DIST. CONSUMER DISPUTES REDRESSAL FORUM
NORTH 24 Pgs., BARASAT.
C. C. CASE NO. 471/2017
Date of Filing: Date of Admission: Date of Disposal:
01.09.2017 21.09.2017 12.10.2017
Complainant:- Gopal Deb Nath, S/o Kamini Kumar Debnath,
VillageBaidyapur, P.O.- Chakbaman Goria, P.S.- Purbasthali,
District-Burdwan, Pin-713513, West Bengal.
Vs.
Opposite Parties:- 1) Birla Sun Life Insurance Company Limited,
Globsyn Group Corporate Office, 11 & 12, 1st Floor,
Crystals, Block-EP, Sector-V, P.S.- Electronic Complex,
Salt Lake City, Kolkata-700 091, West Bengal,
(Former Business Place- Sector-V, IBM Building,
6th Floor, Millenium City Park, P.O.-Sesh Bhawan,
P.S.-Electronic Complex Thana, Salt Lake,
Kolkata-700 091, West Bengal).
2) Mamoi Chatterjee, D/o Sapan Chatterjee,
Agarpara Kadamtala, P.S.-Kharda, P.O.-Agarpara,
Kolkata-700 109, North 24 Parganas,
Near Ushumpur Sivir, West Bengal.
P R E S E N T :- Sri. Bankim Chandra Chattopadhyay…………President.
:- Sri. Siddharta Ganguli ….………………………Member.
:- Smt. Silpi Majumder………………………………Member.
ORDER: 03
This complaint is filed by the Complainant u/S 12 of the Consumer Protection Act, 1986 alleging deficiency in service as well as unfair trade practice against the OPs as the OPs did not refund him the premium amount in respect of different policies till filing of this complaint.
At the time of hearing on the point of admissibility of this compliant we have noticed that though in the pleadings of the complainant numbers of several policies has been mentioned by the Complainant along with its premium amount, purchased from the OP-1-Insurance Company, but neither the original copy of the said policies nor its photocopies are available in the record along with the petition of complaint. The allegation of the Complainant is that though he purchased some insurance policies from the OPs, but after its purchase and making payment of the premium amount he decided not to continue with the same and prayed for refund of the entire premium amount, but till date the same had not been refunded to him. For this reason this complaint is filed. In our view though the Complainant has mentioned several numbers of the policies showing different premium amount, but until and unless those policies are forthcoming either in original or photocopies, we are not in a position to hear the compliant for admission hearing. Chance was given to the Complainant, but he could not submit the same. The disputes lies as to whether the Complainant is entitled to get refund of the premium amount or not, but as the policy copies are not available in the record, hence we are not in a position to admit the complaint based on only the pleadings of the complaint. As the Complainant has failed to corroborate his dispute by producing the documents, hence the complaint is dismissed.
It is ordered that the complaint being no-471/2017 is hereby dismissed without being admitted. However considering the facts and circumstances there is no order as to cost. The Complainant is at liberty to approach before the appropriate Forum/Commission/Court, if not barred otherwise.
Let plain copy of this order be given to the parties free of cost as per the provision of the CPR, 2005.
Member Member President
Dictated and corrected by me:
