The instant case was instituted on the basis of a written complaint filed by one Smt. Renu Jain, W/O. Pramode Kumar Jain, of Lalparipara, North Baluchar, P.O. Malda P.S. English Bazar, Dist. Malda (W.B.) PIN- 732 101. u/s. 12 of the Consumer Protection Act, 1986 which was registered before this Forum as Consumer Case No. 46/2019.
The fact of the petitioner purchased one insurance policy from the Oriental Insurance Company Ltd. being Policy No. 313102/48/2019/297 which was executed at Burdwan Branch but the payment made through a cheque of Punjab National Bank, Malda Branch bearing No. 064115 dt. 26/04/2018 which took active part to purchase the said policy for which the same was issued from Burdwan. But at the time of issuance of cheque the amount was erroneously written by the complainant as Rs.14115/- (Rupees Fourteen Thousand One Hundred Fifteen Only) in place of Rs.10,230/- (Rupees Ten Thousand Two Hundred Thirty Only) as per information gathered from the Insurance Company by the complainant. There was excess payment of Rs. 3,885/- (Rupees Three Thousand Eight Hundred Eighty Five Only) for which the complainant sent a letter to the Branch Manager, Oriental Insurance Company on 10/12/2018 for refunding the same amount but the Insurance Company remains indifferent and not refunded the excess amount. The complainant finding no other alternative come to this Forum for filing a case praying for refund the amount of Rs.3,885/- (Rupees Three Thousand Eight Hundred Eighty Five Only) and Rs.12,000/-(Rupees Twelve Thousand Only) for harassment and mental agony.
The O.P. No.1 did not appear after receiving summons so the case has been heard ex parte against him.
The O.P. Nos. 2 and 3 contested the case by filing written version contending inter alia that case is not maintainable and is barred by Law of Limitations as well as mandatory provision of C.P. Act, 1986 and also the case is barred by defect of necessary parties.
The further defense case is that the O.Ps have already settled the matter by refunding the excess amount of Rs. 3,885/- (Rupees Three Thousand Eight Hundred Eighty Five Only) to the complainant through her bank account. So there is no deficiency of service on their part and dismissal of the case has been prayed for with cost as the complainant has suppressed the settlement of claim in his petition of complaint.
In order to prove the case the complainant Renu Jain was examined herself as P.W.-1 and cross-examined. On the other hand no other witness was examined on behalf of the O.Ps.
Now the point for consideration: Whether the complainant is entitled to get any relief as prayed for ?
::DECISION WITH REASONS::
At the time of argument the Ld.Lawyer of the O.P. argued that the policy in question was issued from Oriental Insurance Company Burdwan Branch but the instant case has been filed before this Forum at Malda. According to the argument as advanced by Ld.Lawyer of the
O.P. is that the Forum has got no jurisdiction to try the case. The cause of action in this case arises as soon as the policy was issued. Mere payment of cheque through Punjab National Bank, Malda Branch is not the cause of action. Here the cause of action is for issuing the policy. On perusal of the record it is found that the policy was issued from Burdwan Branch.
On the other hand the complainant argued that the O.P. Insurance Company has a branch office at Malda. So according to the Provision of the C.P. Act, 1986 if the O.Ps have any branch office where he carries his business the jurisdiction can be entertained. But in view of the judgment of the Hon’ble Supreme Court decided in Civil Appeal No. 1560 of 2004 (Sonic Surgical Vs. National Insurance Co.) wherein the Hon’ble Supreme Court held that the Branch Office of Oriental Insurance Co. will not bring the jurisdiction of this Forum. So in view of the case law this Forum has got no jurisdiction to try the case. Moreover, the complainant has not filed any document to show whether the amount of Rs. 14,115/- (Rupees Fourteen Thousand One Hundred Fifteen Only) was written in the cheque as per instruction of the Insurance Company.
So on considering such facts and circumstances the instant case is liable to be dismissed without any cost.
C.F. paid is correct.
Hence, ordered that
So the case be and the same is dismissed on contest without any cost.
Let a copy of this judgment be given to the Complainant/O.P. free of cost on proper application.
