Jharkhand

Bokaro

CC/18/83

Ram Babu Sharma - Complainant(s)

Versus

Branch Manager, Indian Bank - Opp.Party(s)

10 Jun 2019

ORDER

Complainant Ram Babu Sharma filed this claim for Rs. 1,50,000/- as compensation for mental harassment and litigation cost of Rs. 10,000/-

2          The case of the complainant is that he has a saving bank account in the O.P. Indian Bank. It is claimed that bank is doing business of medical Insurance of United India Insurance Company Limited of “Arogya Raksha Policy”. Complainant is a regular customer of the policy which is renewed each year through Bank.

            On 03-06-2017 Complainant has deposited a cheque of Rs. 2484/- of his S.B. A/c of O.P. Bank as premium for renewal of the Arogya Raksha Policy for the year July 2017 to June 2018 after filling due form and bank issued acknowledgment receipt. But bank did not issue policy for the whole year.

            On 05-06-2018, Complainant again went to bank for renewal of the Arogya Raksha Policy from July 2018 to June 2019 along with premium fee and orally complained for non receipt of the previous policy of the year July 2017 to June 2018 and bank assured to check it and policy would be issued. On 08-06-2018 the complainant got the information that previous policy was not renewed and it is claimed that without his permission new policy for the year 2018-19 was issued.  In this way, bank overlooked in dispensation of its duty which caused non- renewal of the policy for the year 2017-18 which caused disadvantage to the complainant due to deficiency in service. Hence this case is filed.

            A legal notice was issued on 23-06-2018 but O.P. did not replied.

3          Complainant filed following documents:-

            Anx-1- Copy of receipt acknowledgement dt. 05-06-2018 for

Rs. 2536/-

            Anx-1/1- Copy of receipt acknowledgement dt. 03-06-2017 for

Rs. 2484/-

            Anx-1/2- Copy of receipt acknowledgement dt. 30-05-2016 for

Rs. 2058/-

            Anx-2- Copy of legal notice dt. 22-06-2018 to O.P.

            Anx-3- Copy of UIIC  policy 01-06-2016 to 31-05-2017

            Anx-3/1- Copy of UIIC Policy 01-06-2015 to 31-05-2016

4          O.P. India Bank appeared and filed written statement. It is stated that this case is not maintainable as there is no cause of action. It is submitted that the Health Insurance Policy is issued by United India Insurance Company and record is maintained by UIIC.

            It is admitted that Complainant has an S.B. A/C in its bank. It is submitted that Complainant issued cheque of Rs. 2491/- for premium of Arogya Raksha Policy for period 2017-18 but it  was not required amount of Rs. 2484/-. A Mup is intimated to the Complainant informing him about the required for the policy which complainant did not return with signature. Complainant was called on phone but he did not come to the bank to replace the cheque with fresh one.

            It is submitted that the policy is issued directly by UIIC to the policy holder. The bank is not liable for issue of policy. In the present Case, the Complainant neither informed the UIIC nor the bank during the whole year that he did not have received the Health policy card.

            Complainant visited the bank in the month of June 2018 to renew his policy and put blame on the bank about his lapsed. It is submitted that the average balance in his account was just to meet the amount required for the policy. The Complainant was fully aware of the fact cheque was not debited and the policy was not renewed. So, there is no deficiency on the part of O.P. and there is no merit in the case and liable to be dismissed.

FINDINGS

5          We perused the record and it appears that having account in the bank, Complainant is a consumer of the O.P. Bank.

            As Regards dispute is concerned it appears that O.P. Bank is only agent of United India Insurance Company issuing policy for Arogya Raksha Policy on yearly basis.

            It is claimed by the Complainant that O.P. bank had not issued policy for the year 20-07-2018 inspite of deposit of premium. Bank has submitted that the cheque was issued of Rs. 2491/- instead of Rs. 2484/- which was just the amount to meet the required amount.

6          The UIIC, the Insurance Company, is the necessary party in this case because the policy is issued by Insurance Company without necessary party the case does not appear to be maintainable.

7          Hence, we agreed that case is not maintainable in the absence of necessary party. Accordingly, this case is dismissed with liberty to file a fresh complainant, if so desires within three month from the order.