West Bengal

North 24 Parganas

CC/473/2017

Parimal Deb Nath - Complainant(s)

Versus

Birla Sun Life Insurance Co.Ltd. - Opp.Party(s)

R.K.Singh

10 Oct 2017

ORDER

DCDRF North 24 Paraganas Barasat
Kolkata-700126.
 
Complaint Case No. CC/473/2017
 
1. Parimal Deb Nath
S/O GopalDeb Nath,Vill-Baidyapur,P.O.-Chakbaman Goria,P.S.-Purbasthali,pin-713513
Burdwan
West Bengal
...........Complainant(s)
Versus
1. Birla Sun Life Insurance Co.Ltd.
Globsyn Group Corporate Ofice 11 & 12,1st Floor,Crystals,Block-EP,Sector-V,P.S.-Electronice Complex,Kol.-91
North 24 Parganas
West Bengal
2. Mamoi Chatterjee,D/o Sapan Chatterjee
Agarpara,Kadamtala,P.S.-Kharda,P.O. Agarpara,Kolkata-700109
North 24 Parganas
west bengal
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Bankim Chandra Chattopadhyay PRESIDENT
 HON'BLE MR. Siddhartha Ganguli MEMBER
 HON'BLE MS. Shilpi Majumdar MEMBER
 
For the Complainant:
For the Opp. Party:
Dated : 10 Oct 2017
Final Order / Judgement

DIST. CONSUMER DISPUTES REDRESSAL FORUM

NORTH 24 Pgs., BARASAT.

C. C.  CASE NO.  473/2017

 

    Date of Filing:                   Date of Admission:                  Date of Disposal:

     01.09.2017                            21.09.2017                                12.10.2017

                                           

 Complainant:-    Parimal Debnath, S/o Gopal Deb Nath, Village- Baidyapur,

                               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 Beggal).

                                  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-473/2017 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:

 

 

 
 
[HON'BLE MR. Bankim Chandra Chattopadhyay]
PRESIDENT
 
[HON'BLE MR. Siddhartha Ganguli]
MEMBER
 
[HON'BLE MS. Shilpi Majumdar]
MEMBER

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