Sri Jagadish Chandra Barman, Ld. Member

        The Complainant [Debnarayan Saha] has filed this C.C./80/2019 under Section 12 of the Consumer Protection Act 1986  and it is stated here in brief as follow:

         The Complainant,  Debnarayan Saha , being aggrieved upon the O. Ps., has filed this instant case before this Ld. Commission for proper adjudication and getting reliefs. As per complaint, the Complainant went to the O. P. No.-2 on 12.09.2014 to avail a SBI Life Insurance, suitable for the Complainant at that time. Then the Manager of State Bank of India of Baruipur Branch assisted the petitioner/complainant to fill up the form for SBI Life -Saral Swadhan+ plan  bearing no - IJ01587718 Dated 12.09.2014 along with the other documents. Thereafter, the SBI Baruipur branch debited Rs. 1500=00 only from his Savings Account  Pass Book vide no- 32522392101 and it was credited for SBI Life -Saral Swadhan+ plan. Debited amount is clearly mentioned in the updated portion of the savings pass book account vide no- 32522392101. It was assured by the then O P. No. 2 that the amount of Rs. 1500 would be debited each year from his Saving Account by the O.Ps for the continuation of the SBI Life -Saral Swadhan + plan.

         Then the complainant found that the Bond copy of SBI Life-Saral Swadhan+ plan was not sent/handed over to him even after elapsing many months from the date of payment. Then the petitioner/complainant met several times with the Officials of the SBI Life Insurance to get the Bond of the SBI Life -Saral Swadhan + plan and other documents; but his efforts were in vain. The Complainant wrote a letter on 21.12.2015 to the Branch Manager, SBI Baruipur Branch to deduct Rs. 1500=00 only as yearly installment each year from his savings account available in the said branch.  After a gap of long period of time, the O. Ps. suggested him to submit his bio-data along with photo copies of the PAN card, voter card etc. As per statement, the complainant on 21.12.2015 submitted the photo copies of the required documents [PAN, Voter Card etc.] before the Branch Manager, SBI, Baruipur branch  and these documents were received by the O. Ps. Even after that the complainant did not get his policy Bond etc and amount of premium of Rs. 1500 was not deducted from his account regularly. Hence, his policy had been lapsed and thereafter, he had lost the opportunity to revive his bond of SBI Life - Saral Swadhan + plan due to the negligence, deficiency in service and unfair trade practice for the O. Ps. It is further stated by the Complainant that he [complainant] had filed a prayer for mediation before the Assistant Director, CABP, Baruipur, but the O. Ps. did not co-operate with the Office of the Assistant Director, CABP, Baruipur and hence, no positive result was achieved by the Complainant.

         Finding no other alternative, the Complainant filed this instant case vide no- C.C./80/2019 on 25.6.2019 against the O. Ps. before this Ld. Commission for proper adjudication and getting following relief[s ] as below: -

1. To issue direction upon the O. Ps. to provide the copy of the SBI Life Insurance Bond -Saral Swadhan + plan to the  complainant along with the relevant documents .
2. To issue direction upon the O. Ps. to pay cost of litigation Rs. 30,000.00 only to the complainant.
3. To issue direction upon the O. Ps. to pay compensation amount Rs. 20,000=00 only to the Complainant and
4. To issue any other direction upon the O. Ps.  as the Ld. Commission may deem fit and proper.

The Office of the President, accordingly, sent show cause notices upon the Opposite Parties and those were served satisfactorily.Then the O. P. no 1 and 2 filed their written version on 13.12.2019. In the written version, Opposite Party no.1 & 2 have denied each and every allegation mentioned in the complaint petition. Both O. Ps. have opined that there is no cause of action and the complaint petition has been filed by the Complainant for wrongful gain. According to O. P. no. 1 & 2, they have performed their duty as corporate agent of SBI Life Insurance Company Ltd. So there is no deficiency in service and unfair trade practice occurred on behalf of the Opposite Party No. 1 & 2. Hence, the complaint petition should be rejected in limine and with exemplary cost.

It is remarkable to say that O. P. No. 3 has filed separate written version. In the W. V., O. P. No 3 has mentioned that O. P. No. 3 sent under speed post vide no- dated. 20.10.2014 to the complainant of he same was not returned to the O.P. No-3 as undelivered. So. It is presumed that the complainant received the same in time.

However, the O. P.No-3 is ready to issue a Duplicate copy to the Complainantsubject to the submission of - (1)indemnity bondexecuted on non-judicial stamp paper of Rs. 100 with notary; (2) Demand draft of Rs. 130 in favour of SBI Life Insurance Comp. Ltd., (3) Self-attested copies of ID and address proofs and so on.

As per W. V. of O. P. No-3, an intimation letter was sent to the complainant on 01.9.2015 to deposit the premium of Rs. 1500 only on or before 16.10.2015 either in favour of the “SBI Life Insurance Co. Ltd.” The grace period was up to 15.11.2015. But the petitioner/complainant did not deposit Rs. 1500.00 only as premium amount and the policy had been lapsed for non -payment of the premium amount Rs. 1500/- only. As per clause 6.2 of the said policy, revival period is 2 years from the date of unpaid premium means up to 16.11.2016. But the complainant did not deposit the unpaid due amount of Rs. 1500.00 x 2=3000.00 only within 16.11.2016. According to the terms and conditions of the policy, to avail any benefit under the policy, deposition of (3) three year’s premium means Rs. 1500.00 x 3= Rs. 4500.00 only was needed to pay. But it is unfortunate to mention that the policy holder Debnarayan Saha did not pay premiums of at least for three (3) years. Hence, this policy amount Rs. 1500.00 only paid by the petitioner/policy holder has been forfeited and no other benefits is payable to the petitioner by the O. Ps. Hence, the demand of refunding the paid amount is also baseless and does not any legal sanction. It is also opined by the O. P.No-3 that it has no access to the Bank account of the complainant as SBI and SBI Life Insurance Comp. Ltd. are separate entities and the address of both the institutions are completely separate.

As per W. V., the complainant has also failed to prove that there are evidences of unfair trade practice and deficiency in service done by the O. P. No-3. Hence, the complaint petition filed by the petitioner should be dismissed in limine with exemplary cost.

Upon the averments of the above-mentioned complaint petition and written version etc., the following points are formulated-

1. Whether the Complainant is a ‘Consumer’?
2. Are there any deficiency of service and unfair trade practice occurred on the part of the O. Ps.?
3.  Is the Complainant entitled to get relief(s) as prayed for?

EVIDENCES OF THE COMPLAINANT, OPPOSITE PARTIES

        The complainant filed an application on 13.01.2020 to treat his complaint petition as his Evidence on Affidavit and it was allowed. The O. P. no 1 & 2 filed a prayer on 13.12.2022 to treat their W. V. as Evidence on Affidavit and their prayer was allowed. The O. P. no. 3 also filed a petition on 27.01.2020 to treat his W. V. as Evidence on Affidavit and the same was also allowed.

DECISIONS WITH REASONS OF POINT NO 1, 2 & 3

Point no. 1

        The Complainant went to the O. P. No.-2 on 12.09.2014 to avail a bond of  SBI Life -Saral Swadhan+ plan, suitable for the Complainant at that time. Then the Manager of State Bank of India of Baruipur Branch assisted the petitioner/complainant to fill up the form for SBI Life -Saral Swadhan+ plan  bearing no -IJ01587718 Dated 1209.2014 along with the other documents. Thereafter, the SBI Baruipur branch debited Rs. 1500=00 only from his Savings Account Book vide no- 32522392101 and  the amount was credited to the SBI Life -Saral Swadhan+ plan. Debit amount is clearly mentioned in the updated portion of the savings pass book account. Hence, it is clear that the Complainant is a ‘Consumer’ under section 2(7) of the Consumer Protection Act 2019.

     So, point no. 1 is decided in favour of the Complainant and against the O. Ps.

POINT NO. 2.

          To decide the point no-2 means “Are there any deficiency of service and unfair trade practice occurred on the part of the O. Ps.?”- it is worthy to opine that the Complainant went to the O. Ps. to  avail a bond of  SBI Life -Saral Swadhan+ plan and the then Manager of SBI Baruipur Branch co-operated with the Complainant. Thereafter, the SBI Baruipur branch deducted Rs. 1500.00 only from his Savings Account vide no- 32522392101 of SBI Baruipur and  it was credited for SBI Life -Saral Swadhan+ plan. A money receipt was also issued in favour of the Complainant by the O. P. No-3 on 12^th September 2014 under sequence no-9874908 and channel code 990356683.

           It is also very much worthy to mention that an intimation was sent by the O. P. No. 3 to the Complainant on 01.9.2015 to deposit the premium of Rs. 1500 only on or before 16.10.2015 either by cheque or demand draft in favour of the “ SBI Life Insurance Co. Ltd.” The grace period was 15.11.2015. But the Petitioner/Complainant did not deposit Rs. 1500.00 only as premium amount and the policy was lapsed for non -payment on 16.10.2015 or within the grace period of 15.11.2015.

         It is also very much relevant to mention that as per clause 6.2 of the policy, revival period was 2 years from the date of unpaid premium means within 16.11.2016. But the complainant did not deposit the unpaid due amount of Rs. 1500=00 only x 2 years = Rs. 3000.00 only within 16.11.2016. According to the terms and conditions of the policy, to avail any benefit under the policy, payment of (3) three year’s premiums means [Rs. 1500.00 x 3] Rs. 4500.00 only was compulsory to pay within 15.11.2016. But it is unfortunate to mention that the policy holder Debnarayan Saha did not pay premiums of at least  three (3) years within 15.11.2016 with grace period. The complainant paid only one premium of Rs. 1500.00 only on 12.09.2014.  Hence, it is clear to us that there is no. deficiency in service, unfair trade  practice and negligence on behalf of the O. Ps.

      So point no. 2 is decided in favour of O. Ps. and against the Complainant.

POINT NO. 3

             In relation to point no. 3 means “Is the Complainant entitled to get relief(s) as prayed for?”- it is remarkable to mention that  the complainant did not get the bond for SBI Life -Saral Swadhan+ plan till today.  The Petitioner/Complainant met several times with the Officials of the SBI to get the Bond of the SBI Life -Saral Swadhan +plan and other documents; but his efforts were in vain. The Complainant also wrote a letter on 21.12.2015 to the Branch Manager, SBI Baruipur Branch to deduct Rs. 1500=00 only as yearly installment each year from his savings account available in the said branch.  But the O. Ps. neither provided the bond for SBI Life-Saral Swadhan+ plan nor deducted Rs. 1500 only as yearly installment each year from his savings account no.-32522392101 of SBI Baruipur. Hence, it is clear to us that the Complainant is very much interested to continue the above mentioned bond of the SBI Life -Saral Swadhan +plan as well as interested  to pay the due amount of the policy since 16.10.2015 to till date either by cheque or demand draft in favour of the “ SBI Life Insurance Co. Ltd.” Beside it, there is a scope to pay the arrear amount of all premiums under the policy SBI Life-Saral Swadhan +Policy Document. As per the policy, due date of last premium is 16.10.2023 which is yet to come. Date of maturity is also 16/10/2029. Hence, the Complainant is entitled to get same reliefs with the cost of litigation only.

       So, point no.3 is decided in part  in favour of the Complainant and against the O. Ps.

       As a result, the complaint case succeeds in part.

       Hence, it is

                                                                     ORDERED

            That the complaint case be and the same is hereby allowed  on contest against the O. Ps. In part in respect of  litigation cost of Rs. 10,000.00 [Rs. Ten thousand] only . This amount shall be paid by the O. Ps. either jointly or severelly to the complainant within 45 days from the date of issuing this order.

             The Complainant is directed to submit all required documents like - (1)  Indemnity bond  executed on non-judicial stamp paper of Rs. 100 with notary; (2) Demand draft of Rs. 130 in favour of SBI Life Insurance Comp.  Ltd. (3) Self-attested photo copies of ID and address proof and so on. The Complainant should submit these documents before O. P. No-3 within 30 [thirty] days from the date of issuing this order to the O. P. No. 3.

          The Complainant is also directed to pay the arrear amount since 16.10.2015 @ Rs. 1500 per installment to till 16.10.2022 either by cheque or demand draft in favour of the “ SBI Life Insurance Co. Ltd.” The complainant is allowed to pay all arrears in 4 [four] installments without interest but not less than Rs. 3,000 [Rs. Three thousand] only in each installment. But all arrears should be deposited within 16.10.2023 either by cheque or demand draft in favour of the “ SBI Life Insurance Co. Ltd.” positively. Last premium will be paid by the policy holder on 16.10.2023 as per the policy

          The O. P. No. 3 is directed to provide a copy of original bond of the SBI Life -Saral Swadhan + plan to the Complainant within 45 days from the date of issuing this Order.

          The Complainant is at liberty to file an Execution Case against the O. Ps., before this Ld. Commission for non-compliance of the order by the O. Ps., after expiry of 45 days.

             Let copies of the order be supplied to all the parties concerned in either speed post /registered post free of cost as per rule.

          The final order be also available in www.confonet.nic.in  .

Prepared and Corrected by me.

  ( Shri Jagadish Chandra Barman)                              

                   (MEMBER)