs. 4 Lacs. She never defaulted in payment of the premiums. She could not pay the loan amount and therefore gave consent to liquidate “Bima Plus Policy”.  Lateron without her consent the Bank also liquidated her “Jeevan Shri Policy”, about which she learnt when she went to the office of the Branch Manager, L.I.C., Hazaribagh. She raised grievance before the Bank. The Bank realized it’s fault and wrote a letter to L.I.C. for revival of the said policy but it was not revived.

6.       The Bank appeared and contested the case. It denied that no letter was written to L.I.C. for revival of the said policy of the complainant.

7.       The learned District Forum interalia held that without the consent of the complainant her “Jeevan Shri Policy” was liquidated by the Bank, whereas the loan of Rs. 90,620/- was satisfied by  liquidating “Bima Plus Policy”. It also found that the Bank made request to L.I.C. for revival of “Jeevan Shri Policy”. It further held that no cogent and plausible reason was given by the Bank as to under what circumstances “Jeevan Shri Policy” was liquidated. It further held that the Bank specifically admitted that it made a request to L.I.C. for revival of “Jeevan Shri Policy” which was for Rupees Five Lakhs and it was to mature in the year 2027.

8.       Thus, the learned District Forum rightly  concluded that the Bank was solely responsible for causing loss to the complainant and directed the Bank to pay Rs. 5,00,000/- as compensation along with Rs. 10,000/- as litigation cost along with Rs. 10,000/- as compensation for mental agony.

9.       After going through the record, in our opinion, even if, the delay of about 54 days in filing this appeal is ignored, no grounds are made out for interfering with the aforesaid findings recoded by learned District Forum.

Accordingly, this appeal is dismissed.

    Issue free copy of this order to all concerned for information and needful.

                        Ranchi,

                        Dated:-31/07/2015

 
 
[HON'BLE MR. JUSTICE R.K. Merathia]
PRESIDENT
 
[HON'BLE MR. Ajit Kumar]
MEMBER

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