In  the  Court  of  the

Consumer Disputes Redressal Forum, Unit -I, Kolkata,

8B, Nelie Sengupta Sarani, Kolkata-700087.

CDF/Unit-I/Case No. 231/2010

1)                   Sri Debashis Kundu,

‘Torsha’, 47/J, Moor5e Avenue, 1^st Floor,

Tollygunge, Kolkata-40, P.S. Regent Park.                                              ---------- Complainant

---Versus---

1)                   ICICI Prudential Life Insurance Co. Ltd.

Regd. Office at ICICI Pru Life Towers,1089, Appasaheb Marathe Marg,

Prabhadevi, Mumbai-400025 and

Branch  Office at The Millennium, 1^st Floor,

235/2A, AJC Bose Road, Kolkata-20,P.S. Shakespeare Sarani.

2)       The Branch Manager,

United Bank of India, High Court Branch,

9, Old Post Office Street, Kolkata-1.                                                         ---------- Opposite Parties

Present :           Sri Sankar Nath Das, President.

                        Dr. Subir Kumar Chaudhuri, Member

                        Smt. Sharmi Basu, Member

Order No.   13    Dated 20/12/2012.

Sharmi Basu, Member.

            The petition of complaint has been filed by the complainant against the o.ps. The case of the complainant in short is that in the year of 2004 complainant has obtained a policy from o.p. no.1 being policy no.00954889 viz. ‘Lifetime UL6’. Premium of that policy was @ Rs.2500/- per month for the period of 36 months and sum assured was Rs.,1,50,000/- and premium was paid through ECS from the account of complainant at the bank of o.p. no.2. Complainant was declared defaulter by o.p. no.1 for non payment of ECS for the month of January, 2007 on the ground that the same was dishonoured due to insufficient of fund and complainant was debarred from making payment of subsequent two months premium for the month of February 2007 and March 2007 being the 35^th and 36^th instalment. After repeated requests o.p. no.1 did not regularize the matter. Hence the case was filed by complainant with the prayer contained in the petition of complaint.

            O.p.  no.1 had entered its appearance in this case by filing w/v and denied all the material allegations labeled against it and prayed for dismissal of the case. O.p. no.2 did not contest the case by filing w/v and matter was heard ex parte against o.p. no.2. Ld. lawyer of o.p. no.1 in the course of argument vehemently opposed against the case of the complainant and interalia has stated that they have did not have any deficiency  in rendering service towards the complainant.

Decision with reasons:-

            We have gone through the pleadings of the parties, evidence and documents in particular and we find from the photocopy of passbook of complainant that a sum of Rs.2500/- was debited from his S.B A/C towards the premium for the month of January 2007 on 19.1.07, but ld. lawyer of o.p. no.1 submitted that the said sum did not get clearance. It is crystal clear from the photocopy of the passbook of the complainant that a sum of Rs.2500/- was debited towards making payment of premium for the month of January 2007 from his S.B. A/C and as such, we hold that complainant cannot be construed as a defaulter in the making payment for the month of January 2007 and subsequently complainant was debarred from making payment of premium of the aforesaid policy for the month of February 2007 and March 2007 and in that event complainant did not have any lapse on his part.

            In view of the findings above and on perusal of the entire materials on record we find and hold that o.p. no.1 had deficiency in service being service provider to its consumer / complainant and complainant is entitled to relief.

            Hence, ordered,

            That the case is allowed on contest with cost against o.p. no.1 and ex parte without cost against o.p. no.2. O.p. no.1 is directed to pay a sum of Rs.1,45,000/- (Rupees one lakh forty five thousand) only [Rs.1,50,000 – Rs.5000 (being the premium amount for Rs.2500/- each per month for the month of Feb 2007 and March 2007) along with  interest @ 9% p.a. from the date of maturity of the policy till realization and is further directed to pay compensation of Rs.10,000/- (Rupees ten thousand) only for harassment and mental agony and litigation cost of Rs.5000/- (Rupees five thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 9% shall accrue over the entire sum due to the credit of the complainant till full realization.

            Supply certified copy of this order to the parties free of cost.