The fact of the case is that complainant is an unemployed youth. He took loan under BSKP scheme of Rs.1,30,000/-. The complainant invested Rs.3,70,000/- for completion of total project. At the time of disbursement of said loan the complainant applied to the Branch Mananger about the Insurance policy but the Manager did not bother to take the needful steps to this effect for getting the poultry farm insured. On 17.4.2015 at about 5 p.m. there was fire from a 440 volt electric line of WBSEDCL and storm over the farm and brunt the farm causing dead of 3,000 chickens and 13 sacks of chicken food total loss was not less than Rs.5.0 lakhs. But the said farm was not covered by Insurance due to sheer negligence of the Bank. It is stated by the complainant himself that for the obvious reason the complainant is not entitled to get any claim. It is also case of the complainant that Op no.1 and 2 have committed blunder. Hence, this case.
Op no.2 , United Bank of India filed Written version denying inter alia all material allegations. It is stated that the complainant intended to grab the entire loan amount at any cost and for which he has taken illegal course. The allegation is false purported and concocted story. The complainant is not entitled to get any relief.
Op no.3 has contested the case denying inter alia all allegations . The complainant did not apply before the Op no. 3 for shifting the electric wire not adopted any protective measure nor lodged any complaint before the Op no.3 for proper maintenance of electric line. Without proper inquiry and investigation it cannot be ascertained whether the incident of fire started from the 440 volt of electric line which grab the poultry farm of the complainant as alleged . No
written complainant was lodged by the complainant after the incident. The complainant impleaded this OP without any cause. Moreover the complainant have no insurance policy. It is their negligence. This Electric supply company is in no way liable for any cause.
Complainant filed Xerox copy of letter addressed to O/C, Balagarh, dt. 17.4.15, Copy of letter to UBI, Serampur, dated 25.5.15, Copy of Deed no.7559 dt 22.9.92, Tax receipt from Somra 1 no. Gram Panchayet dated 6.1.15, U.B.I. Savings A/c Book Copy of Porcha and Advocate letter. Complainant also filed WNA and Evidence in chief. Ops on the other hand filed Evidence in chief and Written Notes of argument.
POINTS FOR DECISION
- Whether the complainant is a consumer?
- If there is any deficiency on the part of the oP ?
- If complainant is entitled to get any relief?
DECISION WITH REASONS :
All the points are taken up together for easiness of discussion.
DECISION WITH REASON
Perused the Written Notes of argument of all sides. The complainant did not file any paper to show that after the alleged incident they informed the police authority and police authority made investigation. The date of incident is 17.4.2015 . One Xerox copy written to the
Bank on 4.5.2015 has been filed but Bank authorities did not make any investigation. In that letter complainant admitted that he has no Insurance policy. Even in the written complaint the complainant states that the said farm was not insured . They have stated that Bank has primary duty to cover the unit by Insurance but nowhere within the fourcorners of records the complainant did not show any relevant law or Banking law that Bank has primary duty to insure the loan and hypothecated assets .Moreover regarding the incident there is not reliable evidence regarding the actual occurrence and actual facts embodied in the complaint. Accordingly, the material on record does not convince us to allow the aomplainant relief as prayed for because there is no adequate proof and Insurance policy of the said farm. So the case should be dismissed. Hence it is –
Ordered
That the CC no.177 of 2015 be and the same is dismissed on contest. But no order as to cost.
Let a copy of this order be made over to the parties free of cost.
