The fact of the case of the complainant is that the complainant is a Mediclaim policy holder being Customer ID no. 8H2387356 under the oP since 28.09.2010. On 27.9.2013 the complainant purchased one policy from the date 28.9.2013 to 27.9.2014 with a premium of Rs.5916. The OP sent the policy as mentioned in para no. being policy no. 51250334130100000608. After six months i.e. on 26.2.2014 the complainant was informed that cheque issued by him has
not been cleared by S.B.I. for insufficient of fund, as such the aforesaid policy was cancelled. The complainant then contacted the oP but no result. It is also stated by the complainant that Pass Book of the Savings Account shows no entry. Finding no satisfactory reply from the Op the complainant filed this case to receive from the complainant the said amount of Rs.5916/- and to revive the cancelled policy and other reliefs.
OP no.2 contested the case denying inter alia all material allegations. The Op received the cheque subject to realisation of the cheque amount and issued the policy. But the said premium cheque was returned by S.B.I., India Chinsurah branch for insufficient fund. So, the Op cancelled the said policy. The complainant has committed a Criminal offence under 138 of N.I.Act. Said policy was void ab initio issuance of new policy does not arise at all. Therefore, the complainant’s case deserved to be dismissed.
Complainant filed copy of Collection receipt cum adjustment voucher, copy of policy schedule, copy of Cheque Dishonour and copy of Bank Pass Book. The complainant also filed Evidence in chief. OP on the other hand filed copy of
Cheque dishonour, copy of cheque dated 27.9.2013, copy of Peon Book and other documents. Op also filed Evidence in chief and W.N.A.
POINTS FOR DECISION :
- Whether the complainant is a consumer ?
- Whether there is any deficiency in service on the part of the oP ?
- Whether the complainant/petitioner is entitled to get relief as prayed for ?
DECISION WITH REASONS :
It is admitted fact that the complainant issued a cheque for a sum of Rs.5916/- for purchasing a Mediclaim policy from the oP on 27.09.2013. The Op issued the policy subject to realisation of the said cheque. Accordingly, the Op placed the cheque for encashment in the S.B.I. chinsurah, Branch . But the said cheque was dishonoured for insufficient fund. The Opposite Party issued a letter to that effect to the complainant regarding cancellation of policy on 26.2.2014. From the documents filed by the Op Annxure 4 shows that the said cheque was returned for insufficient fund. The Pass Book of complainant does not show any debit of Rs.5916/- in that cheque stated hereinbefore. Accordingly, there is no
deficiency of service of the oP. So, we are of opinion that the complainant fails to prove his case regarding facts alleged in the complaint. Hence it is-
ORDERED
That the CC no. 68 of 2014 be and the same is dismissed on contest.
Let a copy of this order be made over to the parties free of cost.
