Punjab

Moga

CC/15/79

Gurdev Singh - Complainant(s)

Versus

The Ferozepur Central Co-Operative Bank Limited - Opp.Party(s)

Smt.Gurpreet Kaur Malke

30 Nov 2015

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MOGA.

 

                                      C.C. No. 79 of 2015

                                                                Instituted On: 30.09.2015

                                                  Decided On: 30.11.2015

 

Gurdev Singh, aged about 57 years son of Kashmir Singh, resident of Village Attari, Tehsil Dharamkot, District Moga.

Complainant 

Versus

 

The Ferozepur Central Co-Operative Bank Limited, Branch Village Balkhandi, Tehsil Dharamkot, District Moga.  

 

Opposite Party

 

 

Complaint under section 12 of the

Consumer Protection Act, 1986.

 

 

 

Coram:      Sh.S.S.Panesar, President

                   Smt.Vinod Bala, Member

                   Smt.Bhupinder Kaur, Member

Present:      Smt.Gurpreet Kaur Malke, Advocate Cl. for complainant.

                    Opposite party exparte.

 

ORDER

(S.S.Panesar, President)

                  Complainant has filed the present complaint under Section 12 of the Consumer Protection Act, 1986 (hereinafter referred to as ‘Act’) against The Ferozepur Central Co-Operative Bank Limited, Branch Village Balkhandi, Tehsil Dharamkot, District Moga (herein-after referred to as opposite parties)- directing them to Rs.8,00,000/- as compensation on account of mental an physical harassment and Rs.11,000/- as litigation expenses to the complainant or any other relief which this Forum may deem fit and proper may be passed.  

2.                Briefly stated the facts of the case are that complainant has one saving account with opposite party since long. In the year, 2000, the opposite party introduced a policy by saying that bank has launched a Life Assurance Policy for its regular customers under the name of "Sehkari Bank Bima Yojna" under said policy complainant has to pay Rs.1100/- one time and against the said policy in case of accident of the complainant, opposite party bank will pay all the medical expenses borne by the complainant. On the allurement of the opposite party, the complainant has purchased the said policy from the opposite party and in this regard, opposite party has issued a new Pass Book bearing stamp of 'Sehkari Bank Bima Yojna account' bearing account no.611. On 27.07.2014, when complainant was coming to Moga on this scooter, then suddenly an animal came in front of the scooter of complainant and complainant received injuries and admitted in Rajeev Hospital, Moga, wherefrom he was referred to DMC, Ludhiana and remained admitted there under treatment of various doctors for a long period and he spent about Rs.8 lacs on his treatment. After recovery from the injuries, the complainant visited opposite party many times and requested the opposite party to admit his claim, but instead of admitting the claim of the complainant, opposite party have misbehaved with the complainant. The complainant also served a legal notice dated 11.08.2015 upon the opposite party, but to no effect. The services rendered by the opposite parties are deficient and complainant has been harassed unnecessarily. Hence this complaint.

3.                Upon notice, despite due service, none has put appearance on behalf of opposite party, as such, opposite party was ordered to be proceeded exparte.

4.                In his exparte evidence, the complainant Gurdev Singh appeared in witness box as his own witness and filed her duly sworn affidavit Ex.C-1 in support of his allegations made in the complaint and affidavit of Sh.Jagtar Singh s/o Gulzar Singh Ex.C2. The complainant also produced on record photocopies of the documents Ex.C-3 to Ex.C-88.

5.                We have heard learned counsel for complainant and have carefully gone through record placed on file.

6.                From the perusal of evidence on record, it becomes evident that complainant has not produced on record copy of the insurance policy on the basis of which the instant complaint has been preferred. No doubt an account was opened with The Ferozepur Central Co-operative Bank Limited, Branch Village Balkhandi, Tehsil Dharamkot, District Moga on 29.01.2000 purportly obtaining some insurance policy. The perusal of passbook Ex.C-4 shows that premium to the tune of Rs.1100/- was deposited in the year 2000, thereafter no amount on account of premium has been deposited. The contention of complainant that it was one time deposit of premium, but the same does not find any corroboration from the evidence on record. It shows that complainant has miserably failed to prove that he was still under the insurance cover, when he had to receive medical treatment at DMC and Hospital, Ludhiana on 27.07.2014. Since the insurance cover alongwith terms and conditions has not seen the light of the day in this Forum, therefore the complaint filed by the complainant appears to be filed without any basis. As such, the complaint is liable to be dismissed being false and frivolous and the same is ordered to be dismissed accordingly. However, filing of this complaint, will not deter the complainant from filing any other proceedings in some other appropriate Forum for getting the mediclaim in dispute recovered. Copies of the order be sent to the parties free of cost immediately and thereafter the file be consigned to the record room.

 

 

                   (Bhupinder Kaur)          (Vinod Bala)        (S.S. Panesar)

                      Member                          Member               President

 

Announced in Open Forum.

Dated:30.11.2015.