BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.
Consumer Complaint no.148 of 2013
Date of Institution : 23.8.2013
Date of Decision : 24.11.2016.
Sawroop Chand, aged about 43 years son of Shri Ram Chand, resident of Preet Nagar, Gali No.14, Sirsa, Tehsil and District Sirsa.
……Complainant.
Versus.
1. State Bank of India, Mandi Dabwali, District Sirsa, through its Branch Manager.
2. Branch Manager, State Bank of India, Mandi Dabwali, District Sirsa.
3. The Officer of State Bank of India, Commercial Area Office, Hisar.
4. Dharampal, Local Officer, State Bank of India, Mandi Dabwali, District Sirsa.
5. State Bank of India, having its Central Office at Madam Cama Road, Nariman Point, Mumbai through its Managing Director.
...…Opposite parties.
Complaint under Section 12 of the Consumer Protection Act,1986.
Before: SHRI S.B.LOHIA…………………PRESIDENT
SH.RANBIR SINGH PANGHAL ……….. ……MEMBER.
Present: Sh.B.C.Bhatiwal, Advocate for complainant.
Sh.R.K. Chaudhary, Advocate for the opposite parties no.1 to 3 & 5.
Complaint against op no.4 is dismissed for non prosecution.
ORDER
Case of complainant, in brief is that he had obtained home loan of Rs.8,25,000/- from State Bank of India on 1.5.2009 and against this loan, the Bank added a premium of Rs.27,490/- regarding SBI insurance in the account of the complainant on 27.11.2009. The receipt of Rs.27,490/- was issued to the complainant but till today the State Bank of India has not issued any policy or its number and due to this reason, the complainant does not know about such SBI insurance policy that on which date it was started, whereas he has already deposited all the installments of the above said loan to the above said Bank. Despite this, the bank has not disclosed the status of above said insurance policy. The complainant submitted his request vide letter dated 23.9.2011 and reminder dated 2.3.2012 to supply status of above said SBI insurance policy and its number otherwise after deducting two years premium, the remaining amount may be refunded to the complainant but inspite of letters and reminders, the ops have not taken any action in the matter and they have not refunded any amount to him. Due to deficiency in service on the part of ops, the complainant is suffering harassment and financial loss. The complainant also got served legal notice upon ops on 24.8.2012 but in vain. Hence, this complaint.
2. On notice, opposite parties No.1 to 3 & 5 appeared and filed joint reply and submitted that SBI Life Insurance Company Ltd. who has issued the policy in favour of the complainant is a necessary party and ops No.1 to 3 are not necessary parties. As per record, the insurance policy had already been supplied by the insurance company to the complainant and on his demand, a duplicate copy thereof has also been supplied to the complainant. The complainant obtained a loan of Rs.8,25,000/- as home loan from answering ops. As per record, he also purchased a SBI Life Insurance policy for a sum assured of Rs.8,52,489/- and deposited a sum of Rs.27,499/- as premium with the insurance company. The policy in original had been supplied to the complainant which shows all the terms and conditions of the policy. Remaining contents of the complaint have also been denied.
3. Opposite party no.4 could not be served as complainant failed to provide correct address of op no.4 despite various opportunities and the case qua op no.4 was dismissed for non prosecution.
4. In evidence, the complainant has tendered his affidavit Ex.C1, copy of legal notice Ex.C2, postal receipts Ex.C3, Ex.C4, copy of application dated 30.3.2012 Ex.C5, copy of receipt of premium Ex.C6, copy of application Ex.C7, copy of application dated 2.3.2012 Ex.C8 and closed his evidence. On the other hand, ops No.1 to 3 & 5 tendered affidavit of Sh. Iqbal Garg, Chief Manager, State Bank of India, Branch Mandi Dabwali Ex.R1 and closed their evidence.
5. We have heard learned counsel for the parties and have gone through the case file carefully,
6. There is nothing on file to show that insurance policy was ever supplied to the complainant. The complainant has placed on file copy of application Ex.C7, copy of reminder dated 2.3.2012 Ex.C8 and then reminder dated 30.3.2012 Ex.C8 written to the opposite parties requesting them to supply particulars of the policy as policy has not been supplied to him but opposite parties have failed to supply the policy to the complainant. The complainant has also placed on file copy of receipt of premium of Rs.27490/- Ex.C8 which shows that above said premium was received by State Bank of India, branch Mandi Dabwali. The first plea of the opposite parties that SBI Life Insurance company has not been impleaded as a party by complainant has no force because premium has been received by op no.1 and till date the complainant is not aware about the date when it was started, to whom the complainant is insured with and is not even aware about the policy number as the opposite parties have not supplied him the policy. The second contention of the opposite parties that insurance policy had already been supplied by the insurance company to the complainant and on his demand a duplicate copy thereof has also been supplied to him has also no force because the said plea is not supported by any document/ receipt. The another surprising factor in this case is that in their reply the ops No.1 to 3 & 5 have submitted that photocopy of the duplicate copy is enclosed herewith, which may be supplied to the complainant, but it is shocking that they have not enclosed any copy of the policy with their reply and thus they have evasively averred in this regard. The opposite parties No.1 to 3 and 5 are therefore, very much deficient in service.
7. Thus, as a sequel to our above discussion, we allow the present complaint and direct the opposite parties No.1 to 3 and 5 to supply the policy in question to the complainant and also direct them to pay a sum of Rs.10,000/- as compensation for harassment including litigation expenses to the complainant. This order should be complied by the opposite parties No.1 to 3 & 5 jointly and severally within a period of one month from the date of receipt of copy of this order. Copy of this order be supplied to the parties free of costs. File be consigned to the record room after due compliance.
Announced. President,
Dated: 24.11.2016. District Consumer Disputes
Redressal Forum, Sirsa.
Member.
