West Bengal

Bankura

CC/11/2023

Sri Gopal Goswami - Complainant(s)

Versus

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

24 Aug 2023

ORDER

   IN    THE   DISTRICT   CONSUMER   DISPUTES   REDRESSAL COMMISSION, BANKURA

  Consumer Complaint No. 11/2023

        Date of Filing: 30/01/2023

Before:                                        

1. Samiran Dutta                              Ld. President.      

2. Rina Mukherjee                          Ld. Member. 

3. Siddhartha Sankar Bhui            Ld. Member.

 

For the Complainant:  Ld. Advocate Subhendu Guin appointed through D.L.S.A., Bankura

For the O.P. : Ld. Advocate Prabir Banerjee

 

Complainant

Sri Gopal Goswami, S/O- Late Kalipada Goswami, Vill.- Sitaram pur, P.O.- Masiara, P.S.- Hirbandh, Dist.- Bankura

 

Opposite Party

1.The Branch Manager, Punjab National Bank, Masiara Branch.

2. PNB Metlife India Insurance Company Ltd., Shakespeare Sarani No- 20A, 1^st & 2^nd Floor, Park Street., Kolkata-700016.

 FINAL ORDER / JUDGEMENT             

                                                                                                                                              

Order No.07

Dated:24-08-2023

Both parties filed hazira through advocate.

The case is fixed for argument.

Prayer for adjournment on behalf of the Complainant is considered but rejected.

After hearing argument from the O.P./Insurance Co. the Commission proceeds to dispose of the case as hereunder.

The Complainant’s case is that he is an Account holder No. being 2185000100002876 with O.P. No.1, P.N.B. and an Insurance Policy No. being 20744044 was issued on 01/02/2012 by O.P. No.2 on payment of first premium amount of Rs.11,849/-.  Though the loan account with O.P. No.1 has been settled by issuance of No dues Certificate but the Insurance settlement amount of Rs.11,849/- on lapse of the Policy  for which Cheque has been issued by O.P. No.2 is still unpaid to the Complainant in spite of several persuasion and reminders. The Complainant has therefore approached this Commission for refund of Rs.11,849/- to his Bank Account with compensation and other reliefs.

O.P.2 contested the case by filing a written version denying all the material allegations in the complaint but admitting therein that the Account Payee Cheque has already been issued in favour of the Complainant for Rs.11,849/- vide Cheque No.849113, dated:21/03/2018 drawn on HDFC Bank, Gurgaon. The O .P. No.2 has thus discharged their liability and there cannot be any deficiency in service on their part if the Cheque remains un-encashed for any reason whatsoever. O.P. No.2 is however ready and willing to refund the first premium  amount of Rs.11,849/- though it is not admissible as per terms and conditions of the Policy.

O.P. No.1, P.N.B. did not contest the case by filing any written version.

                                                                                                                                                                                  Contd……p/2

 

                                                                                                            Page: 2

-: Decision with reasons: -

Having regard to the facts of the case, contention, submission and documents on both sides the Commission finds that only controversy between the parties is un-encashment of the aforesaid Cheque which has already been issued by the O.P. No.2 in favour of the Complainant.

O.P. No.1 is the Banker of the Complainant where the said Cheque was deposited but anyhow the Cheque could not be cleared for the reason best known to them.

The Commission is not aware for what actual reason the aforesaid Cheque is still un-encashed and unpaid. In such circumstances only option left to the O.P. No.2/Insurance Co. is to revalidate the said Cheque provided the original Cheque is produced before the O.P. No.2 or to re-issue fresh Cheque in favour of the Complainant for the same amount. The original Cheque has not been returned to the Complainant by O.P. No.1 but the same has been returned to the O.P. No.2 as claimed by the letter of O.P. No.1 dated:.18/11/2020.

The case therefore succeeds.

Hence it is ordered……..

That the case be and the same is allowed on contest against O.P. No.2 but Ex-parte against O.P. No.1

O.P. No.2 is directed to revalidate the Cheque already issued as aforesaid within forty five days on receipt of the Original Cheque from O.P. No.1 if not already received by O.P. No.2 and if this could not be done for any reason the O.P. No.2 is directed to re-issue fresh similar Cheque in favour of the Complainant treating the earlier Cheque issued as cancelled or alternatively the claim amount of Rs.11,849/- may be transferred to the Account of the Complainant by NEFT method.

Both parties be supplied copy of this Judgement free of cost.

 

 ____________________                _________________            _________________

HON’BLE   PRESIDENT           HON’BLE MEMBER         HON’BLE MEMBER