Orissa

Cuttak

CC/364/2023

Bajarang Lal Sharma - Complainant(s)

Versus

Punjab National Bank Ltd - Opp.Party(s)

self

10 Apr 2024

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL COMMISSION,CUTTACK.

C.C.No.364/2023

 

Sri Bajrang Lal Sharma,

S/o: Late Kanheya Lal Sharma,

Resident of Plot No.1C/67,Sector-9,CDA,

P.O/P.S:MarkatNagar,Dist:Cuttack,

Pin-753014.                                                             ... Complainant.

 

                                                Vrs.

1.         Punjab National Bank Ltd.,

CDA Branch,Rotary Eye Hospital Campus,

                 CDA,Cuttack-753014.

 

2.        The Divisional Manager,

The Oriental Insurance Co. Ltd.,

Divisional Office,1-OCHC Campus,

                 1^st Floor,Unit-3,Janpath,

                  Bhubaneswar-751001.                                                    ...Opp.Parties

 

 

Present:           Sri Debasish Nayak,President.

                                    Sri SibanandaMohanty,Member.

 

             Date of filing:     31.10.2023

Date of Order:   10.04.2024

 

For the complainant:            Self.

For the O.Ps.             :            None.

 

Sri SibanandaMohanty,Member                                                     

Case of the complainant in short is that he had obtained a health insurance policy under PNB-Oriental Royal Mediclaim Policy during the year 2013-14 through O.P no.1 from the O.P No.2. It is stated by him that the said policy was being renewed till 2022-23 without any break as an account holder of O.P no.1.  It is stated by the complainant that he was away from Cuttack from 2.6.2023 to 15.9.2023 and during that period premium amount fell due on 23.6.23 to be paid to the O.P no.2 for which he sent the premium amount by way of a blank cheque by registered post to O.P no.1 from Mumbai for payment to the O.P no.2 alongwith a request letter.  It is further stated by him that he had reminded the O.P no.1 through SMS on 14.7.2023 but on his arrival to Cuttack he found that his policy has not been renewed due to non-payment of premium amount resulting lapse of his policy.  It is alleged by the complainant that due to negligence of the O.P no.1, his premium amount could not be paid resulting lapse of his policy.  Hence, he has filed the present case with a prayer for a direction to the O.P no.2 to renew the policy with retrospective effect from 23.6.23, when his policy was lapsed alternatively  hehas prayed for a direction to the O.P no.2 to refund a sum of Rs.1,35,000/- recovered from him towards the policy premium amount during the period 2013-14 to 2022-23.  He has also prayed for compensation amount of Rs.50,000/- for his mental agony and harassment as well as Rs.20,000/- towards cost of his litigation.  He has also prayed for any other order as deemed fit and proper.

2.         Having not preferred to contest the case, the O.Ps have been set exparte.

3.The points for determination in this case are as follows:

i.          Whether the case of the complainant is maintainable?

ii.         Whether there was any deficiency in service on the part of the O.Ps ?

iii.        Whether the complainant is entitled to the reliefs as claimed by him?

Point no.ii.

Out of the three points, for the sake of convenience, point no.ii is taken up  first for consideration here in this case.

The complainant had obtained a Health Insurance Policy from the O.P no.2 .  There is no evidence which would reveal that the said policy availed by the complainant through O.P no.1.  The complainant has filed xeorx copy of the said policy.  It reveals from the said policy that the policy was effective from 24.6.2022 till midnight of 23.6.23.  It is admitted by the complainant that he was absent at Cuttack on 23.6.23.  The complainant alleged that he had requested to the O.P no.1 for payment premium amount to O.P no.2 and had sent a blank cheque to him for payment of his premium amount to O.P no.2.  It is also alleged by the complainant that due to non-payment of the premium dues of him by the O.P no.1, his policy has lapsed.  The complainant has not filed any document to establish that the O.P no.1 is duty bound to pay premium amount to the O.P no.2.  Thecomplainant has also not filed any evidence to the effect that he had sent blank cheque to the O.P no.1 for payment of premium amount on his behalf.  Moreover, no document has been filed by the complainant which would reveal that the O.P no.1 is the agent of O.P no.2 for receiving the premium amount from him.  The complainant has not paid any consideration amount to O.P no.1 for payment of premium amount to the O.P no.2.  The policy alleged to have been lapsed due to non-payment of premium amount by the complainant but no such letter has been filed by the complainant.  The complainant in his complaint petition has prayed to direct the O.P no.2 to renew his policy from 23.6.23 or alternatively had prayed for refund of his total premium amount to the tune of Rs.1,34,000/- paid by him to the O.P no.2 towards the premium for the period from 2013-14 to 2022-23.  The complainant is bound by the terms and conditions of the policy. The policy may have lapsed due to non-payment of premium amount.  Hence, there is no deficiency of service on the part of O.P no.2.  Hence, question of refund of the premium amount does not arise.    The complainant has not prayed any relief against the O.P no.1 to whom he had alleged to have sent his blank cheque for payment of premium amount.  In view of the above observation, it cannot be said that O.P no,.2 is responsible in any way for lapse of the insurance policy of the complainant and thereby it is held that there is no deficiency of service on the part of the O.Ps. Hence, this point goes against the complainant.

Points no.i& iii.

`           From the discussions as made above, the case of the complainant is not maintainable and the complainant is not entitled to any relief as claimed by him.  Hence it is so ordered;                                 

ORDER

The case is dismissed exparte against the O.Ps and as regards to the facts and circumstances of the case without any cost.

Order pronounced in the open court on this the10^thday of April,2024 under the seal and signature of this Commission.   

                                                                                 

 

Sri Sibananda Mohanty

                                                                                               Member        

 

                                                                                    Sri Debasish Nayak

                                                                                            President