West Bengal

StateCommission

CC/277/2019

Smt. Anuprova Nath & Another - Complainant(s)

Versus

The Br.Manager, IndusInd Bank Ltd. & Another - Opp.Party(s)

Ms. Sharmistha Dhar, Mr. B.Chakraborty

31 May 2019

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION
WEST BENGAL
11A, Mirza Ghalib Street, Kolkata - 700087
 
Complaint Case No. CC/277/2019
( Date of Filing : 09 Apr 2019 )
 
1. Smt. Anuprova Nath & Another
W/o Sri Debashis Dubey, A-2/137, Kalyani(near Sikshayatan School), P.O. & P.S. - Kalyani, Dist. Nadia.
2. Smt. Anjali Nath
W/o Lt. Provakar Nath, A-2/137, Kalyani(near Sikshayatan School), P.O. & P.S. - Kalyani, Dist. Nadia.
...........Complainant(s)
Versus
1. The Br.Manager, IndusInd Bank Ltd. & Another
G.C. Avenue Br.(Chandni Chowk), 33, Chittaranjan Avenue, P.S. Bowbazar, Kolkata -700 012.
2. Tata AIA Life Insurance Co. Ltd.
Rep. by the Mayor, Grievance Redressal Dept., 4/2, 1st Floor, Barrackpore, Shopping Mall, S.N. Banerjee Road, Chiriya More, Barrackpore, Kolkata -700 120.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. SHYAMAL GUPTA PRESIDING MEMBER
 HON'BLE MR. UTPAL KUMAR BHATTACHARYA MEMBER
 
For the Complainant:Ms. Sharmistha Dhar, Mr. B.Chakraborty, Advocate
For the Opp. Party:
Dated : 31 May 2019
Final Order / Judgement

Order No. 05 date: 31-05-2019

This day is fixed for passing order regarding admissibility of the complaint case.

The allegation against the OP No. 1 is that it mis-sold the disputed life insurance products of the OP No. 2 taking undue advantage of the blind trust being reposed upon it by Provakar Nath, since deceased.  Necessary complaint lodged in this regard since been not redressed, out of disguise, the complaint case is filed.

It appears from the documents on record that a sum of Rs. 5,00,000/- (approx.) was debited from the account of Lt. Provakar Nath in the year 2017 to finance the premium amount in respect the disputed policies. 

Towards this end, the Complainants claimed a sum of Rs. 40,00,000/- as compensation.  On due consideration of the facts and circumstances of the case, the compensation so claimed appears to be very much on the higher side.  There are reasons to believe that it has been purposely done to avoid the jurisdiction of District Forum which is not appreciable. 

We, therefore, deem it appropriate to dismiss this complaint case.  However, in the interest of natural justice, due liberty is given to the Complainants to file a fresh complaint case before the appropriate District Forum within a period of two months from this day.

 
 
[HON'BLE MR. SHYAMAL GUPTA]
PRESIDING MEMBER
 
[HON'BLE MR. UTPAL KUMAR BHATTACHARYA]
MEMBER

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