:    J U D G M E N T    :

The petitioners Archana Debnath and her husband Srikrishna herein petitioner No. 1 & petitioner No. 2 respectively have filed the instant case under Section 12 of the Consumer Protection Act, 1986 against Branch Manager, SBI, Krishnagar Branch herein OP 1 and  Regional Manager, SBI, Krishnagar Branch herein OP No. 2.

Case of the petitioner in brief:-

            The petitioners took a loan A/C No. 11256521894 from the OP bank and at the time of disbursing the same the OP bank demanded same documents from the petitioner as collateral security.  Petitioners accordingly submitted the sale deed of their landed property dated 12.02.80, C.S. Record, R.S. Record, Govt. rent receipts, L.R. Record, Municiapal Tax Receipts and two LIC policy being policy No. 421036344 & 422372646.  The petitioners paid off the loan on 09.10.13 which is much before the given scheduled period and the OP bank returned the sale deed, C.S. Record, R.S. Record, Govt. Rent receipts, L.R. Record, Municipal tax receipts but did not return the policy certificates but assured to return the same shortly.  But on 19.02.14 OP bank informed the petitioners that the policy documents are misplaced from their custody, but kept silent about the remedy.  The dates of maturity of Policy No. 422372646 is 28.06.21 & that of the other Policy i.e., 421036344 is 30.06.2010.  Now the petitioners have come before the Forum for redressal with the following prayers:-

1. Direction upon the OPs to return the matured money of the said policies or return the two policy certificates.
2. Direction the OPs to pay compensation of Rs. 80,000/- and litigation cost of Rs. 20,000/-.

The OPs contested the case by filing written version wherein they denied all the allegations brought against them by the petitioners.  They also verbally submitted that after repayment of the loan all the documents were handed over to the petitioner from the branch office.   So they pray for dismissal of the case with exemplary cost.

The petitioner has filed the deposition-in-chief of Srikrishna Debnath as PW-1.  The Forum has taken the deposition of witness, Kaushik majumder, manager (Adm.) of LIC, Krishnagar Branch for the proper adjudication of the case.  This deposition is treated as PW-2.           

From the complaint petition and the documents filed along with such petition we frame the following issues:-

POINTS FOR DECISION

Point No. 1)   Are the petitioners consumers under the OPs?

Point No. 2)   Are the OPs deficient in their services?

Point No. 3)   Are the petitioners entitled to get relief from the OPs?

REASOND DECISIONS

            Point No. 1.

            The petitioners are the consumers under the OPs as they have taken loan from the OP bank in lieu of service charge.  As per Section 2(d) of Consumer Protection Act, 1986 the relationship between borrower and financier in the relation of a consumer and service provider.

            Point No. 2 & 3

            These points are taken up together for sake of convenience.

            The OPs denied the fact that the two policies are not in their custody but they have failed to prove the same.  Whereas the deposition of Kaushik Majumder have proved that the policy amount of Rs. 35,880/- relating to policy No. 421036344 has been paid to the OP on 14.05.10 and the 2^nd policy which was assigned to SBI is lying with the bank and not encashed by the OP bank. 

            The deposition has not been challenged by the Ops.  Hence, it can be construed that the submission made by the petitioners is true and the OP bank is deficient in their services for misplacing the LIC policies to the petitioners.  Hence, the petitioners are entitled to get relief as prayed for.

            IPO paid is correct. 

            Hence,

Ordered,

That, the case CC/2014/32 be and the same is allowed on contest against the OPs with cost.

The OPs are jointly & severally liable to return the two LIC Policy certificates relating to policy No. 422372646 within one month, i.d., must arrange to take a duplicate certificate from LIC authority.  In case of policy No. 42103634 the OPs can return the policy amount of Rs. 35,880/- with 10% interest from 14.05.10 till the date of final payment or can return the policy certificate within one month from the date of order.  OPs are also directed to pay Rs. 20,000/- as compensation and Rs. 5,000/- as litigation cost within the same period.

Let a copy of this judgment be delivered to the parties free of cost.