BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
CACHAR :: SILCHAR
Con. Case No. 11 of 2017
Hasna Begum Laskar
W/O Late Abdul Wahab LAskar
Vill- Buribail Pt-I, P.O- Ganirgram, P.S-Silchar
Dist. Cachar, …………………………………………………. Complainant.
-V/S-
1. The State Bank of India,
Represented by its managing Director/Chairman,
Madam Cama Road, Mumbai-400021 ………………………. O.P No.1.
2. The Regional Manager,
State Bank of India, Park Road, Silchar-788001 ……………… O.P No.2.
3. The Regional Manager,
State Bank of India, Guwahati Regional Office
Bhangagarh, Guwahati-781005 ……………………………………… O.P No.3.
4. The Branch Manager,
State Bank of India, Silchar main Br. Park Road, Silchar-788001.. O.P No.4
5. The Deputy Manager,
Kotak Life Insurance Co. Ltd., Silchar Branch
Rangirkhari, Silchar-788005 ……………………………………………………. O.P No.5.
6. Mrs. Shiba Nandi, W/O Arun Bikash Nandi
R/O Madhabpur, Karichhera, Hailakandi-788165 ……………………. O.P No.6.
Present: - Sri Bishnu Debnath, President,
District Consumer Forum,
Cachar, Silchar.
Sri Kamal Kumar Sarda, Member,
District Consumer Forum,
Cachar, Silchar.
Appeared: - Mr. Sukumar Sinha Advocate, for the complainant.
Mr. Joy Deep Biswas, Advocate for the O.P No.1 to 4
Mr. Bhaskar Deb, Advocate for the O.P No.5
Mr. Arun Kumar Baidya, Advocate for O.P No.6.
Date of Evidence 12-12-2017, 22-02-2018
Date of written argument 20-03-2018, 06-06-2018
Date of oral argument 03-07-18, 16-11-18, 05-12-18
Date of judgment 18-12-2018
JUDGMENT AND ORDER
Sri Bishnu Debnath,
- This case has been brought by Hasna Begum Laskar under the provision of the Consumer Protection Act 1986 against SBI, Silchar Main Branch, Silchar and its officer including the Deputy Manager. The Kotak Life Insurance, Silchar Branch for refund of Rs. 20,376/-(Rupees Twenty Thousand Three Hundred Seventy Six) only allegedly deducted from her SB A/C No. 1103303323 by the SBI, Silchar Branch on 14-12-2016 toward payment of insurance premium of Smti Shiba Nandi, vide insurance policy No. 0001276982705 of Kotak Life Insurance Co. Ltd. without her permission.
- According on receiving notice, the O.P Nos.1 to 4 i.e. SBI and its officer submitted their joint W/S. In the W/S they denied their negligency of deduction of the aforesaid amount from the SB A/C of the complainant. Rather stated that the complainant took up insurance policy with the Kotak Life Insurance Co. Ltd. and signed a standing instruction where upon the complainant empowered the insurance company to receive the premium for the said insurance policy from the SB A/C aforesaid.
- The Kotak Life Insurance Co. Ltd. is arrayed as O.P No.5. The said O.P in its W/S stated inter-alia that the insurance company received insurance premium of Rs. 20,376/- toward insurance policy belonged to Mrs. Shiba Nandi on 15-12-2016 as per ECS mandate filled and signed by the policy holder. The said O.P also stated that as per the filled and signed ECS mandate the SB A/C of the policy holder is 01190020223 and amount of Rs.20,376/- received from the aforesaid SB/ A/C of Shiba Nandi and not from the SB A/C of the complainant.
- During hearing, Shiba Nandi was made party. She has been arrayed as O.P No.6. The said O.P refunded Rs. 20,376/-(Rupees Twenty Thousand Three Hundred Seventy Six) to the complainant and admitted the aforesaid insurance policy belonged to her, vide her compromise petition No.1049. The said petition has been submitted alongwith supporting affidavit. Anyhow, the complainant submitted deposition and exhibited some documents. The O.P Nos.1 to 4 also submitted deposition of Sri Jugi Raj Doley and O.P No.5 also submitted deposition of Shakil Ahmad and exhibited some documents. After closing evidence, all the parties engaged lawyer submitted their written argument.
- Heard oral argument and perused the evidence including written argument to decide as who is negligent in respect of deducting amount of Rs. 20,376/-(Rupees Twenty Thousand Three Hundred Seventy Six) from the SB A/C of the complainant to pay insurance premium of Shiba Nandi in connection with aforesaid insurance policy
- The O.P Nos.1 to 4 stated and deposed that the complainant purchased insurance policy from Kotak Life Insurance and gave standing instruction to deduct premium from her saving account. But for the official correspondence between SBI and Kotak Life Insurance Co. Ltd., vide Ext-R/4 it is crystal clear that the O.P No.5 received ECS mandate form on 25-11-2014 against policy No. 03100213 in the name of Mrs. Shiba Nandi, where the Bank account mentioned on the form for ECS is 01190020223. But the O.P No.4 deducted the insurance premium on receipt of the ECS form toward payment of insurance number above from the SB A/C of the complainant vide A/C No. 11033033232.
- However, the O.P Nos.1 to 4 though took plea that ECS was filled up and signed by the complainant to deduct the aforesaid amount toward payment of insurance premium of above insurance policy but failed to show or exhibit the relevant ECS form allegedly signed by the complainant.
- Hence, from the evidence on record it is concluded that the O.P No.4 negligently deducted the insurance premium from the SB A/C of the complainant without her permission. Hence, the O.P No.4 is found in disservice. As such the O.P Nos.1 to 4 are jointly and severally liable to pay compensation for disservice to the complainant because O.P No.4 is their subordinate. Accordingly, considering all aspect they are asked to pay compensation of Rs.10,000/-(Rupees Ten Thousand) only for disservice and Rs.2,000/-(Rupees Two Thousand) only for cost of the proceeding. They are also directed to make payment of above awarded amount of Rs.12,000/-(Rupees Twelve Thousand) only within 45 days from today. In default, interest @ 10% per annum to be paid.
- With the above, this case is disposed of on compromise between the complainant and O.P No.6 and on contest other O.Ps. Supply free certified copy of judgment to the parties. Given under my hand and seal on this the 18th day of December 2018.
