Ld. Advocate(s)
For Complainant: Makbul Rahaman
For OP/OPs : Raj Kumar Mondal
Date of filing of the case : 25.11.2021
Date of Disposal of the case : 15.06.2023
Final Order / Judgment dtd.15.06.2023
Complainant above name filed this case u/s 35 of C.P.Act 2019 against the aforesaid Ops praying for continuation of medical policy for the period from 05.03.2021 to 04.03.2022 and thereafter, year to year and prayed for compensation amounting to Rs. 5,00,000/-, cost of the case and other relief.
She alleged in the petition of complaint that she has opened a saving Bank Account vide no. 12802191027874 at the branch of OP no. 3.
OP no. 3 approached him to purchase a Mediclaim Policy of Oriental Insurance Company Limited and thereafter complainant purchased the same from the OP no. 3.
Thereafter Mediclaim Policy of the complainant was started through OP no. 3 being policy no. 313400/48/2016/2938, the period of insurance was 29.02.2016 to 28.02.2017.
On that time complainant paid Rs. 3,384/- as premium.
Said policy was subsequently renewed for the period from 01.03.2017 to 28.02.2018 after paying premium amount of Rs. 3,399/-.
Said policy was also renewed for the period from 01.03.2018 to 28.02.2019 on payment of Rs. 3,487/-.
Said policy was also renewed for the period from 01.03.2019 to 29.02.2020 and complainant paid Rs. 5,281/- as premium. Said policy was also renewed for the period from 05.03.2020 to 04.03.2021 and complainant paid Rs. 5,281/- as premium.
Thereafter, complainant applied before OP no. 3 for Mediclaim Policy for the period from 05.03.2021 to 04.03.2022.
Complainant further told to the OP no. 3 that sum of Rs. 5,545/- has been deducted from his account as premium of the Mediclaim Policy for the period from 05.03.2021 to 04.03. 2022 but said policy not yet been issued in favour of the complainant.
Thereafter, complainant filed an application before the OP no. 2 but he received no response.
Hence, complainant files this case.
OP no. 1 and 2 contest this case by filing W/V.
They denied the entire allegations of the complainant.
They further stated that complainant purchased Mediclaim Policy from OP no. 2 and same was renewed for the period from 05.03.2020 to 04.03.2021.
Thereafter, OP no. 2 did not receive any premium for the renewal of the said policy. There is not provision for renewal of any policy without receiving policy premium.
There was no negligence or deficiency in service on the part of the OP no. 1 and 2. They pray for dismissal of the case.
As per order 09 dtd. 08.06.2022 case is running ex-parte against OP no. 3.
TRIAL
During trial complainant files affidavit-in-chief. OP no. 1 and 2 files questionnaire and complainant files answer.
OP no. 1 and 2 did not adduce any affidavit-in-chief nor any documents.
DOCUMENTS
Complainant files following documents
- Original passbook of Punjab National Bank i.e OP no. 3 in respect of the saving bank account of the complainant vide no. 128021191027874 (original documents one sheet).
- Mediclaim Policy for the period from 29.06.2016 to 28.06.2017 ( two sheet original).
- Mediclaim Policy for the period from 01.03.2017 to 28.02.2018 ( two sheet original).
- Mediclaim Policy for the period from 01.03.2018 to 28.02.2019 ( two sheet original).
- Mediclaim Policy for the period from 01.03.2019 to 29.02.2020 ( two sheet original).
- Mediclaim Policy for the period from 05.03.2020 to 04.03.2021 ( two sheet original).
- Letter issued by the complainant in favour of the OP no. 3 dtd. 24.08.2021 ( one sheet original).
BNA.
Complainant files BNA.
OP no. 1 and 2 files BNA.
Decision with Reasons
We have carefully gone through the petition of complainant filed by the complaint, W/V filed by the OP no. 1 and 2, documents filed by the complainant, affidavit-in-chief filed by the complainant along with answer, BNA filed by the complainant and BNA filed by the OP no. 1 and 2.
We have carefully considered the same.
On perusal of the Mediclaim Policy filed by the complainant, we find that complainant at first purchased the same for the period from 29.02.2016 to 28.02.2017. Said policy was renewed from time to time and it was lastly renewed for the period from 05.03.2020 to 04.03.2021.
On perusal of the account pass book we find that for the purpose of renewal of the policy for the period from 5.3.2020 to 4.3.2021 OP no. 3 deducted Rs. 5,281/- from the saving bank account of the complainant and prepared one draft on 20.02.2021.
Subsequently, said draft was cancelled and amount was refunded to the account to complainant.
But we also find that on 23.2.2021 OP no. 3 again prepared draft for an amount of Rs. 5,545/- and said amount was deducted from the account premium and OP no. 3 sent as said draft to the OP no. 1 and 2 .
Ld. Adv. for the complainant argued that policy premium has been deducted from the account but till date no policy has been given in favour of the complainant.
Ld. Adv. for the Op no. 1 and 2 argued that they did not receive any amount till date by renewal of the aforesaid policy as such they did not issue any policy in continuation of above policy.
It is clear before us that OP no. 3 deducted sum of Rs. 5,545/- from the account of the complainant but he did not sent the same in favour of the OP no. 1 and 2. It is gross negligence on the part of the OP no. 3.
From the above discussion it is clear before us that complainant is consumer and OP no. 1, 2 and 3 are the service provider.
Having regard to the aforesaid discussion it is clear before us that complainant has abled to establish his grievance and he is entitled to relief as per prayer.
In the result present case succeeds.
Hence,
It is
Ordered
that the present case be and the same is allowed on contest against OP no.1 and 2 and allowed ex-parte against OP No. 3.
OP No.3 is directed to arrange Mediclaim Policy in the name of the complainant for the period from 05.03.2021 to 04.03.2022 and he is further directed to arrange Mediclaim policy for the period from 05.03.2022 to 04.03.2023, from 05.03.2023 to 04.03.2024 and after taking premium from the Saving Bank Account of the complainant or to pay Rs. 50,000/- in favour of the complainant for deficiency in service after collecting same from the salary of the person on fault and OP no. 3 is further directed to pay Rs. 10,000/- in favour of the complainant as compensation for his harassment, mental pain and agony.
Let a copy of this final order be supplied to the both the parties as free of cost.
Dictated & corrected by me
............................................
PRESIDENT
(Shri DAMAN PROSAD BISWAS,) .................................................
PRESIDENT
(Shri DAMAN PROSAD BISWAS,)
I concur,
........................................
MEMBER
(NIROD BARAN ROY CHOWDHURY)
