DATE OF FILING : 22/05/2015
DATE OF S/R : 06/07/2015
DATE OF FINAL ORDER : 29/02/2016
Sri Ashok Kumar,
S/O late K.P. Sinha,
Shanti Kunj Apartment BL H FL 003 20,
Round Tank Road, P.S. Shibpur
Howrah 711 101 ………………………………………………….. COMPLAINANT.
1. The General Manager,
State Bank of India,
Retail Assets Central Processing Centre,
Code No 10263,
9, G.t. Road (S)
Howrah 711 101.
2. The Branch Manager,
State Bank of India
Ganges Garden compound Shibpur
106, Kiran Chandra Singh Road,
Ganges Garden Ground Floor Shibpur
Howrah 711 102.
3. The Senior Area Manager,
Mr. Rudrajit Mukhopadhyay (2965)
SBI Life Insurance Co. Ltd.
Howrah 711 101.……………………………………………OPPOSITE PARTIES.
P R E S E N T
Hon’ble President : Shri B. D. Nanda, M.A. ( double ), L.L.M., WBHJS.
Hon’ble Member : Smt. Jhumki Saha.
Hon’ble Member : Shri A.K. Pathak.
F I N A L O R D E R
- Complainant, Ashok Kumar, by filing a petition U/S 12 of the C .P. Act, 1986 ( as amended up to date ) has prayed for a direction to be given upon the o.p. to refund Rs. 2,11,735 alongwith a further amount of Rs. 17,293, being the insurance premium ,, to pay Rs. 3,00,000/- as compensation along with litigation cost and other relief or reliefs as the Forum may deem fit and proper.
- Brief fact of the case is that complainant availed himself of a house building loan on 16/08/2007 to the tune of Rs. 3,00,000/- from O.P. 2. He also paid processing charge of Rs.1590/- and Rs.17,293/- towards single insurance premium of SBI Life Insurance for the security of the loan amount in the event of his sudden death.. But it is alleged by him that in spite of repeated requests, O.P. 2 did not supply the documents related to such loan account for a longtime. He was paying the loan amount regularly except for a small period for which O.P. 2 sent demand notice dt. 25/07/2012 and 05/12/2012 vide annexure A & B. So, complainant again asked for statement of account for his loan A/C. And only on 17/04/2013, O.P. 2 supplied the statement vide annexure C but did not provide any document showing existence of any SBI Life Insurance with respect to his to his loan A/C for which he paid Rs.17,293/- in 2007 at the time of taking such loan. So, he visited the office of O.P. 3 but failed to find out any document in support of his insurance policy. And on 19/02/2014 O.P. 3 sent one e-mail to him stating that no such policy was done vide annexure D. There after he started requesting O.P. 2 to take necessary action in this regard because in case of his death, his successors would have to pay a huge amount. But O.P. 2 remained silent. Complainant sent lot of e-mails towards that vide annexure E .However, it is also alleged by him that O.P. 2 had charged an amount of Rs.5,64,168/- for original loan amount of Rs.3,00,000/-. He approached O.P. 2 for total settlement of his loan amount and he paid Rs.2,00,000/- on 11/06/2014 in terms of the letter of settlement given by O.P. 2 vide annexure F,G,H collectively. But even after that O.P. 2 was deducting the monthly installments which compelled him to pay Rs.11,735/- to close his loan A/C vide annexure I. And ultimately , on 18/08/2014 he got NOC but O.P. 2 failed to pay back Rs.17,293/- which they charged as single sided insurance premium towards SBI Life Insurance but did not do the same. And he started sending e-mails to O.Ps. But they remained silent. Being frustrated and finding on other alternative, complainant filed this instant case with the aforesaid prayers.
- Notices served upon O.Ps. They filed W/V. Accordingly, case heard was heard on contest against all o.ps.
- Upon pleadings of both parties two points arose for determination :
i) Is there any deficiency in service on the part of the O.Ps. ?
- Whether the complainant is entitled to get any relief as prayed for ?
DECISION WITH REASONS :
- We have gone through the W/V filed by O.P. 2 which contains a simple denial of the allegations leveled by the complainant against them which is evasive in nature, too . It is also stated by the o.p.no2. that they are ready and willing to refund Rs.17,293/- and o.p nos 1 and 3 are the part of o.p no 2 .From the e-mail dt. 03/08/2015 sent by both parties it is evident that O.Ps. once credited the amount on 21/07/2015 of Rs.17,293/- in the A/C of the complainant but when he went to update his passbook, he found that such amount was again debited by O.Ps. on 21/07/2015 itself. And O.P. on 03/08/2015 sent one another e-mail to the complainant stating that as his loan A/C was closed earlier, they wrongly credited the amount to that A/C which they cannot do, as the premium amount was debited from that loan A/C. And the complainant was asked to visit the office of O.P. 2 to receive one Banker’s cheque of that amount. But complainant was harassed so much that he sent one e-mail on 04/08/2015 detailing his sufferings with a request to deposit the same in his saving A/C having no. 10086161599. From the documents filed by the complainant, it is clear that he was harassed by the O.Ps. which cannot be expressed in words. It is also to be considered that what would have happed in the event of his death. Forseeing that untoward calamity, one pays the insurance premium towards Life Insurance Policy. How O.P.s remained so care less inspite of deducting the premium amount of Rs.17293/- at the time of sanctioning the loan to the complainant? This is certainly their malafide intention to harass people like the complainant.It clearly shows that O.Ps. have deficiency on this part . They have no regard or respect in discharging their boundant duty towards their customer like complainant herein. The sufferings of the complainant is very easily understood by this Forum. O.ps showed gross negligence coupled with unfair trade practice towards the complainant in the whole process which started on 16/08/2007 and ended on 18/08/2014 after making the full and final payment of Rs.2,11,735/- by the complainant. Accordingly , we are of candid opinion that it is a fit case where the prayers of the complainant should be allowed with cost against o.ps .
Hence,
O R D E R E D
That the C. C. Case No. 202 of 2015 (HDF 202 of 2015 ) be allowed on contest with costs against the O.Ps.
That O.Ps. jointly and severally be directed to refund Rs.17,293/- to the complainant along with 8 % interest since 16/08/2007 till actual payment.
The complainant do get an award of Rs.50,000/- as compensation and Rs.5000/- as litigation Cost.
O.ps. be directed to pay such amount of Rs.55,000/- within one month from this order i.d. it shall carry an interest @ 8% till actual payment.
The complainant is at liberty to put the decree into execution after expiry of the appeal period.
Supply the copies of the order to the parties, as per rule.
DICTATED & CORRECTED
BY ME.
( Jhumki Saha)
Member, C.D.R.F., Howrah.
