Haryana

StateCommission

A/750/2017

GURGOAN GRAMIN BANK NOW SARVA HARYANA GRAMIN BANK - Complainant(s)

Versus

UMRAO SINGH - Opp.Party(s)

PAVAN MALIK

14 Aug 2018

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                               

                                      First Appeal No. 750 of 2017

                                      Date of Institution:21.06.2017

                                      Date of Decision:14.08.2018

 

Gurgaon Gramin Bank now Sarva Haryana Gramin Bank having its Head Office situated near Bajrang Bhawan, Delhi Road, Rohtak and amongst other a branch office at Village Jharsa, District Gurgaon through its constituted attorney Sandeep Chauhan s/o Sh. Pradeep Kumar, Manager, Sarva Haryana Gramin Bank, Jharsa.

…..Appellant

Versus

 

 

1.      Umrao Singh S/o Khushi Ram R/o Parveen Shuttering Store, V.P.O, Kanehi, District Gurgaon.

 

2.      Bajaj Allianz Life Insurance Company Ltd., Syndicate Hub, i/1A, 3^rd Floor, Old Rajendra Nagar, New Delhi 60 through its Branch at Sector 14, Gurgaon through its Branch Manager.

…..Respondents

 

 

CORAM:             Mr.Ram Singh Chaudhary, Judicial  Member

                                                

Present:-             Mr.Pawan Malik, Advocate for the appellant.

                             Mr.Kaushal Kalyan, Advocate for respondent No.1.

                             Respondent No.2 already ex-parte.

                  

O R D E R

 

RAM SINGH CHAUDHARY, JUDICIAL MEMBER

 

 

1.                Delay of 123 days in filing the appeal is hereby condoned for the reasons stated in the application for condonation of delay.

2.                As per complainant, he obtained insurance policy No.0026741802 of opposite party No.1 (in short ‘O.P’) on 07.09.2006 for a total sum of Rs.3,00,000/- with annual premium of Rs.20,000/-. It was alleged that he paid three premiums of Rs.20,000/- each by saving bank account No.SB/829 to O.P. No.2 by way of pay order dated 07.09.2006, 22.09.2007 and on 15.12.2008, but,  on enquiry, it was found that amount of second and third premium paid by him through O.P No.2 was not credited/accounted and this amount of Rs.40,000/- was accounted to some other person’s insurance policy. Thus, there was deficiency in service on the part of O.Ps.

2.               Upon notice opposite parties appeared before learned District Consumer Disputes Redressal Forum, Gurgaon (in short ‘District Forum’) and filed their separate written reply. O.P. No.1 taking plea that complainant failed to deposit regular annual premium with O.P No.1 and thus policy of complainant was terminated in accordance with terms and conditions of policy due to no-payment of regular premium. So, there was no deficiency in service on the part of O.P No.1 and prayed for dismissal of complaint.

3.                O.P. No.2 admitted the fact that Rs.20,000/- was paid by complainant through his account No.SB/829 on 07.09.2006, second premium of Rs.20,000/- on 22.09.2007 and third premium of Rs.20,000/- on 15.12.2018, but it was submitted that a sum of Rs.40,000/- was withdrawn from the saving bank account of complainant with O.P. No.2 and these two pay orders were got prepared by the complainant in the name of O.P. No.1. So, there was no deficiency in service on the part of O.P No.2 and prayed for dismissal of complaint

 

3.                After hearing both the parties, learned District Forum, allowed the complaint and directed as under:-

“Therefore, we direct the opposite party No.2 to refund Rs.40,000/- to the complainant along with interest at the rate of 9% p.a. from the date of filing of the complaint till realization. The complainant is entitled to Rs.5,000/- as compensation for mental agony and harassment as well as litigation expenses.”

 

4.                Feeling aggrieved therefrom, opposite party No.2 has preferred this appeal.

5.                The arguments have been advanced by Mr.Pawan Malik, learned counsel for the appellant and Mr.Kaushal Kalyan, learned counsel for respondent No.1. With their kind assistance the entire records of the appeal and original record of learned District Forum has been properly perused and examined.

6.                The basic and foremost question arisen before this Bench is that whether the complainant is entitled to get the amount of Rs.40,000/- which has been debited out of his account by the  officials of  O.P. No.2. As per the facts and circumstances brought into the notice of this Bench, it is admitted that at the time of issuance of insurance policy a sum of Rs.20,000/- was debited in the account of complainant on 07.09.2006 which was in fact credited in the account of insurance policy. Later on for making the payments of two other installments, the account of complainant was debited, but it was not credited in the account of insurance company. As far as question of issuance of two pay orders or the payment of insurance policy or any other form of the documents vide which, account of the complainant was debited on two counts. There can be only two propositions either to hand over the said documents to the person in whose favour the amount has been issued. In case, said documents or the pay orders or the payment has not been handed over to O.Ps. It was upon the complainant to approach the said bank for cancellation of documents. In this case as referred above, the amount was debited by O.P. No.2 on two counts. The pay orders or the payments were not credited in the account of insurance company, but in that eventuality, it would not be presumed that the present appellant would be liable to indemnify the loss. The complainant was required to be canceling the documents.  If the documents or the pay orders or payments have not been paid or cancelled, it is not responsibility of present appellant and as such, learned District Forum fell in grave error while allowing the refund of Rs.40,000/- to the complainant alongwith interest and allowing the compensation of mental agony.

7.                Resultantly, we accepting the appeal in toto, impugned order dated 19.01.2017 passed by learned District Forum is set aside and complaint is dismissed.

8.                Statutory amount of Rs.25,000/- deposited at the time of filing the appeal be refunded to the appellant against proper receipt and identification in accordance with rules.

 

 

August 14^th,  2018                                                                 Ram Singh Chaudhary

                                                                                                Judicial Member

                                                                                                Addl. Bench

R.K