Present (1) Nisha Nath Ojha,
District & Sessions Judge (Retd.) President
(2) Smt. Karishma Mandal,
Member
Date of Order : 31.07.2017
Nisha Nath Ojha
- In the instant case the Complainant has sought for following reliefs against the Opposite party:-
- To direct the opposite parties to pay the insured amount of Rs. 10,305/- along with 18% interest.
- To direct the opposite parties to pay Rs. 20,000/- ( Rs. Twenty Thousand only ) as Compensation.
- To direct the opposite parties to pay Rs. 10,000/- ( Rs. Ten Thousand only ) as Litigation costs.
- The facts of this case lies in a narrow compass which is as follows:-
That complainant has asserted that Union Bank of India has made insurance policy being no. 2000980542 dated 08.01.2001 for cash credit account and deposited fixed premium amount through National Insurance Company Ltd. The aforesaid insurance have been made under shopkeeper insurance policy.
It is further case of the complainant that he has taken loan from Union Bank of India. The aforesaid loan amount was insured vide annexure – 1 series.
The further grievance of the complainant is that after returning the aforesaid loan. Insurance company has to return the insurance premium amount because the complainant already paid the loan.
It has been stated that the bank has written several letters to insurance company for returning the premium of the aforesaid policy vide annexure – 2 and when the grievance of the complainant is not fulfilled then he has given a legal notice as will appear from annexure – 3.
No written statement has been filed on behalf of opposite party no. 1. But on behalf of opposite party no. 2 ( i.e. National Insurance Company Ltd.) a written statement has been filed stating therein that the policy in question expired on 07.01.2002 and the petitioner company extended the insurance cover during policy period and the opposite party no. 1 had never informed the opposite party no. 2 regarding premium of the policy.
In Para – 7 and 8 of the written statement of opposite party no. 2 the following facts have been asserted, “that as per paragraph 6 (C) of the complaint petition it is crystal clear that Bank had written letter on 08.04.2006 after expiry of policy period and there is no provision for refund of premium after expiry of policy period.”
“that so far statement made in paragraph 6 (B) that the complainant had requested the Bank for refund of premium within one week from commencement of policy is concerned it is between bank and complainant as the complainant or the bank never took any steps for refund of premium during policy period. it is pertinent to mention here that this insurance company has no knowledge about policy issued by United India Insurance Co. Ltd.”
Heard the complainant and opposite party no. 2 no one appeared on behalf of opposite party no. 1.
Complainant has stated that opposite party no. 1 had informed the opposite party no. 2 regarding refunding the premium but opposite party no. 2 has strongly denied in Para – 6 of written statement.
On behalf of complainant no rejoinder has been filed.
Opposite party no. 2 has stated that this matter is between opposite party no. 1 and the complainant and opposite party no. 1 has not appeared. Hence we are not in a position to know the real fact.
However, we feel that the complainant may file appropriate representation to opposite party no. 1 and if such application is filed then opposite party no. 1 is directed to pass appropriate order within the period of two months date of filing of representation by the complainant.
Accordingly this complaint stands disposed off.
Member President
