IN THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, MURSHIDABAD AT BERHAMPORE.

CASE No.  CC/118/2021

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

  29.12.2021                                                                    13.01.2022                                                      07.06.2023

Complainant:Ashim Kumar Mondal

                                Vill- Pakuria

                                P.O.- Chaltia

                                P.S- Berhampore

                                Dist- Murshidabad

                                Pin-742165         

                                                                -Vs-

Opposite Party Branch Manager,

                         Oriental Bank of Commerce

                        Berhampore Branch

                         26 Netaji Road

                        P.O. Berhampore

                         P.S. Berhampore,

                         District- murshidabad

                         Pin-742101

Agent/Advocate for the Complainant                        :           Subhanjan Sengupta

Agent/Advocate for the O.P.                                      :           None

Present:  Sri Ajay Kumar Das…………………………..........President.

                 Smt. Aloka Bandyopadhyay……………………..Member.

    Sri. Nityananda Roy…………………………………….Member.

FINAL ORDER

SMT. ALOKA BANDYOPADHYAY, MEMBER

This is a complaint under section 12 of the CP Act, 1986.

One Ashim Kumar Mondal (here in after referred to as the Complainant) filed the case against BranchManager, Oriental Bank of Commerce, Berhampore Branch(here in after referred to as the O.P.) praying for compensation alleging deficiency in service.

 The sum and substance of the complaint case is as follows:-

The Complainant had OBC Oriental Mediclaim Policy bearing Policy No. 313400/48/2020/1064 issued by the O.P. for a period of 09.08.2019 to 08.08.2020. On 15.01.2021 the O.P. informed the Complainant that they had deposited Rs. 10356/- to the Oriental Insurance Co. Ltd through reference no. R/313400/48/2020/2521 dated 06.08.2020 for renewal of his policy. But till date no renewal policy certificate had been supplied to this Complainant. The Complainant went to the office of the O.P. for many times but the O.P. had not paid any heed and denied to provide any relief to this Complainant. Finding no other alternative the Complainant filed the instant case alleging deficiency of service on the part of O.P. and prayed for appropriate relief.

Defence Case

After due service of the notice the O.P. appeared but did not file Written Version to controvert the plea of the Complainant. So, the case proceeded ex-parte against the O.P. vide Order No. 6 dated 07.12.2022.

Points for decision

1. Is the Complainant a consumer under the provision of the CP Act, 1986?

2. Has the OP any deficiency in service, as alleged?

3. Is the Complainant entitled to get any relief, as prayed for?

Decision with Reasons:

Point no.1

We peruse the complaint. The averments made in the complaint indicate that the Complainant is a consumer under the Consumer Protection Act, 1986 as well as Consumer Protection Act, 2019.

Point Nos. 2 & 3

Both these points are taken up together for the sake of convenience and brevity of discussion.

Undoubtedly, the Complainant obtained the OBC Oriental Mediclaim policy being no. 313400/48/2020/1064 (Prev. Policy No. 313400/48/2019/1126) for a period 09.08.2019 to midnight 08.08.2020. It is evident from the document filed by the Complainant that on 06.08.2020 the Oriental Bank of Commerce (O.P.) had debited an amount of Rs.10356/- from the savings account of the Complainant showing reference no. R/313400. The Complainant made several correspondences with the Oriental Insurance Co. Ltd but till date he had not received any policy certificate.

After due service of the notice the O.P. appeared but did not file Written Version to controvert the plea of the Complainant for the reason best known to him. So, the case proceeded ex-parte against the O.P. vide Order No. 6 dated 07.12.2022.

Considering the facts and circumstances of the case and the documents filed before us and the argument advanced by the Ld. Advocate for the Complainant we are of the view that the O.P. had not provided anyrenewed policy certificate though the sum of Rs. 10356/- has been debited from the savings account of the Complainant. So, in our considered view here lies the deficiency of service on part of the O.P. So, the Complainant should get renewed policy certificate along with litigation cost.

Reasons for delay

The Case was filed on 29.12.2021 and admitted on 13.01.2022. This Commission tried its level best to dispose of the case as expeditiously as possible in terms of the provision under section 13(3A) of the CP Act, 1986. Delay in disposal of the case has also been explained in the day to day orders.

In the result, the Consumer case is allowed.        

Fees paid are correct. Hence, it is

Ordered

that the complaint Case No. CC/118/2021 be and the same is allowed ex-parte against the O.P.with litigation cost of Rs. 1000/-.

The O.P. is directed to issue renewed policy certificate having reference no. R/313400/48/2020/2521 to the Complainant.

All the aforesaid order must be complied within 30 days from the passing of the date of this order.

Let plain copy of this order be supplied free of cost, to each of the parties / Ld. Advocate/Agent on record, by hand  /by post under proper acknowledgment  as per rules, for information and necessary action.

The Final Order will also be available in the following Website:

confonet.nic.in

Dictated & corrected by me.

Member

Member                                              Member                                                         President.