Date of filing: 22.12.2016                                                                    Date of disposal: 01.08.2018

Complainant:              Tapan Kumar Karmakar, S/o. Late Baidyanath Karmakar, resident of Gushkara Station Road (near Bus Stand), PS: Aushgram, Dist: Burdwan, PIN – 713 128.

- V E R S U S -

Opposite Party:  1.      The ICICI Bank Ltd., having its branch office at Sri Ram Complex, Station Road, Gushkara, PS: Aushgram, Dist: Burdwan, PIN – 713 128, represented by its Branch Manager.

                            2.     The ICICI Bank Ltd., having its branch office at Sri Ram Complex, Station Road, Gushkara, PS: Aushgram, Dist: Burdwan, PIN – 713 128, represented by its Ex-Branch Manager, namely, as Sri Abhishek Choudhury.

                             3.     ICICI Prudential Life Insurance Co. Ltd., having its Branch Office at City Tower, G. T. Road, PO., PS. & Dist: Burdwan, PIN – 713 101, represented by its Branch Manager.

                              4.   ICICI Prudential Life Insurance Co. Ltd., having its registered office at ICICI Pru Life tower, 1089, Appasahab Marathe Marg, Prabhadevi, Mumbai- 400 025, represented by its Managing Director.

                             5.    ICICI Prudential Life Insurance Co. Ltd., having its CUSTOMER Relations Office at Raheja Tipco Plaza, Ranisati Marg, Malad (East), Mumbai- 400 097, represented by its Manager.

Present:

           Hon’ble President: Smt. Jayanti Maitra (Ray).

Hon’ble Member: Smt. Nivedita Ghosh.

Hon’ble Member: Dr. Tapan Kumar Tripathy.

Appeared for the Complainant:                                Ld. Advocate, Mrinal kanti Kesh.

Appeared for the Opposite Party Nos. 1& 2:        Ld. Advocate, Suman Bez.        

Appeared for the Opposite Party Nos. 3, 4 & 5:   Ms. Gauri Awalkar, Autho. Representative.

J U D G E M E N T

The complainant files an application under Section 12 of the C. P. At, 1986 against the Ops for Rs. 39,400=00 towards the premium paid for two years, along with Rs. 40,000=00 as compensation towards metal pain, agony and harassment and also Rs. 15,000=00 as litigation cost on the allegation that he purchased a policy from ICICI Prudential Life Insurance Company Ltd. on 09.07.2012 through the agent ICICI Bank ltd, Gushkara Branch, Aushgram within district Burdwan and accordingly he issued a cheque of Allahabad Bank, Gushkara Branch being cheque No. 695807 on 09.02.2012 amounting to Rs. 20,000=00 but the said cheque was dishonoured due to mismatch of signature, thereafter the OP-2 i.e. ICICI Bank ld. as its branch office at Sri Ram Complex, Station Road, Gushkara, requested him to pay cash amount of Rs. 20,000=00 as the previous cheque was dishonoured for the said policy and as such he paid cash amount of Rs. 20,000=00 on 16.07.2012 and he also received policy bond of Rs. 1,35,800=00 vide No. 16814328 on 09.07.2012 issued by OP-4 i.e., ICICI Prudential Life Insurance Co. Ltd. and also issued the 1^st premium receipt vide No. C1433387 dated 09.07.2012.

Further allegation is that the complainant again issued a cheque No. 551 of ICICI Bank Ltd., Gushkara Branch for the amount of Rs. 19,400=00 on 11.07.2013 for renewal of the policy and thereafter again when he wants to pay amount for renewal the said policy for 3^rd time then he came to know from OP-3 i.e. ICICI Prudential Life Insurance Co. that the said policy was lapsed and he was advised to go to OP-1 for further clarification and accordingly he went to OP-1 for clarification and from there he came to know the incidence of lapse of his policy and further came to know from OP-3 that he is permitted to return back Rs. 19,400=00 which he paid as 2^nd time premium and at that time the OP-1 never told him anything regarding his 1^st premium of Rs. 20,000=00.

The complainant also alleged that he sent email on 18.12.2014 to OP-4 for the said policy and then OP-5 replied through email on 28.04.2015 that the said policy got withdrawn on 17.07.2012 due to non-receipt of first premium amount and also asked him to give details of nominee as well as details of policy sum assured and date of birth of nominee and on 22.04.2015 the complainant sent through email regarding the name of nominee, policy sum assured and date o birth of nominee and accordingly after receiving the said mail he sent a reply to OP-3 through mail according to their queries and also requested to settle the claim as early as possible.

Thereafter the complainant served legal notice on 27.10.2016 to OP-1&3 through his ld. Advocate Mrinal Kanti Kesh with a request to settle the claim/dispute and after receiving the same, OP-5 has been replied on 25.11.2016 when he further asked to deposit the receipt of Rs. 20,000=00 of the 1^st premium as well as copy of the policy bond.

The complainant further alleged that he is compelled to file the present application against the Ops due to deficiency in service and unfair trade practice for which he has been suffering great mental pain, agony and harassment and for that he also claimed Rs. 40,000=00 as compensation along with Rs.39, 400=00 which he had paid as premium for two times for the insurance policy and also claimed Rs. 15,000=00 as litigation cost.

The cause of action arose on and from 25.11.2016 and continuing till the date of filing the claim application.

OP-1&2 as well as OP-3, 4 & 5 all are contested the present claim application by filing their separate written versions.

OP- 1 & 2 denied the entire allegation as per complaint by submitting their W.V. that the present claim application is not at all maintainable either on facts or in law.

The specific case of OP-1&2 is that to prove he allegation the complainant is duty-bound to produce the documents to show that he made or deposit Rs. 20,000=00 as premium for the 1^st time for insurance policy which he purchased on 9^th July 2012 and further alleged that the complainant is a educated person and he maintains other insurance policies with OP-3 and accordingly he is well aware of methodology of making payments. Therefore onus lies upon him to produce documents to show that he paid Rs. 20,000=00 on 09.07.2012 when he received insurance policy certificate from OP-3.

OP-3, 4& 5 also submitted their W.V. where they denied all the allegations of the complainant. They further denied that they have not received the 1^st premium of Rs. 20,000=00 in cash as alleged by the complainant and the complainant is not able to produce any documents to show that they have actually received Rs. 20,000=00 in cash from the complainant as the 1^st premium of insurance policy.

The specific case of the OP-3, 4 & 5 is that ICICI Prudential Life Insurance Co. is a separate entity and has separate legal financial and administrative set up from that of ICICI Bank Ltd. and as such there is no deficiency in service and unfair trade practice committed by these Ops and as such the complainant wrongly impleaded these Ops as a necessary party in this complaint as the Ops have acted only in accordance of the applicable terms and condition and accordingly this complaint is liable to be dismissed and further stated that the complainant has one more policy bearing No. 17955457 with the company and he is regularly paying premium. So these Ops have no liability to pay Rs. 20,000=00 as per claim in favour of the complainant.

On considering the original complaint case along with W.V. filed by Ops the following issues have been considered and framed by this Forum.

1. Whether the complainant is a consumer or not?
2. Whether the present complaint case filed by the complainant within the proper jurisdiction or not?
3. Is there any deficiency or unfair trade practice on the part of the Ops and whether the complainant is entitled to get any relief as prayed for?
4. What other relief or reliefs the complainant entitled to get according to law?

Decision with reasons:

Issue No. 1:

            According to C.P. Act, 1986 it is the duty of the complainant to prove that he is a legal consumer and until and unless he is not able to prove his legality regarding consumer, then the present application should not be considered as maintainable.

            Accordingly let us consider how far complainant is able to prove his legal right to file the present application.

In the instant case the complainant claims that he purchased a policy from ICICI Prudential Life Insurance Ltd. through agent on 09.07.2012 and after purchasing he also received the policy bond for sum assured of Rs. 1,35,800=00 from the OP-4 being policy No. 16814328dated 09.07.2012 and he also paid premium for the said policy bond i.e. on 09.07.2012 he paid Rs. 20,000=00 through cheque but the said cheque was dishonoured for mismatch  of signature and thereafter he paid the said amount in cash on 16.07.2012 and also paid Rs. 19,400=00 as premium for the said bond for the year 2013 i.e. on 11.07.2013 and all the Ops admitted the same, i.e. they agreed that they have received Rs. 19,400=00 as premium for the said bond i.e. on 11.07.2013 and also agreed to issue policy bond in favour of the complainant.

So on considering such circumstances it is clear that the complainant is able to prove that he is a consumer against the Ops according to C.P. Act, 1986 and the present Forum has no hesitation to accept him as a legal consumer.

            Thus the present issue is disposed of.

Point No. 2:-

Regarding this issue it appears that the complainant has filed the present claim application for receiving Rs. 39,400=00 from the Ops which he had paid as premium for the year of 2012 and 2013 against his policy bond being No. 16814328 on 09.07.2012 and the pecuniary jurisdiction of this Forum is Rs. 20,00,000. Therefore, the claim of the complainant is within Rs. 20, 00,000=00.

It also appears that the Bank, Insurance Company and the complainant all are situated within Gushkara Station Road under Aushgram P.S., District Burdwan. So it is clear that jurisdiction is proper and there is no hesitation to hold that the claim application has been filed within proper jurisdiction i.e. territorial and pecuniary jurisdiction.

Accordingly this issue is disposed of.

Rest of the issues i.e. Point Nos. 3, 4 & 5 are taken up together for consideration.

Regarding these issues it appears that the complainant filed this present claim application to get return of Rs. 20,000=00 as well as Rs. 19,400=00 which he had paid as premium for July 2012 as well as July 2013 against the policy bond being No. 16814328 dated 09.07.2012 issued by ICICI Prudential Life Insurance Company ltd. in favour of him on the allegation that when he went to deposit the premium amount for the third premium of the said policy then he came to know that his policy bond had already lapsed due to non-payment of 1^st premium of Rs. 20,000=00. The complainant became astonished after receiving the said information from Ops as according to his own opinion he deposited Rs. 20,000=00 by cheque on 09.07.2012 and the said cheque was dishonoured due to mismatch of his signature and thereafter he deposited the said amount in cash and for that the OP-3 issued the said policy certificate and policy bond and so he further opined as he paid the 1^st premium amount in cash and the Insurance Company issue the policy bond so the question of lapse of the said policy does not and cannot arise at all and when the complainant came to know this incidence at the time of depositing  his 3^rd premium then he compelled to file the present claim application for get back the total amount which he had paid to the Ops and it further appears that Ops also agreed to pay the deposited amount to the complainant without taking the third time premium amount from the complainant with consideration that the policy bond already had been lapsed.

Further the Ops also directed the complainant to produce the documents i.e. the name of nominees, date of birth of nomine under the policy and policy sum assured along with cancelled cheque as well as other papers which are required for maintaining formality to return back the money as paid by the complainant.

So it is clear that there is no dispute that Ops are also interested to return back the deposited amount to the complainant for which the present claim application, but only dispute arises for the amount of Rs. 20,000=00 which fixed for 1^st premium of the policy bond and according to complainant he paid the same by cheque and when it was dishonoured then he gave it in cash but according to Ops the complainant never paid the 1^st premium amount, he only paid the 2^nd term premium amount and that was lying in their suspense account as the policy certificate already lapsed prior to receive the second amount and it further appears that the complainant admitted at the time of giving reply against the question by the Ops that he purchased a policy from ICICI Prudential Life Insurance Co. Ltd. through the agent i.e. the OP-1 on 09.07.2012 and issued a cheque being No. 695807 of Rs. 20,000=00 of Allahabad Bank, Gushkara Branch and the said cheque was dishonoured due to mismatch of signature and thereafter as per request of Sri Abhishek Chowdhury, Branch Manager of ICICI Bank, the complainant paid Rs. 20,000=00 in cash for the 1^st premium for the said policy by good faith on 16.07.2012 and the Manager never told him for issuing further cheque or demand draft for the amount of Rs. 20,000=00 and it appears that the complainant is not able to produce the said dishonoured cheque to show that he properly paid 1^st premium amount by cheque but that was dishonoured and also not able to produce any documents to show that after dishonor of the cheque he paid the said amount in cash through ex-manager of the OP-1 Sri Abhishek Chowdhury, to show his genuineness of the payment regarding the 1^st premium of the policy certificate.

The complainant is able to produce the Xerox copy of policy certificate which shows that policy stand cancelled in the event of non-realization of the 1^st premium deposited by the complainant. So according to terms and conditions of the policy, complainant is failed to produce any document to show that he is entitled to get return the amount of Rs. 20,000=00.

So on considering the evidence of complainant, as well as, reply against the questionnaires of Ops it is clear that the complainant is not at all able to prove that he paid the 1^st premium amount as per terms and conditions of the policy certificate, as the policy certificate was lapsed and the Ops also informed the said incident to the complainant vide letter dated 13.04.2015 & 27.07.2015 and besides that the complainant also came to know regarding the reason for lapse of policy certificate when he went to deposit the premium amount for the said certificate in the year of 2014.

Moreover, the complainant has another policy certificate before the Ops and so he is fully aware regarding the procedure of payment and he also maintained the said procedure at the time of payment of premium amount in respect of said policy certificate.

So under such circumstances it is clear that the complainant is not entitled to get Rs. 20,000=00 as premium amount against the insurance policy but he only entitled to get Rs. 19,400=00 which he already paid and the Ops also interested to pay the said amount i.e. Rs. 19,400=00 along with interest.

Thus all the issues are disposed of.

Hence, it is

O r d e r e d

that the present Consumer Complaint being No. 224/2016 be and the same is allowed in part against all the Ops and the Ops are hereby directed to pay Rs. 19,400=00 along with present S.B. A/c. bank interest either jointly or severally to the complainant within 30 days from the date of passing of this award, failing which, the complainant is at liberty to put the award in execution as per provisions of law and the complainant is also directed to receive the said amount as awarded i.e. Rs. 19,400=00 along with interest instead of Rs. 39,400=00. According to law he is not permitted to receive further cash amount of Rs. 20,000=00 which is not actually paid by him as 1^st premium amount.

Let plain copies of this order be supplied to the parties free of cost as per provisions of law.

Dictated & Corrected by me:                                                          (Jayanti Maitra (Ray)

                                                                                                                      President

      (Nivedita Ghosh)                                                                 DCDRF, Burdwan

               Member

      DCDRF, Burdwan

                                        (Tapan Kumar Tripathy)                              (Nivedita Ghosh)

                                                     Member                                                   Member

                                             DCDRF, Burdwan                                     DCDRF, Burdwan