IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MURSHIDABAD AT BERHAMPORE.
CASE No.CC/137/2014.
Date of Filing: 10.10.2014. Date of Final Order: 26.08.15.
Complainant: Keshab Chandra dutta, C/O Amarnath Dey, 90, R.N. Tagore Road,
Laldighi, P.O. Berhampore, Dist. Murshidabad. Pin-742101.
-Vs-
Opposite Party: The Branch Manager, Indian Overseas Bank, 5/3, R.N. Tagore Road,
Berhampore Br.P.O. Berhampore, Dist. Murshidabad. Pin 742101.
Present: Sri Anupam Bhattacharyya ………………….President.
Sri Samaresh Kumar Mitra ……………………..Member.
Smt. Pranati Ali ……….……………….……………. Member
FINAL ORDER
Sri Anupam Bhattacharyya, Presiding Member.
The instant complaint has been filed by the complainant u/s 12 of C.P. Act, 1986 praying for getting the copy of acknowledgment in respect of his paid liability Insurance Premium and also compensation of Rs.10, 000/- due to mental harassment and as litigation cost.
The complainant’s case is that the complaint has taken house building loan of Rs.10 lacs from OP /Bank for20 years and he has paid one time Insurance Premium of Rs.9,697/- on 25.09.12 through his SB A/c with OP-Bank . But, in spite of several reminder the OP-bank has not supplied any such acknowledgment receipt for such Insurance Policy for the protection that if any death of the borrower happens during currency of the loan period, the nominee i.e his wife should not repay the outstanding loan amount(if any) with interest to the Bank. Then the complainant has filed this complaint for getting original acknowledgment of that Insurance Premium. Hence, the instant complaint.
The written version filed by the OP-bank, in brief, is that he Insurance Company has not been impleaded in this case and for that the case is bad for defect of parties. The education of the impugned Insurance Premium for Rs. 39,697/- has been shown in the S.B.A/c of the complainant and also reflected the same in his loan A/c on the same as to payment of such Insurance Premium. The complainant was informed by the bank that his mater Policy No. 716970 and Membership No. 1609/00001 and told to see this into website of the LICI. The Bank has given him Acknowledgment letter of Rs.39697.00. The Bank is ready to give a Xerox copy of Mater Policy No. 416970 of LICI. Nobody gets receive copy as soon as entered into this Group Master Policy except account statement. The OP-bank forwarded letter of the complainant dt. 29.06.13 to the Regional Office regarding receive copy on 3.07.13. There is no case of harassment of the complainant. The complainant is not entitled to get any relief as claimed for. Hence, the instant written Version.
Considering the pleadings of both parties the following points have been framed for the disposal of the case.
Points for consideration.
- Whether the case is maintainable as per law and fact?
- Whether the case is barred by law of limitation?
- Whether the complainant is entitled to get relief as prayed for?
- To what other relief/relief the complainant may get?
Decision with reasons.
Point Nos. 1 to 4.
All the points are taken up together for discussion for the same of convenience this complaint is for getting acknowledgment receipt for payment of one time Insurance Premium in his loan A/c.
This payment of Insurance Premium of Rs.39, 697 by the complainant in connection with his loan A/c for Rs.10 lacs for the period of 20 years to protect the complainant from payment of outstanding loan by his nominee who is his wife in case of his death.
This Insurance Policy is a master policy.
The OP bank has filed written argument and has also filed the relevant documents duly attested derived from net as to deduction of Insurance Premium of this master policy in respect of several loanee under one master policy being No. 416970 including the complainant.
The complainant has adduced evidence on affidavit of himself and also filed the relevant documents in support of his case.
Also, the OP has filed evidence on affidavit.
Considering the evidence adduced by both sides on affidavit and the documents filed by and also considering the arguments advanced by both sides we find that we find that the complainant is entitled to get the documents as prayed for.
The complainant himself has advanced argument showing his bank statement as to deduction of Rs.39,697 towards onetime payment of the impugned Insurance Premium and the same has been corroborated by the receipt of Rs.39,697/- issued by the OP bank but the document showing entry in respect of payment of premium for the master policy shows payment of Rs.37245/- .
Relating to this discrepancies the Ld. lawyer for the OP has advanced argument referring the written argument in this regard that the said discrepancies for the amount of Rs.2452/- is the commission earned by the OP-bank from the LICI towards this master policy and the same has nothing to deal with the complainant.
He has argued that for the same the complaint has nothing to suffer so far his Insurance Policy for the loan is concerned.
In this regard, the complainant argued that the transparency of the OP-bank is not reflected for absence of details regarding amount collected from the complainant towards Insurance Premium.
Be that as it may, the receipt issued by the OP-bank should be transparent and the details be reflected.
Considering the facts and circumstances of this particular case, we are of view that the complainant is not entitled to get compensation.
Considering the above discussions we find that all these points are disposed of in favour of the complainant in part and as such the complainant is entitled to get relief as prayed for except compensation.
Hence,
Ordered
that the Consumer Complaint No. 137/2014 be and the same is hereby allowed on contest in part.
The complainant will get Acknowledgment of Receipt in respect of his paid Liability Insurance Premium of Rs.39, 697/- in respect of Master Policy No. 416970.
The OP is directed to supply the acknowledgment of receipt of Liability Insurance Premium of Rs.39, 697/- with details break-up in respect of Master Policy No. 416970 within one month from the date of this order, failing which the OP has to pay Rs.50/- as fine for each day’s delay and the amount so accumulated shall be deposited in the Consumer Legal Aid Account.
Let a plain copy of this order be made available and be supplied free of cost, to each of the parties on contest in person, Ld. Advocate/Agent on record, by hand under proper acknowledgment / be sent forthwith under ordinary post to the concerned parties as per rules, for information and necessary action.
