C.F. CASE No. : CC/11/58
COMPLAINANT : Dilip Kumar Sarkar
S/o Late Jitendra Nath Sarkar
Vill. P.O. Chichuria,
P.S. Nakashipara,
Dist. Nadia
OPPOSITE PARTY/OP : Branch Manager,
Bangiya Gramin Bikash Bank
Khidirpur Branch
Vill. Khidirpur, P.O. Bethuadahari,
P.S. Nakashipara, Dist. Nadia
PRESENT : SHRI KANAILAL CHAKRABORTY PRESIDENT
: SHRI SHYAMLAL SUKUL MEMBER
DATE OF DELIVERY
OF JUDGMENT : 25th October, 2011
: J U D G M E N T :
In brief, the case of the complainant is that on 17.02.03 he took a loan from the OP bank after depositing his LIC certificate policy No. 422370/89 dtd. 24.11.2000 and his loan account No. is HBL 14/03. It is his further case that he duly repaid the loan amount to the OP. In spite of that the OP did not hand over the LIC certificate to him which became matured in June, 2011. So on 29.04.11 he requested the OP to return the LIC certificate by sending a letter which was duly received by the OP. In spite of that the OP has yet returned the LIC policy certificate to him, as a result of which he is unable to get payment of the matured amount. So having no other alternative he has filed this case praying for the reliefs as stated in the petition of complaint.
Notice was duly served upon the OP bank, but the OP did not appear before the Forum to contest the case by filing any written version. So the case is taken up for exparte hearing.
POINTS FOR DECISION
Point No.1: Has the complainant any cause of action to file this case?
Point No.2: Is the complainant entitled to get the reliefs as prayed for?
DECISION WITH REASONS
Both the points are taken up together for discussion as they are interrelated and for the sake of convenience.
The complainant has filed some documents. ‘Annexure – 1’ is the letter sent by the complainant to the OP bank on 29.04.11, inter alia, requesting him to return the LIC policy certificate No. 422370/89 dtd. 28.06.2000 and the said letter was duly received by the OP on 31.04.11 affixing his seal on the copy of the letter. ‘Annexure – 2’ is the letter issued by the LIC Authority dtd. 18.05.11 in the name of the complainant, inter alia, stating that his policy became matured for payment on 28.06.11 and in the said letter the LIC authority directed him to produce the original policy document for making of payment. The net amount payable to the complainant by the LIC is Rs. 74,550/-. The complainant’s specific allegation is that though he requested the OP by sending a letter to return the LIC policy certificate, but the OP did not act as per that due to which till date he has not received the matured amount from the LIC. Today he has filed another letter issued by the OP bank dtd. 20.07.11 in the name of the complainant, inter alia, stating that the OP bank had a discussion with the LIC regarding payment of the matured amount to the complainant at which the LIC authority stated that the complainant had to submit one indemnity bond (as per proforma of LIC) on a stamp paper valued of Rs. 50/-. In the said letter it is also stated by the OP that he will bear the cost of stamp paper and to submit the same before him. So from this letter it is revealed that the complainant admittedly deposited the LIC policy certificate before the OP which is perhaps lost from his custody due to which he contacted with the LIC regarding payment of the said amount to the complainant. But he has not appeared before this Forum to make submission about this letter.
So considering all these documents and after hearing the submission of the ld. lawyer for the complainant it is established that admittedly the complainant took loan from the OP bank after depositing the LIC certificate to the OP which is still in his custody or the same is lost by him. It is also established that without the original policy certificate the LIC authority will not make payment to the complainant. From the letter dtd. 20.07.11 issued by the OP, we find that he had a discussion with the LIC authority who is ready to make payment on submission of indemnity bond by the complainant. The OP has not stated in his letter why he failed to return the original policy to the complainant which is his bounden duty to return the said policy certificate to the complainant. So we find deficiency in service on the part of the OP.
In view of the above discussions and considering the facts of this case along with the annexed documents our considered view is that the complainant has become able to prove his case. So he is entitled to get the reliefs as prayed for. In result the case succeeds.
Hence,
Ordered,
That the case, CC/11/58 be and the same is decreed exparte against the OP. The complainant is entitled to get compensation of Rs. 15,000/- from the OP for harassment caused to him along with litigation cost of Rs. 1,000/-. The complainant is to submit one indemnity bond as per proforma of LIC on a stamp paper amount of Rs. 50/- to the LIC through the OP as early as possible and on receipt of the said indemnity bond LIC authority will make payment of the matured amount to the complainant. The OP is directed to make arrangement for payment of the matured amount to the complainant by the LIC on submission of the indemnity bond within a period of one month since this date, in default he is liable to make payment of the matured amount of Rs. 74,550/- to the complainant. The OP is further directed to pay this decretal amount of Rs. 16,000/- to this complainant within that period also, in default, the decretal amount will carry interest @ 10% per annum since this date till the date of realization of the full amount.
Let a copy of this judgment be delivered to the parties free of cost.
