<br /> Perused the complaint, version of the opponents, affidavits of both the parties and the documents placed on record by both the parties including the written arguments of the complainant and the citations.<br /> <br /> This is a complaint filed by the complainant under section 12 of the C.P.Act 1986 against the opponents for directing them to provide the committed service of paying the insurance premiums through his S.B. account as assured by them at the time of selling the product through their agent ING Vysya Bank Ltd., Mysore and also to pay the compensation of Rs.10,000/- towards mental agony etc.,<br /> <br /> The complainant has filed this complaint mainly on the ground that the opponents have agreed to provide the committed service of paying the insurance premiums through his S.B. account at the time of selling product by their agent ING Vysya Bank Ltd., Mysore. Of course, in his affidavit filed in lieu of evidence, the complainant has duly sworn on oath in respect of all the averments made in the complaint. But, to support his oral evidence, there is no documentary evidence on record. The complainant has relied upon several documents namely, premium receipts, demand notices, policy schedule and copy of the order passed by this Forum in complaint No.192/2008 dated 21.08.2008 etc., But, in the said documents also, there is absolutely no material to support the main case of the complainant that the opponents have agreed to provide the committed service of paying insurance premiums through his S.B. account at the time of selling the product through their agent ING Vysya Bank ltd., Mysore. Thus, there is no documentary evidence to support the said case of the complainant. In the absence of any such documentary evidence on record, it is very unsafe to rely upon the self serving oral evidence of the complainant alone to reach the conclusion that the opponents have agreed to provide the committed service as alleged in the complaint.<br /> <br /> Apart from the above, the averments of the complaint clearly discloses that the main grievance of the complainant is only in respect of closure of his S.B. account NO.977 (old No.) by the opponents agent bank namely ING Vysya Bank Ltd., Mysore, but, the opponents are nothing to do with the said grievance and the complainant has to sort out the same with the said bank and not by filing this complaint against the opponents Insurance Company which is no way concerned with the said grievance of the complainant. Admittedly, the opponents are the insurance company and their agent is the banking company and they are separate entities and the agent is not subordinate to the opponents to act on their direction. The main relief sought for in the complaint is in the nature of directing the opponents to provide the committed service of paying the insurance premiums through his S.B. account which was already closed by their agent bank due to some dispute between them. Thus, the said relief sought for in the complaint clearly indicates that the opponents are required to direct their agent bank to reopen his closed account for paying the premiums. When the agent bank is not subordinate to the opponents, it is not possible to compel or direct their agent bank to reopen the closed account of the complainant and such a relief cannot be granted by this Forum. The complainant is mainly seeking such a relief solely with the intention of paying the insurance premiums through his S.B. account. But, as rightly contended by the opponents, the premiums can be conveniently paid by the complainant through other various modes. The principles of law laid down in the citations relied upon by the complainant are also not applicable to the facts and the circumstances on hand. Under these circumstances, we have no other alternative except to hold that the complainant has failed to prove his case and therefore, he is not entitled for any of the reliefs sought for in the complaint and the same is liable to be dismissed in the ends of justice with a direction to the parties to bear their own costs. Hence, in the final result, we proceed to pass the following <br /> <br /> ORDER<br /> The complaint is dismissed.<br /> <br /> Parties are directed to bear their own costs.<br />