Haryana

Ambala

CC/47/2022

Mr Anil Kumar - Complainant(s)

Versus

ICICI Prudential Life Inss. - Opp.Party(s)

20 Jun 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, AMBALA.

Complaint case no.	:	47  of 2022
Date of Institution	:	10.02.2022
Date of decision	:	20.06.2024

 

Anil Kumar age about 45 years son of Sh. Lachman Dass resident of Village Gaganpur Tehsil Barara Distt. Ambala

……. Complainant

Versus

1. ICICI Prudential Ltd. Life Insurance Tower-1089 Appasathe Marathe Marg, Prabhadevi Mumbai-400025.

 

2. ICICI Prudential Ltd. Life Insurance 1^st Floor, SCO 16, Sangeeta Complex, Prem Nagar, Ambala City.

 

3. Oriental Bank of Commerce now Punjab National Bank, Branch Court Road, Ambala City.

….….  Opposite Parties

Before:        Smt. Neena Sandhu, President.

                     Smt. Ruby Sharma, Member,

          Shri Vinod Kumar Sharma, Member.           

 

Present:-     Shri Suresh Bhola, Advocate, counsel for the complainant.                                                                                                                              Shri Sunil Sharma, Advocate, counsel for OP No.1 & 2.                                                                                                                                    Shri Bhanu Partap Singh, Advocate, counsel for OP No.3.

Order:        Smt. Neena Sandhu, President.

                   Complainant has filed this complaint under Section 35 of the Consumer Protection Act, 2019 (hereinafter referred to as ‘the Act’) against the Opposite Parties (hereinafter referred to as ‘OPs’) praying for issuance of following directions to them:-

1. To pay endowment amount of Rs.42,500/- alongwith interest @18% p.a. from 08.07.2019 onwards.
2. To pay a sum of Rs.1,50,000/- as compensation on account of mental agony and physical and deficiency in providing service
3. To pay Rs.35,000/- as litigation expenses.
4. Grant any other relief which this Hon'ble Commission may deems fit.

 

2.             Brief facts of the case are that the complainant had purchased a smart kid policy no.15700875 for his son namely Ashish Kumar valid for 12 years, which commenced on 8-7-2011 and matured on 8-7-2023. Annual premium of Rs.17907/- stood paid by him to OPs No.1 and 2. OPs No.1 and 2 assured the complainant that he will get following fixed term benefits payable on the policy anniversary:-

(i) 8-7-2019 25% of sum assured payable.

(ii)8-7-2020 20% of sum assured payable

(iii)8-7-2021 20% of sum assured payable

(iv) 8-7-2022 20% sum assured payable

(v)8-7-2023 20% of sum assured payable

3.           As per policy, the complainant was entitled to receive 25% sum assured payable i.e. endowment amount of Rs.42,500/-. Accordingly, he approached OPs No.1 and 2 and requested them to pay endowment amount of Rs. 42,500/-, but they always postponed the matter one pretext or other. As such, he served legal notice dated 16-62021 upon OPs No.1 and 2 which was duly received by them. Instead of paying endowment amount of Rs. 42,500/- to the complainant, OPs No.1 and 2 alleged that endowment amount of Rs. 42,500/- has already been paid to the complainant on 8-7-2019 through cheque bearing no. 358250 drawn on ICICI Bank and the said cheque has been encashed on 23-7-2019 in Oriental Bank of Commerce. Thereafter, the complainant immediately approached OPs No.1 & 2 and apprised them that he never received any cheque and further apprised them that he is maintaining his account in Central Bank of India and he is not maintaining any account in Oriental Bank of Commerce. So, the question of paid the endowment amount to the complainant does not arise at all. However, OPs No.1 and 2 did not listen the genuine request of the complainant and aggrieved from act and conduct of OPs No.1 and 2, the complainant sent a rejoinder to OPs No.1 and 2 on 21-10-2021. OPs No.1 and 2 duly received the rejoinder and they assured the complainant that they are looking into the matter and will revert to the complainant shortly. Thereafter, OPs No.1 and 2 sent another letter dated 26-11-2021 and asked the complainant to furnish a declaration stating the existence of all the bank accounts held by the complainant in any bank. The complainant had already furnished the declaration in the form of Affidavit. The complainant also approached OP No.3 but it did not entertain the genuine request of the complainant. The OPs have failed to discharge their duties and have committed deficiency in service.  Hence this complaint.
4.           Upon notice, OPs No.1 and 2 appeared and filed written version  wherein they took various objections to the effect that this complaint is false and frivolous and is liable to be dismissed on this ground alone; OPs  No.1 and 2  have been defrauded and hence the present complaint cannot be adjudicated under summary proceedings in view of the Hon'ble National Commission judgment- Vishamber Sunderdas Badlani vs Indian Bank I (2008) CPJ 76 NC;, therefore this complaint is  not maintainable before this Commission; the complainant has approached this  Commission with unclean hands etc. On merits, it has been stated that in the instant case a fraud has been committed against the OPs No.1 and 2 by a fraudster or gang of criminals who have misappropriated the amount sent by the company to the complainant. The complainant had purchased Smart Kid Policy for his son namely Ashish Kumar vide policy no. 15700875, wherein, on 08.07.2019 the complainant was entitled to receive a Fixed Term Benefit endowment amount of Rs. 42,500/-. Therefore on 10.07.2019, OPs No.1 and 2 issued and sent a cheque bearing no. 358250 dated 08.07.2019 towards Fixed Term Benefit amount of Rs. 42,500/- on the registered communication address provided by the complainant in the proposal form. However, OPs No.1 and 2 were later informed by the complainant that he did not receive the said amount. Therefore, OPs No.1 and 2 evaluated the complainant's matter and ensured to take appropriate legal actions against the third party offender/ fraudster. Thereafter, receiving necessary documents and clarity of facts, another letter dated 31.03.2022 was issued by OPs No.1 and 2 offering to pay the complainant the endowment amount of Rs.42,500/- and the same has been delivered to the complainant. However, OPs No.1 and 2 is not in receipt of the executed Advance Discharge Voucher required for reprocessing the cheque. OPs No.1 and 2 had followed the due procedure and thereafter, released the payment. OPs No.1 and 2 have not done anything in contravention to the terms and conditions of the subject Policy and, have tried multiple times to pay the Fixed benefit payable under the subject policy to the complainant. OPs No.1 and 2 are ready to process a new cheque for an amount of Rs.42,500/- even as on date.  Rest of the averments of the complainant were denied by OPs No.1 and 2 and prayed for dismissal of the present complaint with costs.
5.           Upon notice, OP No.3 appeared and filed written version  wherein it took various objections to the effect that this complaint is not maintainable; the complainant has locus standi to file this complaint against OP No.3; the complaint is bad for mis-joinder of parties; there is no relationship of OP No.3 and the complainant; the complainant did not come in this Commission with clean hands and has concealed true and material facts etc. On merits, it has been stated that nothing has been mentioned in the complaint, as to in which account number the alleged transaction was credited and mere mentioning the name is not sufficient to trace the transaction as to whether it took place or not. The entire complaint is also silent about as to in which Branch of the Oriental Bank of Commerce the transaction in question is related to and in the absence of the information i.e. Account Number, PAN Number of Account Holder, the transaction in question could not be tracked. The Oriental Bank of Commerce have more than three branches which all are Located in the Ambala City. Neither there is any liability of OP No.3 in the matter nor there is any error or mistake on the part of OP No.3. Rest of the averments of the complainant were denied by OP No.3 and prayed for dismissal of the present complaint with cost.
6.           Learned counsel for the complainant tendered affidavit of the complainant as Annexure CW1/A alongwith documents as Annexure C-1 to C-8 and closed the evidence on behalf of the complainant. Learned counsel for OPs No.1 and 2 tendered affidavit of Umang Kapoor, Manager Legal and Authorized Representative of OPs No.1 and 2 i.e ICICI Prudential Life Insurance Company Limited, Unit No.1A & 2A, Raheja Ripco Plaza, Rani Sati Marg, Malad (East) Mumbai-400 097 as Annexure OP-1/A alongwith documents as Annexures R-1 to R-10 and closed the evidence on behalf of OPs No.1 and 2. Learned counsel for OP No.3 tendered affidavit of Kamal Goel, Manager/Authorized Signatory, of OP No.3-Punjab National Bank, Court Road Ambala City as Annexure OPW3/A and closed the evidence on behalf of OP No.3.
7.           We have heard the learned counsel for the parties and have also carefully gone through the case file.
8.           Learned counsel for the complainant submitted that by not crediting the endowment amount of Rs.42,500/- despite the fact that OPs No.1 and 2  were legally bound to do so, they  have indulged into unfair trade practice and are also deficient in providing service. He further submitted that the complainant has unnecessarily been dragged into this litigation.
9.           On the other hand, learned counsel for OPs No.1 and 2 submitted that on 10.07.2019, OPs  No.1 and 2 issued and sent a cheque bearing no. 358250 dated 08.07.2019 towards Fixed Term Benefit amount of Rs.42,500/- on the registered communication address provided by the complainant in the proposal form. He further submitted that the OPs No.1 and 2 were later informed by the complainant that he did not receive the said amount and as such they evaluated the complainant's matter and ensured to take appropriate legal actions against the third party offender/ fraudster. He further submitted that thereafter letter dated 31.03.2022 was issued by OPs  No.1 and 2 offering to pay the complainant the endowment amount of Rs.42,500/- but OPs  No.1 and 2 is not in receipt of the executed Advance Discharge Voucher required for reprocessing the cheque. He further submitted that the OPs No.1 and 2 are ready to process a new cheque for an amount of Rs. 42,500/- even as on date.
10.           Learned counsel for OP No.3 submitted that nothing has been mentioned in the complaint, as to in which account number the alleged transaction was credited and mere mentioning the name is not sufficient to trace the transaction as to whether it took place or not. He further submitted that the entire complaint is also silent about as to in which Branch of the Oriental Bank of Commerce the transaction in question is related to and in the absence of the information i.e. Account Number, PAN Number of Account Holder, the transaction in question could not be tracked. He further submitted that the Oriental Bank of Commerce have more than three branches which all are Located in the Ambala City. He further submitted that the neither there is any liability of OP No.3 in the matter nor there is any error or mistake on the part of OP No.3.
11.           From the contentions raised by respective learned counsel for the parties and from the perusal of record, it is coming out that it is a case wherein, OPs No.1 and 2 have wrongly credited the endowment amount of Rs.42,500/- in the account of some other person of same name i.e. Anil Kumar (name of complainant is also Anil Kumar) by way of cheque no.358250 dated 08.07.2019 and that too in the wrong Bank i.e. Oriental Bank of Commerce, whereas, on the other hand, the said amount should have been paid to the complainant-Anil Kumar, in his correct account no.1984141478 maintained in the Central Bank of India. However, it has been candidly admitted by OPs No.1 and 2 that some fraudster/third party offender has misappropriated the amount in question. It has also been candidly admitted by OPs No.1 and 2 that the complainant-Anil Kumar was entitled to term benefit endowment amount of Rs.42,500/- under the policy in question and that they are ready to process a new cheque for an amount of Rs.42,500/- even as on date. Thus, it has been established that on account of negligent act of the officials of OPs No.1 and 2, the said amount stood wrongly paid to some other person instead of complainant. Vide letter dated 26.11.2024, Annexure R-10, the OPs requested the complainant to provide statement of oriental bank of commerce; declaration from oriental bank of commerce on their letter head with sign and seal stating that the disputed amount has not been credited in his account etc. It is significant to mention here that the OPs No.1 and 2 have failed to convince this Commission as to why, for the negligent act and conduct of OPs No.1 and 2, the complainant can be made scapegoat and why he should be asked to provide aforesaid documents, being third party for OP No.3/Oriental Bank of Commerce (now PNB).  By not making payment of the said amount of term benefit endowment amount of Rs.42,500/- under the policy in question, after expiry of period thereof, to the complainant, the OPs No.1 and 2 are deficient in providing service. It is therefore held that OPs No.1 and 2 are liable to make payment of term benefit endowment amount of Rs.42,500/- under the policy in question to the complainant alongwith interest and compensation etc.
12.           Because no deficiency in service or negligence has been found on the part of OP No.3 therefore complaint filed by the complainant against OP No.3 is liable to be dismissed.
13.           In view of the aforesaid discussion, we hereby dismiss the present complaint against OP No.3 and allow the same against OPs No.1 and 2 and direct them, in the following manner:-  
    1. To pay the term benefit endowment amount of Rs.42,500/- under the policy in question to the complainant alongwith interest @6% p.a. from 08.07.2019 i.e the date when the complainant was entitled to receive the Fixed Term Benefit endowment amount, onwards
    2. To pay Rs.5,000/- as compensation for the mental agony and physical harassment suffered by the complainant.
    3. To pay Rs.3,000/- as litigation expenses.

 

The OPs No.1 and 2 are further directed to comply with the aforesaid directions within the period of 45 days, from the date of receipt of the certified copy of the order, failing which the OPs No.1 and 2 shall pay interest @8% per annum on the awarded amount, from the date of default, till realization. Certified copy of this order be supplied to the parties concerned, forthwith, free of cost as permissible under Rules. File be indexed and consigned to the Record Room.  

Announced:- 20.06.2024.

 

(Vinod Kumar Sharma)	(Ruby Sharma)	(Neena Sandhu)
Member	Member	President