State Consumer Disputes Redressal Commission

West Bengal

BHABANI BHAVAN (GROUND FLOOR)

31, BELVEDERE ROAD, ALIPORE

KOLKATA – 700 027





S.C. CASE NO.: FA/2009/125 DATE: 22.07.2009



DATE OF FILING: - 20.03.2009



APPELLANT : Branch Manager, Bank of India,

Krishnagar Branch, P.O.-Krishnagar, P.S.-Kotwali,

Dist-Nadia.



RESPONDENTS : 1. Sri. Prabir Kumar Goswami,

S/o Late Mohini Mohan Goswami.



2. Smt. Santana Goswami,

W/o Sri. Prabir Kumar Goswami.



3. Minor Sayantan Goswami,

S/o Sri Prabir Kumar Goswami,

88, Adwaitya Sarak, Barogoswamipara, P.O.-Santipur,

P.S.- Santipur, Dist- Nadia.



4. Branch Manager,

The New India Assurance Company Limited,

Krishnagar Branch, L.M. Ghosh Road, Bus Stand,

P.O.- Krishnagar, P.S.- Kotwali, Dist-Nadia.



5. Branch Manager, Allahabad Bank,

N.S. Road Branch, P.O.- Santipur, P.S.- Santipur,

Dist-Nadia.



6. Branch Manager, Allhabad Bank, Santipur Branch,

R.N. Tagore Road, (Near Dakghar More),

P.O.-Santipur, P.S.- Santipur, Dist- Nadia.









BEFORE: HON’BLE MEMBER : Sri. A.K. Ray.

MEMBER : Smt. Silpi Majumder.



FOR THE APPELLANT : Sri. S.K. Sengupta, Advocate.

FOR THE RESPONDENTS : 1-3. Sri. Deb Kumar Mukherjee, Advocate.

4. None.

5 & 6. Sri. G. Ghosh, Advocate.

-ORDER-



S. Majumder, Member.



This appeal has been directed against the judgment passed by the District Forum, Nadia, on 20.02.2009, in its case no-CC/2008/57, wherein the Forum below has allowed the complaint on contest against the OP-1-3 and exparte against the OP-4 with cost of Rs.2,000/-. The Forum has awarded a compensation of Rs.15,000/- in favour of the Complainants. The Op-1 was directed to continue the policy of the Complainants from 04.02.2008 to 03.02.2009 within 10 days from the date of receipt of the premium if not has already been received. The OP-1 was further directed to refund a sum of Rs.200/- to the Complainant-1, which was paid by him as bank charge. The Forum has directed the OP-1 and OP-3 to pay the cost and compensation amount of Rs.17,000/- in total (each 50%) to the Complainant no-1 within 45 days from the date of passing the judgment, failing wehich the amount would carry interest @10% p.a. from the date of passing the judgment till entire payment.



The brief facts of the Complainants before the Forum below were that the Complainants have their Janata Mediclaim Policy to the tune of Rs.50,000/- each and their premiums were of Rs.1400/-, Rs.800/- and Rs.700/- respectively in all Rs.2900/-+service tax of Rs.33/- i.e. in total Rs.2933/-. The Complainant-1 paid the said premium of Rs.2933/- through a cheque on Allahabad Bank, N.S. Road Branch, Santipur, dated 01.02.2008 from his savings bank account. On 19.03.2008 the Complainant-1 received the registered letter informing that the cheque was bounced for ‘Insufficient Fund’ and ‘Please note that the above-mentioned policy/collection stands cancelled since inception and we are not on risk in respect of the above Policy’. The Complainant-1 was informed by the OP-1 to return the certificate of the insurance policy to the office immediately and advised them to remit a sum of Rs.200/- towards bank charges in the letter-dated 19.03.2008. The OP-1 had sent the said cheque in the wrong branch for collection. He had sufficient amount in his account to satisfy the cheque, there was no question for bouncing the cheque. Due to the negligence of the OP-1 and 3 the Complainants debarred from getting insurance benefit. At that point of time i.e. 01.02.2008, in his account at the Allahabad Bank, Santipur Branch, N.S.Road the balance was of Rs.13,000/-. By filing the complaint the Complainants have prayed for direction upon the OP-1 to give effect of the policy and to pay them compensation of Rs.3,00,000/- and cost by the OP-1 and 3.



Being dissatisfied by the above-mentioned judgment the OP-3-Appellant has preferred this appeal before this Commission contending that the Forum below has failed to consider that the cheque was dishonoured due to wrong information supplied by New India assurance Company Limited and more particularly by Allahabad bank which made misleading and incorrect remark ‘insufficient fund’ instead of returning the cheque with the remark ‘not drawn on us’. The Appellant has mentioned in the memo of appeal that the Allahabad Bank could have sent the cheque to their appropriate branch for encashment instead of returning the cheque with wrong information. It has been submitted by the Appellant that the Forum did not consider that the Appellant-Bank and their officers acted as per the banking norms and the said officers acted on the information received from New India Assurance Company in their memo and as such the Appellant is not liable for return of the cheque wrongly. The Forum should have held that Allahabad Bank is responsible for their misleading and illegal return of cheque. According to the Appellant the Forum’s judgment is liable to be set aside due to its illegality and the Appellant has prayed for allowing the present appeal.



On careful perusal of the record and various documents it is seen by us that the Complainant have mediclaim policy and the Complainant-1 sent a cheque of Rs.2933/- dated 01.02.2008 to the New India Assurance Company Limited, Krishnagar Branch for the purpose of payment of premium of the said policy. But the Insuarnce Company did not receive the cheque amount as premium within the stipulated period and for this reason the Insuarnce Company had cancelled the Insurnce Policy due to non-payment of premium. After receipt of the said cheque amounting to Rs.2933/- the Insurance Company sent the said cheque to the Bank of India, Krishnagar branch for collection of money and the Bank of India nsent the said cheque to Allahabad Bank, Santipur Branch, R.N. Tagore Road for collection. The later Bank sent information to the Bank of India ‘insufficient fund’. But from the xerox copy of the said cheque it is evident to us that at the top of the said cheque it is written Allahabad Bank, Santipur Branch, N.S. Road. The Insuarnce Company in their memo has written only Allahabad Bank, Santipur Branch, in our opinion the insurance company ought to mention in their memo as to the specific address of the said branch of the Allahabad Bank. The Appellant had sent the said cheque to Allahabad Bank, R.N. Tagore Road. Though the specific and correct name of the branch was written at the top of the cheque, the Bank of India has negligently sent the said cheque to a wrong branch of Allahabad bank, where the Complainant has no bank account, there was deficiency in service on the part of the New India Assurance Company as they have failed to mention the specific address and name of the correct branch in their memo. It is clear to us that the Appellant upon receipt of the said cheque had not scrutinized the same and if they did the same then it will reveal to them Santipur Branch, N.S.Road instead of R.N. Tagore Road. Therefore, in our opinion by sending the said cheque to Allahabad Bank, R.N. Tagore Road the Appellant has committed negligence and deficiency in service. During hearing the Ld. Counsel for the Appellant has mentioned that deficiency has been occurred on behalf of the Respondent nos-5 and 6 as the R.N. Tagore Road Branch of Allahabad Bank sent as information as ‘insufficient fund’, according to the Appellant where there is no bank account in the name of the Complainant in the said branch, question cannot be raised as to insufficient fund and such misleading information by the said branch is an example of deficiency in service. But in our view the said information had in no way disturbed the interest of the Complainant and in case of cancellation of the insurance policy the Respondent nos-5 and 6 had no role. So we are not inclined to hold any deficiency in service on the part of the Respondent nos-5 and 6.



In view of our findings aforementioned and keeping in view the fact that the District Forum cannot be said to have acted without jurisdiction, we are of the opinion that no case has been made out for interference with the impugned judgment. The Appeal be accordingly dismissed on contest without any cost. The Judgment passed by the District Forum is hereby affirmed. The office is directed to send down a copy of this judgment to the District Forum and issue the same upon the parties free of cost forthwith.



(S.Majumder) (A.K. Ray)

MEMBER MEMBER