West Bengal

Dakshin Dinajpur

CC/31/2022

Mr. Ujjal Basak, S/O- Late Bhupati Basak - Complainant(s)

Versus

The Branch Manager, Punjab National Bank Ltd. , Gangarampur Branch - Opp.Party(s)

Santanu Dey

31 Aug 2023

ORDER

The instant case has been initiated under section 35 of the Consumer Protection Act, 2019 claiming an amount of Rs.01,69,922/- + 10.2% P.A. interest on and from 23.08.2018 to till realization +  Rs.05,00,000/- towards compensation + Rs.50,000/- towards litigation cost  (Total amount = Rs. 7,19,922/-)

 The fact of the case, in brief, is that the complainant had purchased on TATA ACE celebration four wheeler vehicle under hypothecation of United Bank of India, Gangarampur Branch (at present known as Punjab National Bank) in the year 2011. The complainant took loan of Rs.02,52,000/- from the branch of Opposite Party (i.e. UBI at present PNB) on 09.06.2011 and deposited two LIC policy deed vide number i.)452183727 Sum assured Rs. 60,000/- & ii) 453922107 Sum assured Rs.01,50,000/- as security against said loan. The said LIC policy deeds were assigned in favour of Opposite Party branch in connection with Transport Loan Account number 0236300048295 and it is pertinent to mentioned here that complainant regularly paid the premium of both the LICI policies during pendency of his Loan. The LICI policy number 453922107 will cover the life of proposer i.e. complainant namely Ujjal Basak with condition that the proposer will pay premium @ Rs.10,840/- per year on and from 30.11.2005 and the date of maturity of said policy was November 2021. The complainant has paid the premium of LICI policy number 453922107 till 25.12.2017 through cheque. The complainant had repaid the entire loan amount of Opposite Party / Bank in connection with Loan A/C  No. 0236300048295 on 04.04.2013 and the then Branch manager also issued No Objection Certificate / No Dues Certificate/ Clearance Certificate against aforesaid loan account in favour of complainant. On 11.01.2018 complainant gets the maturity value of Rs. 01,10,580/- from LICI  policy No. 452183727 to his savings bank account number 0236010145441 i.e. through Opposite Party / Bank as the policy was assigned with the then UBI, Gangarampur Branch, Dakshin Dinajpur. In the year 2018 when complainant went to LICI office to make payment of next premium amount of policy number 453922107 then he came to know from the LICI Balurghat Branch office that the policy number 453922107 has been surrendered by Opposite Party /Bank on 23.08.2018. The Opposite Party has surrendered the Policy No. 453922107 to LICI office (without giving any information to complainant) after 5 years of realization of entire loan amount  as well as closer of complainant loan account. Immediately after knowing about the fact of surrender, complainant went to the Branch manager UBI, Gangarampur Branch but he avoided the complainant by way of suppressing the real fact. After  a long gap complainant was able to collect status report of the said policy number 453922107  from the office of the LICI, Balurghat Branch, Dakshin Dinajpur and it appears from said report that the running Policy of complainant was surrendered by Opposite Party / Bank before its maturity date. The complainant lost his life coverage due to non continuation of said LICI Policy No. 453922107 and also lost the full maturity value against said policy number 453922107. The complainant faced loss of Rs. 05,00,000/- (Rupees Five lakh) only ( i.e. Life coverage +negligent and whimsical act of Opposite Party No.1/ Bank) and Opposite Party / Bank is totally liable to compensate the complainant for this negligent  & whimsical act. Due to non co-operation of Opposite Party / bank officials, complainant approached to LICI in order to get detail information about the payment of surrender value of policy number 453922107 on 14.01.2022 and the complainant received information from LICI on 19.01.2022. It appears from the letter of LICI in connection with policy number 453922107 that Opposite Party / Bank has received Rs.01.69,922/- (Rupees One Lakh Sixty Nine thousand nine hundred twenty two) only on 23.08.2018 as surrender value against policy number 453922107 and said amount has been credited to A/C No. 02360125001020 of Opposite Party / Bank vide UTR No. CMS 894884383.  Ridiculously, the Opposite Party / Bank has suppressed the aforesaid matter to the complainant  and did not transferred the said amount to the S/B account of complainant till to date in spite of repeated verbal request of complainant and in spite of having full knowledge of everything. The Opposite Party with oblique motive did not provide any details of posting of the then Branch manager of UBI, Gangarrampur Brnach, Mr. Syama prasad Kulavi, in order to harass the complainant. The complainant requested Opposite Party several times to negotiate the matter but Opposite Party did not pay any heed to the requests of complainant. The total crisis has been created for the negligent act of Opposite Party and for not rendering proper service to the bona fide consumer. And for such negligent act, the Opposite Party should be held liable to compensate the complainant. The complainant issued Advocate notice on 17.02.2022 through registered post to Opposite Party  and the Opposite Party  received the said notice on 21.02.2022 but till to date the Opposite Party  neither give any reply nor the Opposite Party  tried to solve the problem / loss of complainant in any manner. Accordingly the complainant is facing great trouble, mental pain, agony and financial loss and harassment. The complainant requested to Opposite Party to make necessary arrangement for refund Rs.01,69,922/- (Rupees One Lakh Sixty Nine Thousand Nine Hundred Twenty Two) only (Surrender value against policy No. 453922107)  and also requested to pay interest on and from 23.08.2018 and also requested to pay compensation @ Rs. 05,00,000/- to the complainant within 07 days from the date of receipt of said notice but till  to date Opposite Party did not response and the family member of complainant suffers much more.. Having no alternative, the Complainant filed the instant case for redress.

           Notice was issued upon the Opposite Party and after receiving the notice the opposite party appeared before this Commission and filed his written version.

             By filing written version, the Opposite Party has stated that the true facts is that there was to policies of the petitioner which were mortgaged to the Opposite Party / Bank, vide LICI policy No. 452183727 and policy No.4539922107. The plaintiff has get back the maturity of one policy from the LICI due to full co-operation of the Opposite Party and it has admitted in Para -7 of the plaint. The petitioner took loan on 09.06.2011 and get NOC (No Objection Certificate) on 04.04.2013 due to full payment of the loan amount. It is worthy to state that the petitioner enjoyed two policies out of which he has encash one policy and he was silent on that time regarding other policy which is proof of his latches. It is great latches on the part of the petitioner why he was silent regarding his second policy, specifically when he had obtained the “NOC” from the Opposite Party / Bank. The Opposite Party / Bank has fully co-operated with the petitioner and there was no latches of the Opposite Party / bank, the proof of co-operation of the Opposite Party is always established in his petition. It is true fact that presently the Opposite Party / Bank (United bank of India) has merged to P.N.B. and it is now under the logo of PNB and all claims & funds are squired. The entire fund is squired & under the custody of Opposite Party / Bank and petitioner has bad intention to claim huge amount from the Opposite Party / Bank that is why he stated the cause of action from the date of Advocate’s Notice.  There is no liability of any individual in any bank it is a team work of employees and it is difficult to identify the liability of any specific Branch Manager. Hence, the complaint petition is liable to be dismissed.

          In support of his case , the Complainant has filed the photo copies of the following documents  -

1. Invoice dt.27.04.2011 of Newline Autotrack Pvt. Ltd.
2. Receipt copy of M.V. Section
3. Policy deed of LICI no. 453922107

      4.  LICI policy deed assignment papers dated 12.05.2011 

      5.  Status report of LICI policy Deed no.453922107 dated 01.12.2018

      6.  Loan Clearance Certificate from Opposite Party dated 05.04.2013

      7.  Statement of loan account no. 0236300048295 of Complainant.

      8.  Pass Book of Complainant’s S/B account no.0236010145441

      9.  Prayer of Complainant dated 14.01.2022 addressed to O.P. 

      10. Official information fromLICI dated 19.01.2022 against policy no.   453922107.  

      11.  Advocate’s notice along with postal receipt dated 17.02.2022

        12.  A / D Card duly signed by Opposite Party against notice

         13. Deliver Track Consignment report against consignment  No.RW901915852IN .

             On the other hand the Opposite Party has failed to submit any document in support of in his defense.

              In view of the above mentioned discussions the following points are cropped up for determination.

 

               Points for determination:

1. Is the complainant a consumer to the Opposite Parties?
2. Is there any negligence and deficiency in service on the part of the Opposite Parties?
3. Is the Complainant entitled to get any relief/reliefs as prayed for?

 

                                                  REASONED DICISION

             

            We have heard argument by Ld. Advocates for the both sides at length.  Perused the materials on record, evidence on affidavit and written argument filed by the parties. We have also gone through the documents produced before us by the Complainant.

             At the time of argument, Ld. Advocate for the Complainant narrated the fact of the case as mentioned in the complaint petition. Ld. Advocate further submitted that Opposite Party has surrendered the LICI policy being no.493522107 of the Complainant before the LIC office illegally before the date of maturity and kept the said amount in his account of the Bank. Thus, the Opposite Party has misappropriated the amount of the Complainant. In spite of several request of the Complainant, the Opposite Party did not try to refund the LIC amount which has been kept in the account of the Opposite Party. The Opposite Party has willfully and negligently  harassed the Complainant.  The Complainant has proved his case so, he is entitled to get relief as prayed for.

          On the other hand, Ld. Advocate for the Opposite Party also narrated his defense case as mentioned in the written version. Ld. Advocate for the Opposite Party further submitted that the entire fund is squired and under the custody of the Opposite Party. The Complainant did not co-operate with the Opposite Party. There is no latches  or deficiency in service on the part of the Opposite Party. So, the instant case is liable to be dismissed.

 

Let all these points be discussed one by one -

 

Point  NO. 1 

 

              It is admitted by the Opposite Party  that the Complainant has taken loan from him to the tune of Rs.2,52,000/- on 09.06.2011 by depositing two LICI policy against the said loan. Hence, this Commission is of the view that the complainant is a consumer u/s 2(7) of Consumer Protection Act 2019.  

          Accordingly, this point is decided in favour of the Complainant.               

 

Points No. 2 & 3 

           Both these points are taken up together for the sake of convenience and brevity.

            Admittedly, The Complainant took loan of Rs.2,52,000/- on 09.06.2011 from the Opposite Party / Bank and as security he deposited LICI deed vide no.452183726 sum assured of Rs.60,000/- and another deed no.453922107 sum assured of Rs.50,000/- before the Opposite Party. Subsequently, the Complainant paid the entire loan amount of Opposite Party in connection with loan account no.0236300048295 on 04.04.2013 and the Opposite Party NOC in this regard. On 11.01.2018, the Complainant got maturity value of Rs.01,10,580/- from LICI policy no.452183727 to his S / B account no.0236010145441 through Opposite Party as the policy was assigned with the Opposite Party.  

      Now, when the Complainant , in the year 2018, went to pay the premium of LICI policy no.453922107, he came to know that the Opposite Party has surrendered the said policy on 23.08.2018 and received the value of the policy amounting to Rs.1,69,922/- and deposited the same in the own Bank Account of the Opposite Party. All these things happened behind the back of the Complainant and he is fully unaware of the same. Threrafter, the Complainant approached to the Opposite Party to refund the said money but the Opposite Party did not pay any heed.

 

        On the other hand , it is submitted  by the Opposite Party that the Complainant was silent regarding his second policy after payment of the entire loan and for this reason the Opposite Party surrendered the said LICI policy and received Rs.1,69,922/- and kept the same in his account.

 

         Here, it is clear that the Opposite Party surrendered the pre-mature LICI policy without informing the Complainant which resulted the loss of maturity value of Rs.5,00,000/- to the Complainant. Apart from it, after receiving the surrendered value of the said policy no.4539922107 of Rs.1,69,922/-, the Opposite Party kept the said amount in the account of the Opposite Party and not in the account of the Complainant as done before in respect of the LICI policy no.452183727 of the Complainant. This conduct of the Opposite Party shows that the intention of the Opposite Party was to misappropriate the said amount. In other words, it can be said that the Opposite Party has done fraud with the Complainant. Thus, we find great latches and deficiency in service on the part of the Opposite Party.

 

          In view of the above mentioned findings, this commission is of opinion that the Complainant is a consumer to the Opposite Party and there is negligence and deficiency in service on the part of the Opposite Party so, the Complainant is entitled to get relief as prayed for. .

 

       Accordingly, both these points are decided in favour of the Complainant.

   

  Hence, it is

                                                                      O R D E R E D

 

            That the complaint case No. 31 of 2022 be and the same is allowed on contest in part against the Opposite Party but with cost. 

            The Opposite Party is directed to pay a sum of Rs. 1,69,922/- together with an interest @ 8% p.a. from 23.08.2018( the date of surrender of LICI Policy) till full realization by issuing an account payee cheque in favour of the Complainant within 45 days from the date of passing of this order failing which the Complainant is at liberty to execute the order as per law. The Opposite Party is further directed to pay Rs. 15,000/- towards compensation and Rs.5.000/-towards litigation cost within the above mentioned period.

Let a plain copy of this order be supplied to the parties free of cost.