::BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AT BIDAR::
C.C. No.119/2016.
Date of filing: 06.12.2016.
Date of disposal: 28.11.2018.
P R E S E N T:-
(1) Shri. Jagannath Prasad Udgata, B.A., LL.B.,
President
(2) Shri. Shankrappa (Halipurgi),
B.A.LL.B.,
Member.
COMPLAINANT/S: 1. Mr.Pandit R. Sirsikar,
Age:Major, Occ: Railway Employee,
R/o H.No.9-5-531 Near Irani Masjid
Bhadroddin Colony Chiri Road Bidr
Karnataka-585403.
( By Sri.P.M.Deshpande.,Adv.)
VERSUS
OPPONENT/S: 1) The Director and Chairman HBN Dairies and
Allied Ltd. 5th Floor D-Mall Shopping Complex
Outer ring road, Pashim Vihar NweDelhi,
Delhi 110087.
2). The Branch Manager HBN Dairies and Allied,
Bidar Kalpana State Complex in front of
Axis Bank Bhoom Reddy College Road
Bidar Karnataka-585401.
3). Pastor VijayKumar Suryawamshi Distrubutor
(Policy Agent) of HBN Dairies and Alled Ltd,
Post Box No.24, Banselki Road
Tq: Udgir Dist: Latur, Maharastra-413512.
(By. R.3.Sri.Vijaykumar., Party.
R.1 and R.2. Exparte.)
:: J UD G M E N T ::
By Shri. Jagannath Prasad Udgata, President.
In this case, the complainant a depositor of O.P.No.1 and 2 through the O.P. No.3 has alleged deficiency of service in the part of the O.P.s, thereby filing complaint u/s 12 of the Consumer Protection Act.1986.
2. As per the complaiannt, he was canvassed by the O.P.NO.3 to purchase HBN dairies and Allied Insurance Policy of the former two O.P.s. The policy was for some cattle cost for which he had paid monthly installment @ Rs.1040/- and the same was to be matured at a figure of Rs.1,17,000/-. The Policy registration number was E09BD 0330005797- Distributor Code-0330006510/- 010002914 and the date of Commencement was 29.07.2009. The expiry date of the policy was 29.10.2015. The complainant submits after the stipulated periord he approached the opponents on 10.12.2015 for settlement of his claim, having paid all the monthly installments for a period of 75 months. Though initially he was assured by the O.P.No.3 that, his payments would be settled within three months, it was never acted upon for which he sent notices by Regd. Post with A.D.. The said posted covers were not received by the opponents. He therefore, lodged another complaint through e-mail sending the complaint to 3. The opponents No.1 and 2 having been duly served notices did not appear and were placed exparte. The O.P.No.3 though was appearing sporadically in person had filed versions on 04.03.2017 but has not choosen to lead any evidence. In the versions he has claimed that, he was a mere agent and further that, he had remitted the installments amounts to the opponents No.1 and 2 and they are only liable to pay the maturity amount to the complainant. There being no stipulations in the bond fixing payment liability on the agent, no responsibility should be fixed on him and admitting the fact of payments, he has requested to consider the pleadings of the complainant positively. We find merit in the canvassment of the O.P.No.3.
4. The complainant has filed evidence affidavit reiterating the standpoint of the complaint averments and has filed umpteen number of document as listed below justifying his case. The facts so alleged and documents produced having gone unchallenged, we hold that, there is a massive deficiency of service and unfair trade practice by the opponents No.1 and 2 and proceed to pass the following:-
ORDER.
- The complaint is allowed in part.
- The opponents No.1 and 2 are hereby jointly and severally directed to pay the claimed maturity amount of Rs.1,17,000/- together with interest @ 12% p.a. there on calculated from the date of filing of this case till realisation;
- The opponents No.1 and 2 are further directed to pay a compensation amount of Rs.10,000/- and litigation expenses of Rs.5,000/- to the complainant;
- Four weeks time granted to comply this order aforesaid;
- Case against O.P.No.3 is dismissed.
(Typed to our dictation then corrected, signed by us and then pronounced in the open Forum on this 28th day of November 2018).
Sri. Shankrappa H. Sri. Jagannath Prasad
Member. President.
Documents produced by the complainant
- Annexure.A-Copy of Policy No.E09BD0330005797 issued by
opponents. - Annexure.B.1 to B.54– Cash receipts.
- Annexure.C- Copy of Maturity receipt.
- Annexure.D–Copy of Post office Pass book.
- Annexure.E- Copy of Voter I.D. Card.
- Annexure.F- Copy of ration Card.
- Annexure-G- Copy of notice date:20.08.2016.
- Annexures.H,J &K- Postal receipts.
- Annexure.L to N- Returned postal covers.
- Annexure-P- Copy of e correspondence date: 21.10.206.
- Annexure-Q- Copy of e-correspondence date: 25.10.2016.
- Annexure.R-Copy of complaint status report date:24.10.2016.
Document produced by the Opponents.
-Nil-
Witness examined.
Complainant.
- P.W.1- Pandit R.Sirikar Complainant.
Opponent.
-Nil-
Sri. Shankrappa H. Sri. Jagannath Prasad
Member. President.
