Sri Shyamal Gupta, Member
Present Appeal u/s 15 of the Consumer Protection Act, 1986 has been moved by Axis Bank Ltd. against the Order dated 29-04-2016, passed by the Ld. District Forum, Paschim Medinipur in CC/11/2015. Incidentally, by such order, the complaint case has been allowed.
One Sk. Habu filed a complaint case alleging that notwithstanding he issued one cheque towards premium in respect of Policy No. 00648280 in September, 2010, he was handed over a different Policy being no. 20768515 on 19-03-2012 by the OP Bank. Being perplexed, he enquired the matter with the concerned official of the OP Bank, who assured him that total sum in respect of the earlier policy would be paid in due course and in respect of the new policy, he would have to pay premiums for 15 years. However, as he did not receive any money in respect of the earlier policy, he filed the complaint case.
OP Nos. 1&2 stated in their WV that the complaint case was barred by limitation. It was further claimed by these OPs that they had no involvement, apart from clearing the deposited cheques, in the matter. They denied receiving any money in respect of the instant insurance policy. Thus, they claimed that they were unnecessarily arrayed in the matter.
Decision with reasons
We have heard the parties and gone through the documents on record.
Notwithstanding the Ld. Advocate appearing on behalf of the Appellants disputed maintainability of the complaint case on limitation ground, it transpires that although no formal application was made for condonation of the delay in filing the said case, not only the reason behind delayed filing had been elaborately explained, the same was complemented by adducing relevant documents in this regard.
It appears that the disputed policy was issued on 19-03-2012 and thereafter the Respondent No. 1 vigorously followed up the matter with all concerned. However, as no fruitful result emerged, the complaint case was filed on 06-02-2015. The explanation, as given in the petition of complaint, in our considered opinion, is quite satisfactory and accordingly, the objection raised on the part of the Appellants is not tenable.
Undisputedly, the Respondent No. 1 paid due premium in respect of Policy No. 00648280 for the initial two years. However, there is nothing to show that he made any payment either in respect of Policy No. 00648280 for the 3rd year or in respect of Policy No. 20768515. Undisputedly, the premium amount in respect of Policy No. 00648280 reached the coffers of the Respondent No. 2. Therefore, on what basis the Ld. District Forum held the Appellants, along with the Respondent No. 2, liable for paying Rs. 6,00,000/- remains indeed doubtful.
That said, we cannot let off the Appellants completely taking into consideration the fact that they played a pivotal role in persuading the Respondent No. 1 to opt for the subject policy. It appears that they acted as a corporate agent of the Respondent No. 2 company. If they were not at all involved in the matter, certainly the Respondent No. 1 would not lodge official complaints with them. It is noteworthy that the Appellants did not send any reply to any of the complaint letters/Lawyer’s notice of the Respondent No. 1. Circumstantial evidence do suggest that, thanks to non-cooperation of the Appellants, through whom the Respondent No. 1 paid the first two premiums in respect of Policy No. 00648280, could not renew the same by paying the 3rd instalment in time. Accordingly, we deem it appropriate to hold them liable to pay due compensation to the Respondent No. 1.
The Appeal, accordingly, succeeds in part.
Hence,
O R D E R E D
The Appeal stands allowed on contest against the Respondent No. 1 in part. The impugned order is modified as under:
The Respondent No. 2 shall return the sum of Rs. 2,00,000/- to the Respondent No. 1 along with simple interest @ 9% p.a. over the aforesaid sum of Rs. 2,00,000/- from the date of filing of the complaint case before the Ld. District Forum till full and final payment is made. Appellants shall pay compensation of Rs. 15,000/- to the Respondent No. 1 along with litigation cost of Rs. 10,000/-. In case of non-compliance of this order within 40 days henceforth, Respondent No. 1 shall be at liberty to execute the same in accordance with law.
