Judgment : Dt.6.3.2017
This is a complaint by (1) Shri Ranesh Chandra Majumdar, son of Late N.C. Majumdar and (2) Smt. Krishna Majumdar, W/O Shree Ranesh Chandra Majumdar, both residing at Flat 1A, 342, Prince Anwar Shah Road, P.S.- Lake, Kolkata-700 045 against United India Insurance Company Ltd. A Block, 7th floor, 15, Park Street, P.S.- Park Street, Kolkata-700 016, praying for refund of Rs.12,819/- with interest @ 10.75% p.a. on the above amount from 20.10.2015 to the date of payment and also compensation of Rs.15,000/- and with cost of dsRs.1,874/-.
Facts in brief are that on 13.10.2015, Complainant No.1 handed over two cheques to OP for renewal of Insurance policies in the name of Complainant No.2. Cheques were drawn on joint account maintained at SBI, Lake Gardens branch. Cheque No.986979 for Rs.4,080/- and cheque No.986980 were given for renewal of both the policies.
But, Complainant did not get any intimation from any OP regarding renewal. Thereafter, OP informed Complainant that valuation certificate would be compulsory for renewal of the policies. Till that time valuation certificate was never demanded. On 20.10.2015 OP obtained payment of both the cheques.
So, Complainant became entitled to renewal policy for which Complainant wrote to the OP on 30.3.2016, Complainant received letter, for personal appearance. Thereafter, the policies were not renewed due to non-submission of valuation certificate. So, Complainant files this complaint.
On the basis of above fact the complaint was admitted and notices were served on the OPs. OPs filed written statement. On perusal of the written statement, it appears that OP has denied the allegation of the Complainant. Further, OP has state that the renewed policy was sent by speed post on the recorded address. It was requested to the Complainant to furnish a valuation certificate. But, Complainant did not file any valuation certificate and lodged the complaint before Ombudsman. Hon’ble Ombudsman made direction to refund Rs.8,739/- on which Complainant was requested to send Bank details to refund the amount. But, Complainant failed to produce the bank detail. There is no deficiency in service. Rs.8,739/- is kept in scroll due to non-submission of bank details and so Complainant be directed to furnish bank details so that the amount be returned.
Decision with reasons
Complainant endorsed the petition of OP for fixing a date for argument and accordingly argument was heard.
Main point for determination is whether the Complainant is entitled to reliefs as prayed for.
First prayer of the Complainant is for refund of Rs.12,819/-. In this regard, it appears that one copy for the receipt showing Rs.8,739/- is filed. Further, it appears that copy of order of Ombudsman is filed which reveals that an order refunding Rs.8,739/- is made. There is no other document reflecting that Complainant paid Rs.12,819/-. As such, we are of the view that Complainant is entitled to the refund of Rs.8,739/-. The allegation which Complainants have brought could not be proved. So, they are not entitled to compensation or cost.
Hence,
ordered
CC/601/2016 is allowed in part. OP is directed to refund Rs.8,739/- to the Complainant within three months of the order by an A/C Payee cheque in the joint names of Complainants, in default the amount shall carry interest @ 10% p.a.
