Chandigarh

DF-II

CC/384/2015

Gurdeep Kumar - Complainant(s)

Versus

Bajaj Allianz Life Insurance Co.Ltd. - Opp.Party(s)

Sh. Vishal Goel Adv.

26 May 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II, U.T. CHANDIGARH

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Consumer Complaint No.	:	384/2015
Date of Institution	:	22.07.2015
Date of Decision	:	26.05.2016

 

                                               

                                               

Gurdeep Kumar s/o Prem Nath r/o Flat No.1709, Nirvana Society, Sector 49-B, Chandigarh

                 ...  Complainant

 

Versus

1]  Bajaj Allianz Life Insurance Co. Ltd., SCO No.215-217, Sector 34-A, Chandigarh through its Authorized Officer.

 

2]  Punjab National Bank, Booth No.25, Sector 49, Chandigarh through its Authorized Officer.

 

…. Opposite Parties.

BEFORE:  SH.RAJAN DEWAN                 PRESIDENT        SH.JASWINDER SINGH SIDHU       MEMBER

         MRS.PRITI MALHOTRA             MEMBER

 

For complainant         :     Sh.Vishal Goel, Advocates

 

For Opposite Party(s)   :     Sh.P.S.Bedi, Adv. for OP No.1.

Sh.Sumit Narang, Adv. for OP-2.

 

 

PER PRITI MALHOTRA, MEMBER

 

 

         As per the case, the complainant issued a cheque No.994189 dated 26.08.2013 drawn on Punjab National Bank for Rs.6083/- (Annexure C-1) towards the annual premium of his insurance policy No.0026053155.  Thereafter, he got a letter dated 20.09.2013 (Annexure C-2) from OP No.1 regarding the dishonor of the aforesaid cheque on account of “insufficient funds” and he was requested to pay the annual premium along with bank charges of Rs.100/- towards the Insurance Policy through cash/DD. Consequently, on 24.09.2013 he paid the premium of Rs.6100/- + Rs.100/- vide two different receipts (Ann.C-3 and C-4). Later on, he came to know that the cheque dated 26.08.2013 which was bounced in the year 2013 was again represented by OP No.1 in his account and the same was debited from his account by OP No.2 and credited in the account of OP No.1 on 07.07.2014 (i.e. after ten months of the issuance of the said cheque). A copy of the account statement for the month of July, 2014 is Annexure C-5. According to the complainant, it amounts to unfair trade practice on the part of the OPs as once the cheque was bounced and he made the payment of the premium amount alongwith the penalty to OP No.1 and therefore, it was not entitled to represent the same cheque in his account as nothing remains pending towards the premium amount.  Similarly, OP No.2 has also committed unfair trade practice by clearing the said cheque after about 10 months of its issuance whereas the same was valid for three months.  As such he wrote a letter (Annexure C-6) to OP No.1 which was replied vide letter dated 08.07.2014 (Annexure C-7) stating that cheque No.994189 dated 26.08.2013, is showing bonce in our system and the original cheque is lying with us and it was never represented with the bank. Subsequently, he wrote a letter dated 22.07.2014 to OP No.2 with regard to the clearance of the said cheque, after the period of 10 months and he received the letter dated 09.05.2015 to the effect that Cheque No.994189 for Rs.6083/- favoring Bajaj Allianz Lie Insurance was debited to A/c No.6646002100000126 of M/s Dream Enterprises on 07.07.2014 as per our record. Alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of the Opposite Parties, the complainant has filed the instant complaint.

 

2]       In its written statement, OP No.1 (Bajaj Allianz) has admitted that the complainant submitted a cheque NO.994189 dated 26.8.2013 for an amount of Rs.6083/- drawn on Punjab National Bank, Sector 49, Chandigarh towards yearly regular premium, which on presentation to Standard Chartered Bank i.e. banker of Opposite Party, got dishonoured due to insufficient funds and the original cheque along with cheque returning memo was returned to answering Opposite Party (Ann.R-1 & R-2).  Thereafter, the complainant deposited an amount of Rs.6100/- as premium amount and Rs.100/- as bank charges (Ann.R-4 & R-5).  It is stated that the answering Opposite Party never presented the said dishonoured cheque for encashment and the said Original cheque as well as Original Cheque Return Memo issued by the bank is in possession of the answering Opposite Party and can be produced before the Forum anytime.  It is also stated that the complainant has got no cause of action to file the present complaint against the answering Opposite Party.  Rest of the allegations have been denied with a prayer to dismiss the complaint qua Opposite Party NO.1.

         The Opposite Party No.2 has also filed reply and took objection that the complainant is not a ‘consumer’ as the complainant was running a sole proprietorship concern in the name of Dream Enterprises and had opened a current account NO.6646002100000126 in the name of Dream Enterprises, with Opposite Party NO.2 Bank for carrying out its commercial activities for profit motive.  It is admitted that the complainant had issued cheque NO.994189, dated 26.8.2013 in favour of Bajaj Allianz Life Ins. Co. Ltd. and the same was dishonoured due to insufficiency of funds. It is admitted that the complainant wrote letter dated 22.7.2014, which was replied by the answering Opposite Party vide letter dated 9.5.2015.  It is stated that the complaint lodged by the complainant was acted upon and the amount of Rs.6083/- was credited into the said account vide credit entry dated 8.8.2015 (Ann.R-1).  It is also stated that refund of the cheque amount of Rs.6083/- already stands credited into the said current account of the business entity maintained by the complainant and since a current account is devoid of any interest facility, therefore, the complainant is not entitled to any interest. Pleading no deficiency in service and unfair trade practice on the part of the answering Opposite Party, it is prayed that the complaint be dismissed.

 

3]       Parties led evidence in support of their contentions.

 

4]       We have heard the ld.Counsel for the parties and have also perused the record.

5]       It is not denying the fact that the PNB i.e. Opposite Party No.2 wrongly credited the amount of Rs.6083/- in the account of Bajaj Allianz Life Insurance Co. i.e. Opposite Party NO.1 without any authority. The mistake committed by them is alleged to have been rectified by crediting the said amount in the account of the complainant.  The Opposite Party No.2 had taken other technical objections such as the complaint is not filed by the firm or that this Forum has no territorial jurisdiction to entertain the complaint and also that there is no cause of action against the Opposite Party, are irrelevant in terms of the fact that the Opposite Party No.2 detecting their mistake, on being pointed out by the complainant, rectified it by crediting the amount in his account.

6]       The only question under these circumstances is whether the Opposite Party No.2 is liable to pay interest or liable to compensate the complainant for the amount which remained wrongly credited in the account of Opposite Party No.1.  We are of the opinion that for the mistake of Opposite Party No.2, the complainant cannot be penalized not to claim anything and thus is right in claiming compensation for the period his amount remained wrongly credited in the account of Opposite Party NO.1. The Objection that it is a current account is of no relevance. 

7]       In view of the above discussion, we are of the opinion that the deficiency in service on the part of OP No.2 is proved.  Therefore, the present complaint deserves to be allowed against Opposite Party No.2 and the same is accordingly allowed against the Opposite Party No.2 and dismissed qua No.1. The Opposite party No.2 is directed as under ;-

1. To pay a sum of Rs.5,000/- as compensation to the complainant on account of mental tension, agony, harassment.
2. To pay Rs.3,000/- as litigation expenses.

         This order shall be complied with by Opposite Party within 30 days from the date of receipt of its certified copy, failing which, it shall be liable to pay the amount as mentioned in sub-para (a) above to the complainant along with interest @18% p.a. from the date of filing this complaint till realization, besides paying litigation expenses. 

         The certified copy of this order be sent to the parties free of charge, after which the file be consigned.

Announced

26^th May, 2016                                                                                                                                                       (RAJAN DEWAN)

PRESIDENT

 

 

                                                                                               

 (JASWINDER SINGH SIDHU)

MEMBER

 

 

 

 (PRITI MALHOTRA)

MEMBER