Govt. of West Bengal
DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION –NADIA
170, DON BOSCO ROAD, AUSTIN MEMORIAL BUILDING
KRISHNAGAR, NADIA, PIN 741101, Telefax (03472) 257788
PRESENT : Shri dAMAN pROSAD BISWAS, PRESIDENT
: SMT MALLIKA SAMADDAR MEMBER
: SHRI NIROD BARAN ROY CHOWDHURY MEMBER
Case No. CC/46/2019
COMPLAINANT :1. Suchitra Biswas,
W/o. Late Aditya Kumar Biswas,
of Vill. Jagat Bandhu Ghat Lane,
P.O. Ghurni, P.S. Kotwali,
Dist. Nadia.
V-E-R-S-U-S
OPPOSITE PARTIES / 1.The Branch Manager,
State Bank of India,
Krishnagar Branch,
Main Branch (Br.Code 00122),
P.O. Krishnagar, P.S. Kotwali,
Dist. Nadia, Pin- 741101.
2.The Branch Manager,
State Bank of India,
Chhoto Andulia Branch (Br. Code 8858),
Vill. Chapra B.D.O. Office Premises,
District- Nadia, Pin- 741123.
Ld. Advocate(s)
For Complainant: Safikul Alam
For OP/OPs : Manas Kanjilal
Date of filing of the case :14.03.2019
Date of Disposal of the case :31.08.2023
(2)
Final Order / Judgment dtd.31.08.2023
Complainant above named filed this complaint against the aforesaid opposite parties u/s 12 of the Consumer Protection Act, 1986 praying for direction to the parties to take steps to run auto debit system immediately, direction to take steps regarding deposit premium, cost of this case and other reliefs.
She alleged that she had a bank account before the OP No.1 vide account no.11256191897. Complainant had one policy namely Pradhan Mantri Suraksha Bima Yojana being Customer C.F. No.1206918830 for yearly premium of Rs.12 per year with effect from 25.05.2015.
Subsequently, said account was transferred before the OP No.2 on 28.04.2017. During the period of maintaining account before the OP No.1 complainant authorised the OP NO.1 for auto debit of premium of Rs.12/- per year from his bank account. But complainant came to learn that her aforesaid policy not yet been renewed. He has filed one RTI on 11.06.2018 and came to learn that due to transfer of account auto debit system not yet work up. Hence the complainant filed this case.
OP No.1 contests this case by filing a W/V and he denied the entire allegations contained in the petition of complaint.
He further stated that complainant had a savings bank account at SBI, Krishnagar Branch. Subsequently it was transferred to SBI Chhoto Andulia Branch. Petitioner had a policy namely Pradhan Mantri Suraksha Bima Yojona and complainant allowed the SBI, Krishnagar Branch to auto debit amount from her savings bank account but after transfer of the bank account to the SBI Chhoto Andulia Branch said auto debit system did not work and the petitioner also did not authorise SBI, Chhoto Andulia Branch to auto debit the amount for premium. Once it was stopped, the consent of the petitioner/complainant was required to start the auto debit system.
OP No.1 further stated that he requested the complainant’s son to give such consent but complainant refused the same. He further stated that he is still now ready to restart the required auto debit system.
Case is running ex-parte against OP No.2 vide order no.24 dated 23.09.2022.
Trial
During trial complainant filed affidavit in chief. OP No.1 filed questionnaire and complainant gave answer.
Documents
Complainant filed the following documents.
- Xerox copy of RTI dated 21.07.2018..........(One sheet)
(3)
- Xerox copy of first page of Pass book vide A/C No.11256191897.........(One sheet)
- Xerox copy of account statement............(One sheet)
- Xerox copy of acknowledgement cum Certificate of Insurance........(One sheet)
- Xerox copy of document regarding complaint..........(One sheet)
- Xerox copy of document regarding complaint..........(One sheet)
Brief Notes of Argument
Complainant filed BNA. OP No.1 filed BNA.
Decision with Reasons
On careful scrutiny of the affidavit in chief filed by the complainant and W/V filed by the OP NO.1, we find that it is admitted position that complainant had one savings bank account before the OP No.1 that is SBI, Krishnagar Main branch and on that time complainant had one policy namely Pradhan Mantri Suraksha Bima Yojona and complainant issued auto debit system for deduction of premium at the rate of Rs.12 per year from her savings bank account.
It is also admitted position that as per prayer of the complainant said account was transferred to SBI Chhoto Andulia Branch that is OP NO.2. But OP No.2 did not continue the aforesaid auto debit system and did not continue the aforesaid policy by depositing the premium by way of auto deduct system after deducting the amount from the savings bank account of the complainant.
On perusal of documents filed by the complainant we find that her aforesaid policy did not continue at SBI Chhoto Andulia Branch that is before OP NO.2. OP No.1 in his W/V failed to assign proper reason as to why the aforesaid auto debit system was discontinued after transfer of the aforesaid bank account from Krishnagar Branch to Chhoto Andulia Branch . No doubt it is the latches on the part of the OP NO.1 & 2 and complainant should not suffer by any way.
On perusal of record, we find that complainant is the consumer and OP NO.1 & 2 are the service providers.
Having regard to the aforesaid discussion , it is clear before us that complainant has established in his grievance by sufficient documents and he is entitled to relief as per his prayer.
In the result, present case succeeds.
(4)
Hence,
It is
Ordered
that the present case be and the same is allowed on contest against the OP NO.1 and allowed ex-parte against the OP NO.2 with cost of Rs.3,000/- (Rupees three thousand) to be paid by OP NO.1 in favour of the complainant.
OP No.1 & 2 jointly or severally are directed to take steps for restoration of auto debit system in the savings bank account of the complainant which is lying before the OP NO.2 and to deduct the yearly premium of Pradhan Mantri Suraksha Bima Yojona at the rate of Rs.12 per year from the savings bank account of the complainant for the previous year and current year and to deposit the same in the proper account and to restore the said policy within 45 days from this date failing which complainant shall have liberty to put this order into execution.
OP No.1 & 2 jointly or severally are directed to pay compensation amounting to Rs.5,000/- (Rupees five thousand) in favour of the complainant within 45 days from this day for her harassment, mental pain and agony failing which complainant shall have liberty to put this order into execution.
Let a copy of this final order be supplied to both the parties as free of costs.
Dictated & corrected by me
............................................
PRESIDENT
(Shri DAMAN PROSAD BISWAS,) ..................... ..........................................
PRESIDENT
(Shri DAMAN PROSAD BISWAS,)
We concur,
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MEMBER MEMBER
(NIROD BARAN ROY CHOWDHURY) (MALLIKA SAMADDAR)
