The fact of the case of the complainant in a nutshell is that the complainant holds a Life Insurance Policy under Bajaj Allianz Life Insurance Co.Ltd. being Policy
no.0058049361 against which the petitioner has paid Rs.48,000/- as premium. The further case of the complainant is that due to urgent need of money he wanted to withdraw the surrender value against the said policy and handed over the original insurance policy certificate along with two blank cancelled cheque of S.B.I. duly signed and handed over the same to Basudeb Saha . Said Basudeb Saha surrendered the said Insurance policy certificate along with two cancelled cheques of SBI into the office of the oP no.2 for withdrawing surrender value, as per norms of the company. The Op no.2 wrote a letter to the petitioner on 9.1.2015 and in the column of Registered Bank details for direct credit that the petitioner Goutam Das is a customer of Axis Bank, Kalna Branch being A/c no.911010017008682. It is fact that petitioner Goutam Das is a customer of Axis Bank, Kalna Branch being A/c no. 323010100070717 and also a consumer of S.B.I. Kalna branch being A/c no. 31379092694. On 9.1.2015 the oP no.2 Bajaj Allianz Life Insurance company, Chinsurah branch intimating the complainant to the effect that they have taken the surrender action for realisation of Insurance coverage of the above noted policy being no.0058049361 and it has further been observed that the Op no.2 has enclosed a cheque of Rs.77062/- vide NEFT no.9797308 dated 14.10.2014 towards refund. Petitioner complied the terms and
conditions of the oP no.2 for receiving payment of surrender value of policy. Thereafter, the petitioner found no entry in his Bank account of the said policy and contacted with the office of the oP no.2 from where the petitioner came to learn that they have issued cheque being no.911010017008682 in favour of the petitioner for Axis Bank, Kalna Branch. The petitioner lodged complaint to the office of Op no.2 to the effect that wrong cheque number has been inserted in the cheque of the petitioner. Wrong cheque number has been inserted as 9110100178682 in place of genuine cheque no.323010100070717 of the petitioenr of the Axis Bank, Kalna Branch. Thereafter , lodged complaint to the ACJM, court of Kalna . Hence, this complaint, filed by the complainant with a prayer as laid down in the petition of complaint.
The oP no.1 and 2 have contested the case by filing Written version denying inter alia all material allegations. The positive case of the Op no.1 and 2 is that the complainant had alleged non receipt of policy surrender value of Rs.77062.61 in his Axis Bank account no.323010100070717 at Kalna Branch and have thus lodged complaint .The surrender of the policy no.0058049361 was admittedly made through his authorized agent and sister’s son Sri Atindra Saha. The complainant alleges that the surrender value has been credited in the account of Bandana
Mondal being an account holder of Axis Bank at Kalna with Account no.911010017008682. The complainant lodged a criminal case before ACJM Kalna against the accused persons including Sri Atindra Saha and Bandana Mondal . The Op no.1 and 2 prays for dismissal of the complaint.
The OP no.3 has contested the case by filing Written version denying inter alia all material allegations. The case of the OP no.3 is that the petitioner Goutam Das is a customer of Axis Bank, Kalna Branch being A/c no. 323010100070717 but as per his statement when the submitted his claim for credit of Bajaj Alianz Life Insurance policy proceeds, to his utter surprise he discovered the same to have been credited to one Bandana Mondal and not Mr. Goutam Das and that the proceed of Rs.77062/- was credited in the A/c of Bandana Mondal being Account no.911010017008682 by mode of NEFT no.9797308 dated 17.10.2014. The Op no.3 submits that they are in no way liable for the erroneous credit in the name of Bandana Mondal in lieu of Goutam Das and prays for dismissal of complaint against them.
Complainant filed copy of prescription of Manipal Hospital for treatment of the petitioner, Copy of account of Axis Bank, Kalna Branch and S.B.I., Kalna Branch . Complainant also filed Evidence in chief and W.N.A. OP n o.1 and 2 filed
photo copies of Policy, PAN card of Atindra Saha etc. along with Written version, Evidence in chief and Written Notes of argument . Op no.3 filed Written version.
POINTS FOR DECISION :
- Whether the complainant is a consumer ?
- Whether there is any deficiency in service on the part of the oP ?
- Whether the complainant/petitioner is entitled to get relief as prayed for ?
DECISION WITH REASONS :
Goutam Das, the complainant of this case surrendered his policy to the Op no.1, Bajaj Allianz , policy no. being 0058049361. Op no.2 sent the surrender value of Rs.77,062/- towards refund vide NEFT no.9797308 to the OP no.3, i.e. Axis Bank, Kalna Branch. The account of the Goutam Das in Kalna Branch of Op no.3 is ……… 70717 . But the money was credited in the account no. 9110100178682. It is fact that Op no.2 paid the amount 77062/- vide NEFT no.9797308 towards refund. But due to the non application of mind by the Axis Bank Op no.3 the cheque has been credited in other account because the complainant’s account no. is ……70717 in the Axis Bank, Kalna Branch. So the
issuance of cheque in the name of correct person but in different account is a glaring negligence on the part of both Op no.2 and Op no.3. Because the cheque has been credited in the name of other two persons. Op no.3 , Axis Bank, shifted his responsibility to Op no.1 and 2. It is admitted by the op no.3 complainant suffered loss due to wrong representation of account no………………682 instead of A/c no. …….717. The op no.3 took the deposit 77062. As per Op no.1 and 2 the complainant gave them A/c no. …….682 of Axis Bank of Kalna. But in fact complainant’s Account no. ……..717. The evidence before us shows that in respect of issuance of cheque and in respect of credit of the amount of cheque Op no.1 , 2 and oP no.3 are jointly liable. They must act for the beneficiary but must apply mind to the name and related account number which has not been done by any one of the parties. There are glaring deficiency in service of the employee of the oP no.1,2 and 3, for which the oP no.1 , 2 and 3 are liable.
So after deliberation over the material before us we are of strong opinion that three Ops are jointly and severally liable in the matter of credited the money in the account of complainant and those three Opposite parties must take equal responsibility towards the complainant. Hence it is-
Ordered
That the CC no.154 of 2015 be and the same is allowed on contest. The Op no.1, 2 and 3 are jointly and severally liable to pay Rs.77062/- to the complainant being the surrender value of his Insurance coverage . The Op no.1,2 and 3 are jointly and severally liable to pay Rs.20,000/- towards compensation to the complainant for his mentally agony, harassment and pain . The oP no.1 , 2 and 3 are also jointly and severally liable to pay Rs.5,000/- towards litigation cost to the complainant.
The Ops shall liable to comply the above orders within 30 days from the date of this order i.d. the complainant is at liberty to file Execution case for executing the above order.
Let a copy of this order be made over to the parties free of cost.
