C.F. CASE No. : CC/11/76
COMPLAINANT : Sunita Dutta,
W/o Monindra Nath Dutta
of Barajerpara, Adharpota,
P.O. & P.S. Karimpur,
Dist. Nadia
OPPOSITE PARTIES/OPs: 1) Branch Manager,
United Bank of India,
Karimpur Branch,
of vill. & P.O. Karimpur,
Dist. Nadia
- Branch Manager,
The New India Assurance Co. Ltd.
Berhampore Branch,
37/A, R.N. Tagore Road,
P.O. & P.S. Berhampore,
Dist. Murshidabad, Pin – 742103
PRESENT : SHRI KANAILAL CHAKRABORTY PRESIDENT
: SHRI SHYAMLAL SUKUL MEMBER
: SMT REETA ROYCHAUDHURY MALAKAR MEMBER
DATE OF DELIVERY
OF JUDGMENT : 05th October, 2012
: J U D G M E N T :
In brief, the case of the complainant is that she is the owner of the commercial vehicle bearing No. WB-23/4213 which is used for her livelihood. It is her further case that the vehicle was insured with the OP No. 2 at its Berhampore Branch and annual premium was fixed at Rs. 9,517/- and the policy was valid up to 25.02.11. She also submits that she has SB A/C jointly with her husband Monindra Nath Dutta at United Bank of India, Karimpur Branch vide A/C No. 14619. On 25.02.11 she issued a cheque amounting to Rs. 9,517/- drawn in the name of the OP No. 2, Insurance Co. for payment of insurance premium to renew the policy of the vehicle. The OP No. 2 presented the cheque before his banker, Bank of India, Berhampore Branch on 01.03.11 for encashment which was returned with the endorsement, “Fund insufficient” by the OP No. 1, UBI, Karimpur Branch. As a result of this the OP No. 2 cancelled the insurance policy as the premium was not paid within due date. The complainant has also submitted that at that time there was an amount of Rs. 28,442/- in her account though the OP No. 2 dishonoured the cheque. She also submits that in the mean time the vehicle met an accident on 28.02.11 and the complainant spent Rs. 1,50,000/- for repair the vehicle. Due to negligent act of the OP No. 1 the complainant suffered a lot. So having no other alternative this case is filed praying for the reliefs as stated in the petition of complaint.
The OP No. 1, UBI, Karimpur Branch has filed a written version in this case, inter alia, stating that the case is not maintainable in its present form. He also submits that the complainant has a savings account with this OP. But the alleged cheque amounting to Rs. 9,517/- dtd. 25.02.11 issued by the complainant in the name of the OP No. 2 was not presented before this bank. Rather OP No. 2 presented the said cheque before his banker, Bank of India, Berhampore Branch. So no question of dishonouring the cheque by this OP does arise. Bank of India, Berhampore Branch sent the cheque for clearance before the UBI, Berhampore Branch who can also explain the reason of dishonouring the cheque dtd. 25.02.11, but he is not a party in this case. So the complainant has no cause of action against him and the case is liable to be dismissed also.
OP No. 2, New India Assurance Co. Ltd. has filed a separate written version in this case, inter alia, denying all the statements made by the complainant in his petition of complaint. It is his specific contention that the insurance policy was cancelled by him as he did not get the requisite premium form the complainant as his cheque was dishonoured with the remark “insufficient fund”. So he has no negligence in this case and the complainant has no claim against him. Hence, the case is liable to be dismissed against him.
POINTS FOR DECISION
Point No.1: Has the complainant any cause of action to file this case against the OPs?
Point No.2: Is the complainant entitled to get a decree 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.
On a careful perusal of the petition of complaint and the written versions filed by the OPs along with the annexed documents filed by the parties and also after hearing the arguments advanced by the ld. lawyers for the parties it is available on record that this complainant is the owner of the vehicle bearing No. WB-23/4213 which was insured with the OP No. 2, New India Assurance Co. Ltd., Berhampore Branch. From the document it is available that this complainant sent a premium amount of Rs. 9,517/- by a cheque dtd. 25.02.11 in favour of the OP No. 2 from her savings account bearing No. 14619 with UBI Karimpur Branch, i.e., the OP No. 1. Admittedly the OP No. 2 sent a cheque for encashment to his banker, Bank of India, Berhampore Branch who also sent it to United Bank of India, Berhampore Branch for clearance along with another cheque of the complainant. It is also available from the documents that United Bank of India, Berhampore Branch dishonoured the cheque on the ground of insufficient fund though the cheque was not at all issued on that branch of UBI, rather it was issued on UBI, Karimpur Branch. Ld. lawyer for the OP No. 1 has frankly submitted that at the relevant time the complainant had sufficient fund in her savings account of Karimpur Branch.
On a careful perusal of a documents on record and after hearing arguments on both sides it is clear to us that the complainant issued the cheque in favour of OP No. 2 on 25.02.11 when she had sufficient fund in her savings bank account at Karimpur Branch. The cheque was duly received by the OP No. 2 and presented to his banker, Bank of India, Berhampore Branch who in turn sent the cheque to UBI, Berhampore Branch for clearance. It is established that the United Bank of India, Berhampore Branch dishonoured the cheque on the ground insufficient fund though it was not issued on that bank. Rather it was issued with the UBI, Karimpur Branch in which account the complainant has sufficient fund. It is established that due to inadvertence of United Bank of India, Berhampore Branch the cheque was dishonoured by him though he had no power to dishonour it. Complainant suffered a lot due to this wrong activity of the United Bank of India, Berhampore Branch who is not a party in this case.
In view of the above discussions our considered view is that there is no fault on the part of the OP No. 1 as the cheque was not sent to him for encashment and it was not dishonoured by him also. The OP No. 2 cancelled the policy as the premium amount was not paid to him in due time. But we find that the premium was deposited to the OP No. 2 by a cheque which was dishonoured by the UBI, Berhampore Branch who had no authority to dishonour it. However, for the ends of justice the OP No. 2 should renew the policy of the complainant after getting due amount of premium upto date. Thus, the case succeeds in part.
Hence,
Ordered,
That the case, CC/11/76 be and the same is decreed on contest against the OP No. 1 in part and against the OP No. 2 without any cost. The OP No. 2 is directed to renew the insurance policy of the vehicle of the complainant after receiving all the due premium amount upto date within one month since the date of receipt of the premium amount. As there is no latches of the OP No. 1, so the complainant is not entitled to get any relief against him and accordingly no order is passed against him.
Let a copy of this judgment be delivered to the parties free of cost.
