JUDGEMENT Complainant by filing this complaint has submitted that he purchased one Insurance Policy from the op in respect of a vehicle bearing No. WB 19E-3786 by submitting application form along with a cheque bearing No.829946 dated 26.09.2011 drawn on State Bank of India, Kabardanga Branch and on receipt of the cheque for premium, op issued Insurance Policy being No.100600/31/11/6300004866 for the said vehicle to the complainant and also issued money receipt. On 10.10.2011 the development officer reported the complainant that the cheque being No.829946 dated 26.09.2011 was dishonoured and after getting such information from the ops, complainant forthwith deposited a sum of Rs.29,885/- by pay order being No.188036210 drawn on State Bank of India Kabardanga Branch. But even after receipt of the same development officer did not grant any receipt and advised the complainant that the parties shall be served in respect of the previous document that is the Insurance Policy. Further on enquiry through the office of the ops, complainant came to learn that the said amount subsequently deposited by pay order has been encahsed by the op, but the policy had already been cancelled. After knowing such cancellation of the policy, complainant sent a letter on 14.08.2012 to the Senior Divisional Manager stating the entire fact and also to the op but no reply was received. Ultimately a notice was sent through his Ld. Lawyer to the ops on 13.08.2013 requesting the ops to pay the amount as claimed in M.A.C.C. Case No.38/2013 before Alipore Court filed by one Jeewan Saha against the said vehicle and the sum of Rs.1,00,000/- for causing unnecessary harassment etc and the letter was sent through registered post with A/D. But op did not response and in the above circumstances, complainant, for negligent and deficient manner of service and also for unfair trade practice has filed this complaint for relief and for redressal. On the contrary the ops by filing written version submitted that Insurance Policy being No. 100600/31/11/6300004866 for the period from 28.09.2011 to 27.09.2012 against the premium deposit of Rs.29,885/- for registering the vehicle bearing No.WB 19E-3786 by the complainant through cheque bearing No.829946 dated 26.09.2011 drawn on State Bank of India has been returned to the ops as uncleared for reason stated insufficient of fund and ops vide a letter dated 12.10.2011 intimated to the complainant that “notwithstanding anything contained to the contrary, it is hereby agreed and declared that the aforementioned policy is cancelled since inception and National Insurance Company Ltd. , is not on risk in respect of the vehicle covered thereunder” and further intimated that if the complainant wants to take a fresh insurance policy please remit to them immediately the premium in cash/DO to enable them to assume the risk from the date of fresh collection subject of the complainant’s confirmation that there has been no loss so far and also advised to complainant to return the certificate of the insurance and the policy immediately and the ops also intimated to the RTO, vide a letter dated 14.09.2012 stating that the bring to the notice of the authority the Policy No. 100600/31/11/6300004866 issued in respect of that policy that had been cancelled and there is no risk coverage. It is further submitted that in fact the said vehicle faced an accident on 16.07.2012 at about 14:30 Hrs at Park Street fly over when the complainant’s insurance policy was not valid. Therefore as per terms and conditions of the Insurance Policy, ops have no liabilities against such cancelled policy. It is further submitted that ops have no knowledge about the Pay Order issued by the complainant for Rs.29,885/- dated 10.10.2011 being No.188036210 drawn on State Bank of India, Kabardanga Branch without taking any receipt of the acknowledgement of the said Pay Order from the ops and without any further application for the policy and in view of the above fact, complainant’s present complaint is not maintainable and complainant is not a consumer for which same should be dismissed. Decision with reasons On careful consideration of the argument as advanced by the Ld. Lawyers by both the parties and also considering the very fact of purchasing the Policy by the complainant for the period from 28.09.2011 to 27.09.2012 being Policy No. 100600/31/11/6300004866 of premium of Rs.29,885/- for vehicle No. WB 19E-3786 by the complainant and said amount was deposited along with the application form for purchasing Insurance Policy by a cheque being No. 829946 dated 26.09.2011 and that part is also admitted by the complainant. But it is mandatory provision of law that in respect of purchasing any Insurance Policy along with application for purchasing insurance policy the premium amount is paid by cheque and if cheque is found subsequently dishonoured, in that case the policy shall be treated as a cancelled and void and that is the terms and conditions of Motor Accident Policy and in the present case complainant issued a cheque being No.829946 dated 26.09.2011 for purchasing the present policy and Insurance Company on receipt of the said cheque, no doubt the subject to encashment of the cheque and fact remains in this case cheque was dishonoured for insufficient of fund. So, as per policy conditions, the policy was treated as cancelled on and from the very date and there is no liability on the part of the op for any risk coverage and complainant is not entitled to get any benefit. No doubt complainant has tried to convince that when he heard that his cheque being No.829946 dated 26.09.2011 had already been dishonoured then and there he deposited a sum of Rs.29,885/- dated 10.10.2011 by Pay Order No.188036210. No doubt it was deposited by the op in the State Bank of India, Kabardanga Branch in the name of the op but without any further order of the op, it is clear that on 16.07.2012 the complainant’s vehicle faced an accident for which complainant realized that his policy is invalid and in that case he shall have to pay the entire compensation if any case is filed by RTO or any person. So, in this case, it is clear that only save his skin, complainant purchased a Pay Order and deposited the amount to the Insurance Authority or the agent. But by such an act, the complainant cannot get any benefit in view of the fact his present policy has already been declared cancelled and void for non-encashment of the said cheque and in the present case, complainant had his no other option but to file a fresh application by depositing a sum of Rs.29,885/- for purchasing the fresh policy on and from 10.10.2011. On proper consideration of the entire policy conduct and condition, we are convinced to hold that complainant only for the purpose of restoring the life of his policy which has already been declared cancelled and void for non-encashment of the premium cheque, complainant suomoto deposited it when already the policy has been declared cancelled and void and that was attempt on the part of the complainant to revive the policy. But as per IRDA Rule benefit of a policy by any policy which is opened by any cheque for the first time and if the said cheque is not encashed for insufficient of fund in that case even after being policy document is issued, it shall be treated as void and cancelled from very date of inception. So considering that principal of law and the present terms contract of the policy we are convinced that the complainant has no valid policy being No. 100600/31/11/6300004866 for the period from 28.09.2011 to 27.09.2012 and that policy document which was in the hand of the complainant was not given any right to claim any benefit in respect of that policy when it was declared void and cancelled from the date of inception for non-encashment of the first cheque of premium by cheque bearing No.829946 dated 26.09.2011. Further as per provision of law any amount deposited by the complainant to the op without the order of the op, in that case that amount can be taken it as suspended account and complainant can pray for refund of the same but for deposit of the said amount after declaration of the document of policy void and cancelled cannot give any life to the said policy. So, it is clear that complainant deposited it with some mala fide intention and no doubt complainant is a business man and he has full knowledge that if any amount is deposited for creating any contract (for purchasing a policy) along with such amount and application for insurance of vehicle or any other article must be submitted but that has not been submitted at the time of 2nd deposit. Another factor is that since 10.10.2011, complainant did not file any application form for insuring this vehicle. So there is no deficiency or negligence on the part of the op and practically complainant was at fault, he has his negligence, he did not purchase fresh policy and only to save his skin somehow deposited the amount long after cancellation and declaration of void by the office of the present deposited policy. So, by depositing that amount complainant cannot claim that the previous policy can be restored. In this context it is to be mentioned that no policy for one year (Motor Vehicle Insurance Policy) can be revived by any means if the only premium to be paid along with application form for purchasing insurance policy is found dishonoured and in that case only such a person may further file application for insurance along with further cash or cheque. But there is no question of restoration of the said policy which has already been cancelled. In the light of the above observation we are convinced that it is an unfair attempt on the part of the complainant and in fact complainant was well aware of the fact but when his vehicle faced accident he took such plea to get such relief from the Forum and no doubt the entire claim is false and fabricated when complainant’s own cheque was not encashed along with application for purchasing the insurance policy. Thus the complaint fails. Hence, it is ORDERED That the complaint be and the same is dismissed on contest without any cost against the ops.
| | [HON'ABLE MR. Ashok Kumar Chanda] MEMBER[HON'ABLE MR. Bipin Muhopadhyay] PRESIDENT[HON'ABLE MRS. Sangita Paul] MEMBER | | 
