By. Sri. K. Gheevarghese, President:-
The complaint filed against the opposite party for the refund of the insurance amount already debited in the account of the complainant.
2. The complaint in brief is as follows:- The complainant is a loanee of the opposite party Bank availed amount for the purchase of a vehicle. The complainant remitted Rs.3,924/- as the premium of the insurance for a period of one year from 27.07.2011. The remittance of the premium by the complainant was only after informing the opposite party Bank that the premium of insurance for the relevant year would be remitted by himself. Even after payment of the insurance premium by the complainant the opposite party debited Rs.3,924/- in the account of the complainant. The act of opposite party is a deficiency in service, the debited amount of Rs.3,924/- in the account of the complainant is nothing but deficiency in service and the complainant had to suffer a lot and it is to be compensated with Rs.5,000/- along with refund of the debited amount Rs.3,924/-.
3. The opposite party filed version in short it is as follows:- The opposite party sanctioned loan of Rs.1,24,000/- for the purchase of Piaggio Ape D-38 Autorickshaw on 27.07.2009. The terms and conditions of the agreement elucidates the remittance of the premium to pertain the insurance of the vehicle. The policy coverage of the vehicle was timely remitted from 27.07.2009 onwards for each year and the premium amount credited to the insurer was debited in the account of the complainant for the previous years. The opposite party remitted premium amount on 28.07.2011 and renewed the insurance after that on 28.01.2012 the complainant informed the opposite party that instead of renewing the insurance by the earlier insurer, the complainant insured the vehicle in an another insurance company named New India Assurance, Kalpetta Branch and amount remitted for the renewal of insurance in the United India Insurance would be given back to the complainant.
4. This opposite party had no indifference if the complainant would have renewed the insurance in an another company after informing this opposite party. Upon information from the complainant this opposite party initiated steps for the refund of the remitted amount and this opposite party credited in to the account of the complainant Rs.1,825/- which was received from the United India Insurance on 29.02.2012. There is no deficiency in service on the part of this opposite party. The claim of the complainant for the interest of the amount debited in the account of the opposite party is not reasonable. The complainant has no hardships or any inconveniences caused by this opposite party. In case if any it is to be proved by complainant himself. The complainant is not maintainable it is to be dismissed with cost to this opposite party.
5. The points that are to be decided:-
1. Is there any deficiency in service on the part of the opposite party in the remittance of the premium?.
2. Relief and Cost.
6. Points No.1 and 2:- The evidence in this case consist of the proof affidavit of the complainant and opposite party. Exts.A1 and B1 to B7 are the documents produced. The oral testimony of the complainant and opposite party is also brought out here.
7. Ext.B1 is the attested copy of the Memorandum of Agreement executed with the banker and a loan of Rs.1,24,000/- was granted to the complainant as averred in the complaint. Clause 13 of the Agreement makes banker at liberty to remit the insurance premium. Exts.B3 and B4 are the copy of the Certificate of insurance remitted by the opposite party in the United India Insurance Company during the period 2010-11, 2011-12 respectively. The complainant has no objection in the remittance of the premium by the opposite party during the year 2010 to 2011 in United India Insurance Company, Kalpetta Branch. The insurance company was changed by the complainant and the premium remitted by himself after intimating the opposite party is not supported by any evidence.
8. According to the opposite party upon information of the complainant that he himself remitted the insurance premium in an another insurance company in the relevant period, the opposite party bank initiated steps for the return of the premium remitted and Rs.1,825/- was credited in to the account of the complainant dated 07.03.2012. Which is the amount refunded by the particular insurance company after lessing the other charges. The complainant has not brought out in evidence that the subsequent change of the insurance company by the complainant was after informing the opposite party bank and the remittance of the premium by the opposite party in the insurance company cannot be considered as a deficiency in service.
In the result the complaint is dismissed. No Order as to cost and compensation.
Pronounced in Open Forum on this the day of 30th May 2012.
Date of Filing:24.01.2012.
