Ld. Advocate(s)
For Complainant: Suman Chakraborty/Tathagato Biswas
For OP/OPs : Somnath Dutta
Date of filing of the case :19.02.2019
Date of Disposal of the case :06.03.2023
(2)
Final Order / Judgment dtd.06.03.2023
Complainant Anarul Mondal files the present complainant against the aforesaid opposite parties under section 12 of the Consumer Protection Act, 1986 alleging deficiency in service and prayed to Rs.87,529.00 (Rupees eighty seven thousand five hundred twenty nine), interest at the rate of 12% since 28.06.2017 to till the actual date of payment, compensation amounting to Rs.1,00,000.00(Rupees one lakh) and cost of the amounting to Rs.50,000.00 (Rupees fifty thousand).
It is the allegation of the complainant that he had purchased one Policy from OP NO.1 and same was matured on 28.06.2017 and maturity amount was amounting to Rs.87,529.00 (Rupees eighty seven thousand five hundred twenty nine) was given to complainant by a cheque which he deposited in his bank account under OP NO.2 but till date he did not get the said amount in his account. Hence, he failes this case.
OP No.1 appeared in this case and admitted that complainant had purchased one policy from them and also admitted that they had sent a cheque amounting to Rs.87,529.00 (Rupees eighty seven thousand five hundred twenty nine) to the complainant and said cheque has encashed. He prays for dismissal of this case.
OP NO.2 not yet appeared in this case, notice served upon OP NO.2 on 20.03.2019, Ld. Adv. Mr. Somnath Dutta appeared on behalf of OP NO.2 on 16.04.2019 but thereafter, OP NO.2 not yet filed W/V nor took any steps. Such as case is running ex-parte against OP No.2 vide order no.16 dated 11.06.2019.
Trial
During trial complainant Anarul Mondal did not file any affidavit in chief. He only filed certain documents is on firisti and also filed BNA.
Documents
Following documents have been produced on behalf of the complainant viz :
- Original copy of Policy Certificate being Policy No.0056002228
- Original copy of S/B A/C Pass Book A/C No.11256387041 in the name of Anarul Mondal.
- Original counterpart of cheque issued against policy no.0056002228 in favour of Anarul Mondal......(One sheet)
- Xerox copy of application letter dtd. 19.12.2018........(One sheet).
Brief Notes of argument.
Complainant in support of his case filed number of Brief Notes of Argument.
(3)
Decision with Reasons
It is the allegation of the complainant that he got maturity value of a insurance policy from OP No.1 namely Bajaj Allianz vide policy number 0056002228 amounting to Rs.87,529.00 (Rupees eighty seven thousand five hundred twenty nine) through on cheque of HDFC bank being number 236325 dated 07.04.2018 and he deposited the same before the OP NO.2 in his drop box but till date said amount not yet been reached in his savings bank account. OP No.1 in his W/V clearly mentioned that said cheque has encashed. On careful scrutiny of the bank pass book of complainant submitted before this Commission we find that said amount not yet been included in the bank account of complainant. Only the OP No.2 can say as to why the said amount not yet been included in the bank account of complainant but as he is not contesting the case, we are unable to hear his version. The silence OP NO.2 in this record his very much suspicious. OP NO.2 could easily cleared the matter and could say actually what happened.
OP No.1 in his W/V stated that aforesaid cheque has encashed i.e amount of cheque has deducted from their bank account but they could not produce document in support of the said fact. They could easily produce their bank accounts where, it would easily clear that said cheque has encahsed. As Ld. Adv. OP NO.1 has not participated in the argument so, this Commission failed to know his explanation.
It is clear before this Commission that complainant is entitled to Rs.87,529.00 (Rupees eighty seven thousand five hundred twenty nine) but he did not get the sum till date. We do not find any fault on the part of the complainant. We also find that the complainant has able to established his grievance before this Commission and he is entitled to relief as per his prayer.
In the result present case succeeds. Hence,
It is
Ordered
that the present case be and the same is allowed on contest against OP No.1 and allowed ex-parte against OP NO.2 with cost of Rs.3000.00(Rupees three thousands) to be paid by OP No.1-2 in favour of the complainant.
OP No.1-2 jointly or severally are directed to pay the amount of the aforesaid cheque i.e Rs.87,529.00 (Rupees eighty seven thousand five hundred twenty nine) along with interest @ 9% per annum since 07.04.2018 to till the date of actual payment within one month failing which complainant shall have liberty to put this order into execution.
(4)
OP No.1-2 jointly or severally are directed to pay Rs.10,000.00(Rupees Ten thousands) to the complainant as compensation for his physical harassment and for his mental pain and agony within one month from this order failing which complainant shall have liberty to put this order into execution.
Let a copy of this order be supplied to the complainant as free of cost.
Let a copy of this order be sent to OP No.1-2 for compliance.
Dictated & corrected by me
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PRESIDENT
(Shri DAMAN PROSAD BISWAS,) .................................................
PRESIDENT
(Shri DAMAN PROSAD BISWAS,)
I concur,
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MEMBER
(NIROD BARAN ROY CHOWDHURY)
