West Bengal

Paschim Midnapore

CC/40/2015

Mr. Netai Maiti - Complainant(s)

Versus

Kotak Life Insurance Co.Ltd - Opp.Party(s)

Mr. S. Panda.

06 Dec 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

PASCHIM MEDINIPUR.

                             

Bibekananda Pramanik, President,

Mrs. Debi Sengupta, Member

and

Kapot Kumar Chattopadhyay

   

Complaint Case No.40/2015

                                                        

                                                                                  Mr. Netai Maiti, S/o-Ajit Maiti,

     Vill & P.O.-Panchgechhia,  P.S.-Daspur,

                       Dist-Paschim Medinipur…..….………Complainant

Versus

                                1)Kotak Life Insurance Co. Ltd., represented by Manager,

                                                                                  Appejay House, 7^th Floor, Block-C, 15-Park Street,

                                                                                 Kolkata-700016;

       2) Golden Trust Financial Service Ltd., Ghatal Branch,

                                P.O. & P.S.-Ghatal, Dist-Paschim Medinipur..…Opposite. Parties.

 

 For the Complainant:  Mr. Somasish Panda,  Advocate.

 For the O.P.              :  Mr. Swapan Bhattacharya(Op. no.2),  Advocate.     

 

Decided on: -06 /12/2016

                                

ORDER

                Mrs. Debi Sengupta, Member – The Complainant’s case in brief is that the complainant took a policy being no.013000819 and the OP issued a policy certificate and policy bond in favour of the complainant but due to financial stringency  the complainant  failed to continue the policy and decided to surrender the same before  the O.P. No.1’s corporate agent of O.P. No.2 at its Ghatal office and submitted policy bond paper surrender Form and payout request Form and the concerned officials said to the complainant to wait for some days for assessment of surrender value of the policy and thereafter  the cheque would be issued in favour of the complainant. After waiting more

Contd………..P/2

                                          

( 2 )

than 15 days the complainant went to the office of the O.P No.-2 i.e. Golden Trust Financial Service Ltd. office to enquire about the payment of his surrendered policy. The official of Golden Trust Financial Service Ltd. returned the policy bond to the complainant by saying that the company already sent the cheque bearing no.568925 dated 26/12/2013 in the name of the complainant which was encashed in account no.30327291417, State Bank of India, Ghatal branch on 18/01/2014. The complainant become very much astonished and he could not believe  and on search the complainant came to know that  there is another Nemai Maiti S/o-Ramkrishna Maity  who resides in the same village of the complainant whom the aforesaid cheque delivered through postman and the said Netai Maity, encashed the same in his above mentioned account. The complainant states that he has no bank account in State Bank of India, Ghatal branch. The complainant further disputed that the O.P. No.1 without verification of the identity of their customers and having the original policy bond and certificate with affixed photograph have delivered the cheque to another person whose father’s name is otherwise but not Asit Maiti. The complainant further states that as the original policy documents is in the and of the complainant and the original policy document in the vital documents for identification of customers and there can not be payment of surrender value of the policy to any third name and hereby the complainant has been deprived from getting surrender value of this policy. The complainant states that due to latches on the part of theO.P. he has been deprived from getting surrender value of the policy and  there is deficiency on the part of the O.Ps. because the O.P. did not takes any step as regards the grievance of the complainant. As there is deficiency on the part of the O.P., the complainant has compelled to file this case before the Forum with a prayer to direct the O.P. No.1 to make payment of surrenders value of the complainant’s insurance policy and also prays for litigation cost of Rs.5,000/- and 10,000/- for  mental pain and agony.

O.Ps. contested the case by filing written objection. O.P. no.1 stated and disputed that the case is not maintainable before the Hon’ble Forum as the complainant has raised some complicated issues of fraud without any documentary proof and also states that such serious type of allegation require a proper trial by a civil/criminal which is not possible in a summary trial and prays for dismissal of the complaint case on this ground. O.P. No.1 further submits that on receipt of the surrender request the same was duly processed with bonafide in limitation.  The cheque of Rs.33,933.05/- despatched at the address provided by the complainant in the proposal form. Thus the O.P. has discharged   their liability O.P. also states that after payment of surrendered amount nothing is

Contd………..P/3

                                   

                                        ( 3 )

payable and prayed that on this ground the complain case should be dismissed. It is further stated by the O.P. No.1 that the person whom the complainant has referred to

encashed the said cheque has not been impleded by the complainant. Thus the present complainant is bad in law for non-joinder of necessary party  and the complainant case deserves to be dismissed.

                     O.P. No.2 appears before the Ld. Forum by filing vokalatnama along with written statement where the Ld. Lawyer for the O.P. No.2 submits and states that the O.P. No.2 Golden Trust Financial Services Ltd. have got no connection nor in any manner related to the subject matter of the dispute mentioned in the petition enclosed with the notice dated 07/7/2015 and prays before the Forum to delete the name of the O.P. No.2 G.F. F.S. to the above Complaint Case No.40/15

                                                      

Points for decisions :-

1)Whether there is deficiency of service ?

2)Is the complainant entitled to the relief’s as prayed for

                                               

Decisions with reasons

Issues no. 1 & 2.

                     All the issues are taken up to getting for discussions as those are  interlinked to each other for the purpose of arriving at a correct decision in the dispute. Here the main prayer of the complainant is that to direct the O.P No.1. to make payment of surrendered value of the complainant Insurance policy being no. 013000819 alongwith a litigation cost and cost of harassment mental pain and agony of the proceedings. Regarding the allegation of the complainant that the complainant took a policy being no.013000819 and the O.P. No.1 issued policy certificate and policy bond in favour of the complainant  and due to stringency the complainant decided to surrender the same before the concerned office.  The complainant accordingly the O.P. sent a cheque bearing no.568925dated 26/12/2013 which was encashed in account no.30327291417 of S.B. I., Ghatal branch on 18/01/2014. The complainants are states that one Netai Maity S/o-Ramkrishna Maity received the cheque through postman. The complainant states and argued that without verification of the identity of the customer and inspite of verification of policy certificate and policy bond with affixed photograph have delivered the cheque to another person whose fathers name is otherwise, not Ajit Maity and there by the complainant has been deprived from getting surrender value of policy. Having original policy documents the O.P. No.1 failed to provide service by way of payment surrender

 

Contd………..P/4

                                   

                                        ( 4 )

value of the policy.  It is completely a negligent on part of the O.P. No.1 and amounts to deficiency in service under  C.P.Act. It is seen in the record that O.P. No.1 did not appear at the time argument and no steps taken on his behalf and on ex-parte order has been passed against the O.P. No.1. In the written statement O.P. No.1 states that O.P. No.1 has discharged their liability with respect to subject policy and after payment of surrenders amount nothing is payable and prayed for dismissal of the case filed   by the complainant.

               O.P. No.2 argued that the O.P. No.2 Golden Trust Financial Service Ltd. have no connection and nor any manner related to the  subject matter and prayed for delete their  name from DCF Case no.40/2015. The complainant has also no claim against the O.P. No.2. That today the Complainant files some document by firisty.

               In view of the above facts and circumstances we carefully consider the case of the parties. In support of payment O.P. No.1 has failed to produce the necessary documents in his case. When the Ld. Forum  pleased to pass an order for producing the bank details from the O.P. No.1., O.P. No.1 takes adjournment for several times. But finally they did not produce necessary documents as they have pleaded. So we find deficiency of service on the part of the O.P. No.1. Therefore the prayer made by the complainant in the ground case be in his favour. Prayer of the O.P. No.2 is allowed without cost as there is no claim against O.P. No. 2.

                                        Hence,

                                                     it is,

ORDERED

                                                                   that the complainant case and the same is allowed on contest with cost against the Op. No.1.

                O.P. No.1 is directed to make payment of surrender value of Rs.33,933.05/- to the complainant alongwith  5% interest.

               O.P. No.1 is also directed to pay litigation cost of Rs.5,000/- to the complainant within 60 days from the date of this order.

               Let plain copy of order be given to the parties free of cost.

             Dictated and Corrected by me

                     Sd/- D. Sengupta.                 Sd/- K.K.Chattopadhyay.            Sd/-B. Pramanik.

                          Member                                      Member                                  President

                                                                                                                        District Forum

                                                                                                                    Paschim Medinipur