The complainant filed this case U/S 12 of Consumer Protection Act, 1986 with the prayer directing the O.Ps. to pay compensation for his loss in business of Rs.1,50,000/- and to pay Rs.50,000/- for harassment, mental pain and litigation cost.

The fact of the case is that the complainant on 24.06.2013 went to the O.P./ Bank for opening a Fixed Deposit of Rs.50,000/- and he is a consumer having savings A/c No.913010025043497. As per direction of O.P. No.3 he signed on the Form of Demand Draft of Rs.50,000/- and was asked to come to the Bank 3-4 days after to collect the Fixed Deposit certificate. When he visited the Bank for certificate he came to know that actually no Fixed Deposit was issued. After some days he received one envelope containing Policy papers and some documents of Max Life Insurance Company. He realized that the O.P./ Bank practicing fraud upon him and procured his false signature on Policy papers issued Unit Link Non-participating Life Insurance Policy of Rs.50,000/- for 15 years being No.403762842. That the O.P./ Bank is the corporate agent of the O.P./ Insurance Company. Thereafter, the complainant informed the O.P. No.5, Customer Service by e-mail and on 14.11.2013. From Max Life Insurance Company he received a cheque of Rs.50,000/-. Complainant alleges that though the O.P./ Insurance Company refunded the said amount but long after 5 months causing him a huge loss in his business and mental harassment and agony. Therefore he files this case before this Forum.

The O.P./ Bank appeared and contested this case by filing W.V. and denied the allegation of the complainant and stated that after understanding all the pros and cons of the Insurance Company, complainant agreed to purchase Insurance Policy of O.P./ Insurance Company and the contract was only between the complainant and Insurance Company. Then as per request of the complainant to cancel the policy, O.P. No.2 forwarded the request to O.P. Nos. 6 and 7. Complainant cancelled the policy and was refunded Rs.50,000/- as premium amount. Therefore, the complainant has no cause of action to file this case and is not entitled to get any relief from the O.P./ Bank.

The O.P./ Insurance Company appeared and filed an application on affidavit for settlement of dispute and expresses its intention to settle the matter amicably. O.P./ Insurance Company also stated that as a goodwill gesture O.P. have already refunded Rs.50,000/- (premium amount) to the complainant and are also ready and willing to pay 8% interest from the date of payment to the final settlement.  

The O.P. No.5 did not turn up in spite of receiving notice therefore the case is heard ex-parte against O.P. No.5.

To establish his case the complainant submitted memo of evidence, oral evidence, some photocopies of documents. O.P./ Bank submitted memo of evidence, oral evidence, photocopies of documents and also submitted written argument  etc.

DECISIONS WITH REASONS

We carefully perused the complaint, W.V., photocopies of documents and considered the argument advanced by the contesting parties.

Admittedly, Rs.50,000/- was debited from SB A/c of the complainant, which was not used for opening a Fixed Deposit scheme but it was paid as a premium of the O.P./ Insurance Company’s policy scheme. It is also admitted that the O.P./ Insurance Company refunded the said Rs.50,000/-, cancelled the policy, to settle the matter with the complainant. O.P./ Bank stated that the complainant requested to cancel the policy and O.P./ Bank immediately forwarded the request to O.P. Nos. 6 & 7 for act accordingly. The letter of O.P. No. 6 & 7 to the complainant dated 07.11.2013 and letter dated 14.11.2013 informing the complainant that the policy has been cancelled with sincere apologies for the inconvenience. In his evidence complainant also admitted that he received cheque of Rs.50,000/-.

Complainant deposed that the O.P./ Bank supplied all his personal particulars to the Insurance Company and behind his knowledge filled up the Policy Form with his fake/ false signatures procured the policy. On this allegation the Forum directed the O.Ps. to produce the original Form of application of the Policy, but neither the O.P./ Bank nor the O.P./ Insurance Company ever produce the original Policy Form purportedly signed by the complainant. The specific allegation of the complainant is that he never applied for any Insurance Policy and never signed on any such Policy Form. Therefore the complainant has been able to prove his case due to non-production of original Policy Form by the O.Ps. The immediate return of the Policy Money with sincere apologies for inconvenience by the O.P./ Insurance Company also proves the fact that the O.Ps. indulged in unfair trade practices with the complainant who is a consumer of the O.P./ Bank. The negligence of the O.P./ Bank and deficiency in service with his customer is also proved.

Heard arguments of both sides, considered the evidence on record, the documents filed and written argument submitted by the O.P./ Bank this Forum finds that the complainant is able to prove his case and the O.Ps. are negligent, deficient in their service with unfair trade practice. Therefore, the complainant is entitled to get an award for harassment, mental pain and agony to that effect. 

The complainant is also entitled to get interest @9% over the said premium amount of Rs.50,000/- from the date of payment i.e. from 24.06.2013 till realization.

Fees paid is correct.

Hence, it is

ORDERED,

That the case being No.CC - 09/2014 is allowed on contest against O.P. Nos. 1 to 4 and 6 & 7 and ex-parte against O.P. No.5.

That the complainant do get an award directing the O.P. No. 1 to 4 to pay compensation of Rs.2,000/- towards deficiency in service, mental pain and harassment for unfair trade practice and also to pay Rs.1,000/- as litigation cost to the complainant within one month from this date, otherwise the complainant is at liberty to proceed with the law.

O.P. Nos. 6 & 7 are directed to pay interest @ 9% p.a. to the complainant over the said premium amount of Rs.50,000/- from the date of payment i.e. from 24.06.2013 till realization, otherwise the complainant is at liberty to proceed with the law.

O.P. Nos. 1 to 4 and 6 & 7 are further directed to deposit, jointly and severally, Rs.3,000/- as cost to the Consumer Welfare Fund, West Bengal within one month from this date.

Copy of this order be supplied to each parties free of cost.