Jharkhand

Bokaro

CC/18/61

Alok Kumar Singh - Complainant(s)

Versus

Branch Manager, Bank Of India - Opp.Party(s)

17 Feb 2023

ORDER

District Consumer Disputes Redressal Commission, Bokaro

Date of Filing-07-05-2018

Date of final hearing-17-02-2023

 Date of Order-17-02-2023

Case No. 61/2018

Alok Kumar Sinha,

R/o Plot No- GB-18, City Centre, Sec-4, District- Bokaro

Vs.

1. Branch Manager, Bank of India Sec-4, Bokaro, 827007
2.  Branch Manager, National Insurance Co. Ltd.

 Natraj Mansion, Check Post Chas, Bokaro 

                             Present:-

                             Shri Jai Prakash Narayan Pandey, President

                   Smt. Baby Kumari, Member

 

PER- J.P.N Pandey, President

•  

1. None turned up on behalf of complainant on repeated call. Learned counsel for O.Ps. are present. It reveals from the record that this case is pending at the stage of argument in which complainant is absent since long therefore, heard argument of O.Ps. and in the given facts as per provision of Section 38 (3) (c) Consumer Protection Act. 2019 case has been taken up for decision on merit on the basis of materials available on record.

 

2. Complainant’s case in brief is that he was having Mediclaim policy of National Insurance Company Ltd. through Bank of India Bokaro Branch and he paid renewal premium to the bank on 30-10-2017 through cheque and subsequently the amount of cheque was debited from his account. Further case is that on 21^st  November complainant felt chest pain and had gone to RIMS Ranchi for Angiography for which he was admitted there. Further case is that the same was reported to the TPA through intimation no. 37304 on 22^nd November who attempted to submit Mediclaim form but could not succeed for want of Mediclaim policy number hence he repeatedly sent letters to the bank having no reply. Hence it is prayed to hear him and pass appropriate order.   

 

3. O.P. No.1 (Bank concerned) appeared and has filed W.S. mentioning therein that case is not mentainable in which prayer is vague and it is not disclosing cause of action. Further reply is that Bank of India has debited the amount Rs 7435/- from account of the complainant on 30-10-2017 and on this his responsibility and liability ends there, hence there after it was duty of the policy holder to get the insurance policy from the insurance company and this O.P. had discharged his duty by making a pay order in the name of Insurance company. therefore it is prayed to dismiss the case.

 

4. Point for consideration is whether complainant is entitled to get relief as claimed ?
5. On perusal of the papers annexed with the complaint petition it appears that the complainant has admitted the fact that he paid the amount on 30-10-2017  for renewal of insurance policy. Papers annexed with the complaint petition are Photo copy of  letter dated 08-01-2018 (Annexure-1), Photo copy of  letter dated 12-02-2018 (Annexure-2), Photo copy of  letter dated 15-03-2018 (Annexure-3) trio written by the complainant to the Branch Manager Bank of India. Annexure-4 is photo copy of one sheet related to passbook of bank  which is not disclosing that in whose name such account is standing. Other papers are photo copy of GST invoice dated 21-11-2017 for Rs. 4500/- and money receipt for Rs. 2000/-. Except it there is no any other evidence by the complainant.
6. On perusal of entire case record it appears that there is no any specific prayer by the complainant in this case. Complainant has not filed any paper related to previous insurance policy to show that he has paid money for renewal of the insurance policy. There is no any evidence to show that payment was made for renewal of the insurance policy. Further there is no evidence by the complainant that it was responsibility of the O.P. bank to transmit the amount to the insurance company.
7. However it is admitted by the O.P. No.1 in his W.S. that bank has received the cheque of Rs. 7435/- and debited the amount from account of the complainant but it was duty of the complainant to transmit it to the insurance company. In this way it is admitted fact that Rs. 7435/- of the complainant is lying with the bank concern since 30-10-2017 and it was the money of the complainant.
8. In light of above discussion we are of the view that complainant has not proved his case for grant of proper relief however on admission of the O.P. No.1 he is entitled to get back Rs. 7435/- with interest from O.P. No.1. Accordingly this point is being decided.
9. In light of above discussion prayer of the complainant is being allowed. Accordingly O.P.  No.1 (Branch Manager Bank of India  Sector-4, B.S.City, Bokaro) is directed to pay Rs. 7435/- with interest @ 10% P.A. from 30-10-2017 to the complainant within 60 (Sixty)days from receipt/ Production of the copy of this order.

 

(J.P.N. Pandey)

                                                                                      President

                                                                                               

 

 

                                                                               (Baby Kumari)

                                                 Member