The complainant is present in person. Heard his version.submission. Judgement is ready and pronounced in open Commission in 3 pages 2 separate sheet of papers. 

BY -    SRI ASISH DEB, PRESIDENT

Brief facts of the complainant’s case are that the complainant is a permanent resident of above noted address and OP branch office is established at above mentioned address within the jurisdiction of this Commission. The Complainant is an educated unemployed and to maintain himself as well as his family he was started a sole proprietorship business of repairing center of TV and electronic goods, business namely TV CENTRE at Chaitanyapur under P.S.-Sutahata, which is/was his only source of earning. For the future protection of the family the Complainant and his wife purchased a schedule life insurance policy and paid premium regularly to theinsurance company. For smooth running of his said business the Complainanttook a loan of Rs.50,000/- from the O.P. member, at the time of sanction of loan O.P disclosed that, security is not necessary in said loan but he requested to the Complainant submit at least one Life Insurance policy in his bank. Owing to such approach by O.P member the Complainant submitted schedule life insurance policy before the O.P, and at that time O.P. assured and disclosed to the Complainant without prior information and caution notice O.P member should not surrender or liquidate the schedule policy. Depending upon the assurance of O.P, the Complainant submitted their life insurance policy. The Complainant during his business tenure his business fell in a trouble due to crisis of market and unavoidable circumstances some money was overdue of said loan for the said period. The Complainant made transaction with the O.P member regularly in connection with the A/C no.5113250001038. Thereafter,the Complainanton 11.02.2019 when deposited the insurance premium to the LICI and that time the Complainantcame to know that his life insurance policy already surrendered by the O.P member. It has been informed by the LICI office that O.P member illegally and unlawfully, without any prior information or notice to the Complainantsurrendered schedule insurance policy and liquidated the amount, for which the Complainant has suffered irreparable loss and damages. Thereafter the Complainantand his wife’s have no Life insurance policy. The O.P member by negligently, deliberately and willfully did not send any notice or information to the Complainantregarding loan overdue or any dues exes etc. before and after surrender of schedule life insurance policy. Thereafter on 11.02.2019 and 04.03.2019 for requirement of information about said matter the Complainantsent a letter under provision of RTI Act. but O.P did not supplied any information to the Complainantregarding loan and insurance policy matter. Till now O.P or his office did not co-operate with the Complainantin all the matters, O.P intentionally, willfully and by ill motive without prior information withdrew the pre matured the schedule LICI Policy. Without notice and without any opportunity to the Complainant, O.P member stopped the loan account and due to said reason Cibil / credit score of the Complainantis very bad and got damaged as a result the Complainant could not avail of loan from financial institute and bank. At the time of sanction one bank refused to sanction the loan to the Complainant. The Cibil report of the Complainantis bad due to activities of O.P and for this reason the Complainant failed to get loan for his business and suffered a huge business loss and damages.Despite several request to O.P for solving the matter no fruitful result came out from the side of O.P. even O.P did not supply any bank statement to the Complainant. On 10.01.2020 the Complainantfiled a Complaint to The Assistant Director Consumer Affairs and Fair Business Practices, Purba Medinipur at Tamluk for peaceful mediation about the said matter. The Assistant Director Consumer Affairs and Fair Business Practices, Purba Medinipur at Tamluk, fixed on 10.02.2021 for peaceful mediation and sent a letter to O.P for appearance of both the parties for mediation. On 03.03.2021 the Complainantand O.P appeared before Ld. CA & FBP at Tamluk but not fruitful result on that mediation. O.P denied all claim of the Complainant. Ld. CA & FBP at Tamluk suggested to the Complainantmove before this forum for redressal. Owing to said occurrence and such types of activities by O.P, the Complainant fell in hardship and has been suffering a lot of mental pain and agony. The Complainantseveral times met with O.P but he intentionally harassed day after day to Complainant. The Complainantsubmits that, the OP is not interested in settling genuine and legitimate claim, which has caused grave loss and untold hardship to the Complainantfor which OP is responsible and liable. The cause of action arose of this case on and from 03.03.2021 accordingly. In the aforesaid circumstances the complainant/ petitioner has been constrained to take the shelter of law. Under such circumstances the complainant/ petitioner humbly prays that The Commission may graciously be pleased to pass necessary order / orders for meeting up loss of Rs. 1,00,000/- for withdrawal of pre mature LICI Policy, for loss of cibil damages, compensation , harassment, mental pain and agony etc. of Rs. 5,00,000/-, for litigation cost of Rs. 20,000/-, for other reliefs as the Complainant is entitle to get as per law and equity.

Notices were duly served upon the ops. However, these ops have preferred to see that the case be decided ex-parte against it.

Points for determination are:

1. Is the case maintainable in its present form and in law?   

2.  Is the Complainant entitled to the relief(s) as sought for?

Decision with reasons

Both the points, being inter related to each other, are taken up together for discussion  for sake of brevity and  convenience.

We have carefully perused the affidavit of the complainant and evidence produced by Complainant. On appraisal of the materials on records along with bundle of facts it appears that the complainant is a Consumer in respect of the transactions made by him with the O.Ps in the matter of loan. The ops acts have made it a continuous cause of action by not settling the matter before the office of the Assistant Director, C.A. & F.B.P., Purba Medinipur. The case is maintainable in its present form and in law.

        Now , on careful evaluation of the evidence of the complainant, it appears that he himself stated that during his business tenure his business fell in a trouble due to crisis of market and unavoidable circumstances some money was overdue of said loan for the said period. However he has not stated that he ever took any initiative to make payment of the defaulted installments. Rather, it appears from the letter dated 25.01. 2023 issued by the op for settlement of the Dues Amount to the tune of Rs.33,953 as NPA BALANCE PLUS INTEREST IN THE LOK ADALAT. But the complainant did not respond to the said notice for settlement. Instead, he has filed this case after 4 days of the THE LOK ADALAT dated 11.02.2023.The complainant being in wrong footing can not claim any damages or compensation. The op who was given the liberty to adjust the loan dues by premature withdrawal of the LICI Policy by the complainant  through his contractual obligation ; so there can not be any deficiency of service on its part . The complainant has failed to bring home the elements of deficiency of service against the op. As such the complainant is not entitled to get any relief in this case.

Accordingly, points are decided .

The complainant case does not succeed.

Hence, it is

O R D E R E D

That the CC/10 of 2023 be and the same is dismissed ex-parte against the OP.No order as to costs is passed.

Let a copy of the judgment be supplied to the complainant free of cost.