IN THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, MURSHIDABAD AT BERHAMPORE.

                                                  CASE No.  CC/113/2018

 Date of Filing:                    Date of Admission:                 Date of Disposal:

    19.06.2018                               09.07.2018                              16.03.2023         

Complainant:    Sunil Sing Bachhowat,

                        S/o Late Gambhir Sing Bachhowat

                        At MahajanPatty,

 P.O. And P.S. Jiaganj,

Dist. Murshidabad,

Pin 742123.                                                      

-Vs-

Opposite Party: 1. Manager Of The United India Insurance Co. Ltd                       

                 Joy Plaza Shopping Complex,

                  Nh 34, Rathbari,

                  P.O.+ P.S. + Dist. Malda,

                  Pin 732101.

                           2. The Manger of United India Insurance Co. Ltd.                

   Galaxy Guest House,

   Near Jiaganj Bus Stand Bandhan Bank,

   P.O. And P.S. Jiaganj,

  Dist.Murshidabad, Pin 742123.

          3.Manager Of Union Bank Of India,

          Jiagnaj Jiban Sadhan MKT Camp,

         P.O. + P.S. Jiaganj,

         Dist.Murshidabad, Pin 742123.

Agent/Advocate for the Complainant                        :  Monalisa Dutta Thakur

Agent/Advocate for the Opposite Parties                  :   Subhash Shah

.

           Present:   Sri Ajay Kumar Das…………………………..........President.    

                            Sri. Nityananda Roy…………………………………….Member.

FINAL ORDER

   Sri. ajay kumar das, presiding member.

   This is a complaint under section 12 of the CP Act, 1986.

One Sunil Sing Bachhowat (here in after referred to as the Complainant) filed the case against Manager Of The United India Insurance Co. Ltd and Ors. (here in after referred to as the O.P.s ) praying for compensation alleging deficiency in service.

 The sum and substance of the complaint case is as follows:-

The Complainant had a Medi-claim policy in his name and his wife’s name. Since 1999 under United India Insurance Co. Ltd.

The Complainant gave a renewal premium through cheque for this Medi-claim Policy. He gave total 10 premiums i.e.,

But the last cheque was returned by O.P. after a long time (after 5 months) stating that the signature differs. Under the rules of Mediclaim policy  if the money is not paid within one month from the due date, the policy will be cancelled.

If the signature of the cheque differed, it was the duty of the O.P. to inform the Complainant within one month. But the O.P. informed the Complainant regarding dishonor of cheque after 5 months. If the O.P. informed the Complainant in proper time the Complainant had a chance to continue the policy.

There is deficiency of service on the part of the OPs. The Complainant prays for orders directing the O.P.s .to continue the policy.

Defence Case

The O.P. Nos. 1 & 2 are contesting the case by filing W/V contending inter alia that the case is not maintainable. The specific case of the O.P. 1 & 2 is that the duty of the policy holder to renew the policy is not ended only by submitting the application along with cheque for premium amount. According to term, cheque is valid subject to realization of cheque in cash. It was the duty of the Complainant to look into the matter whether the cheque was realized or not in due time. The Complainant did not reconcile his account regarding whether the premium amount from which the cheque was issued had been debited from his account or not. The Complainant violated the policy condition number 5.2 and committed wrong and neglected to perform his obligation. There is no deficiency of service on the part of the O.P.s. The O.P.s pray for dismissal of the case.

On the basis of the complaint and written version the following points are framed for proper adjudication of the case:

Points for decision

1. Is the Complainant a consumer under the provision of the CP Act, 1986?

2. Have the OPs any deficiency in service, as alleged?

3. Is the Complainant entitled to get any relief, as prayed for?

Decision with Reasons:

Point no.1, 2 & 3

All the points are taken up together for the sake convenience and brevity of discussion.  

The point to be noted is that the argument was heard in part on 06.12.2022 and the argument was heard in full on 16.03.2023.

The Ld. Advocate for the Complainant submitted that he is the consumer to the O.P.s. Ld. Advocate for the O.P.s did not raise any objection on this point.  

Keeping in mind the submissions of both sides and considering the facts and circumstances of the case we are of the view the Complainant is a consumer of O.P.s.

From the materials on record we find the letter dated 18.10.2016 written by Divisional Manager, United India Insurance Co. Ltd. and addressed to the Complainant Sri Sunil Singh Bachhawat reveals “We feel sorry for the discontinuation of the policy and loosing the seniority earned by you. But we regret to say that the cheque dishonored due to your signature variation which is a financial crime and it is the banker who has intimated us after a lapse of 5 months. It is a place to say that you also not have been reconciled your account regarding whether the premium amount for which the cheque was issued has been debited from your account or not. Matter is very transparent.

Thus we regret to inform you that is a case of violation of Policy Condition No. 5.2 and we are unable to renew the policy ab intitio. However we would also like to request you to please deposit the due premium at our M.O., Jiaganj for a new Individual Health Insurance Policy from current date.”

From the contents of the said letter we find that it is the allegation of the O.P. 1 & 2 that O.P. 3 bank intimated the insurance company regarding the dishonor of cheque due to signature verification after a lapse of 5 months. The Complainant had also failed to reconcile his account regarding whether the premium amount from which the cheque was issued had been debited or not. The O.P. No. 1 & 2 have a tendency to shift the liability upon the Complainant and the O.P. No. 3.

At the same time on the basis of the reasons advanced by the O.P. 1 & 2 it can be easily said that O.P No. 1 & 2 could have reconciled their account regarding whether the premium amount from which the cheque was issued had been credited to their account.

In view of the matter discussed above we are of the view that there is deficiency of service on the part of O.P. 1, 2 & O.P. 3 bank.

The point to be noted is that as per Order No. 6 dated 12.09.2018 order has been passed to the effect that the case shall be heard ex-parte against O.P. No. 3.

It is further to be noted is that though there is deficiency of service on the part of O.P. 3 bank but no relief is claimed against the O.P. bank by the Complainant. But the Complainant is entitled to get the relief as claimed for subject to certain conditions.

Reasons for delay

The Case was filed on 19.06.2018 and admitted on 09.07.2018. This Commission tried its level best to dispose of the case as expeditiously as possible in terms of the provision under section 13(3A) of the CP Act, 1986. Delay in disposal of the case has also been explained in the day to day orders.

In the result, the Consumer case is allowed.

 Fees paid are correct. Hence, it is

Ordered

that the complaint Case No. CC/113/2018 be and the same allowed on contest against O.P. No. 1 & 2 and ex-parte against O.P. No. 3 but under the circumstances without any order as to costs.

O.P. 1 & 2 are directed to give chance to the Complainant to continue the policy after payment of necessary and reasonable amount of money that is the premiums for the disputed year and the subsequent years till date subject to the conditions that the Complainant shall not claim any amount on the basis of the renewed insurance policy on any incident of illness happened before 16.03.2023.

Let plain copy of this order  be supplied free of cost, to each of the parties / Ld. Advocate/Agent on record, by hand  /by post under proper acknowledgment  as per rules, for information and necessary action.

The Final Order will also be available in the following Website:

    confonet.nic.in

Dictated & corrected by me.

President

 Member                                                                                                         President.