Date of filing: 01.06.2018 Date of disposal: 18.09.2018
Complainant: Simpy Agarwal, W/o. Mr. Manish Kumar, D/o. Sri Nand Kishor Agarwal, resident of Jamuria Bazar, PO: Jamuria, PS: Jamuria, Near Bank of India, District: Burdwan, PIN – 713 336.
Opposite Party: 1. National Insurance Co. Ltd., having its Branch Office at Plot No. 408 (First Floor), 29/1, N.S. B. Road, Opp. of Ashok Petrol Pump, Raniganj, Dist: Burdwan, PIN – 713 107, represented by its Chairman.
2. The Chairman, National Insurance Co. Ltd., having its registered office at 3, Middleton Street, Post Box- 9229, Kolkata , PIN – 700 071.
3. Bank of India, having its Branch Office at Jamuria Branch, PO: Jamuria Hat, OS: Jamuria, Dist: Burdwan, PIN – 713 336, represented by its Branch Manager.
4. MedSave Health Insurance TPA Ltd., (formerly known as Med-save Health Care TPA Ltd.), having its branch-office at A. K. Trade Centre Pvt. Ltd., 3rd Floor, 1/1 Camac Street, Kolkata – West Bengal – 700 016, represented by its Manager.
Present: Hon’ble President: Smt. Jayanti Maitra (Ray).
Hon’ble Member: Ms. Nivedita Ghosh.
Hon’ble Member: Dr. Tapan Kumar Tripathy.
Appeared for the Complainant: Ld. Advocate, Chayan bhattacharyay.
Appeared for the Opposite Party : Ld. Advocate, Somnath Banerjee.
Order No. 24, Dated: 18.09.2018
This order is arising out of the Misc. Application being No. 31/2018 filed by the complainant in the C. C. No. 62/2017 praying for order directing the OP-3 to submit the copy of the renewal applications submitted by the complainant for the period from 2014-15 to 2018-19.
The specific case of the complainant is that inspite of auto-renewal mandate the Bank of India-OP-3 committed deficiency in service by not renewing the policy of the complainant for the period 2016-17 on or prior 06.02.2016, for continuing the policy on or 07.02.2016. In the written version OP-3 in Para 26 stated that because of absence of any instruction or mandate from the complainant/account-holder, Bank cannot debit the amount from the account to renew the policy within due date. But from the documents and conducts of the Bank it is evident that complainant has already given auto-renewal mandate since inception of the policy. On the basis of auto-renewal mandate, OP debited the amount from the account of the complainant to renew the policy. Therefore, he filed this Misc. Application to find out the real truth, the OP-3/Bank is required to be directed to submit the copy of the renewal applications submitted by the complainant for the period 2014-15, 2015-16, 2016-17, 2017-18 & 2018-19 before this Forum to adjudicate the matter as per law. Therefore he seeks necessary order of direction upon the OP-3 to submit those copies of renewal applications submitted by the complainant with above-mentioned successive five (5) years.
Heard both sides. Perused the petition and written objection thereof wherein OP stated that this OP acted only as a facilitator of the policy. The complainant’s father purchased the mediclaim policy from the OP-1 and this OP has no interest for insurance, since committed no deficiency in service by not renewing the policy in absence of any instruction and mandate from the account-holder to renew the policy. OP-3 rejects all the allegations of the complainant and prays for dismissal of the Misc. Application.
After hearing both sides, this Forum viewed for better appreciation of the dispute raised in this complaint case and for having a conclusive view in this matter, the application for renewal filed by the complainant for the consecutive five (5) years as mentioned above is very much necessary. Therefore, OP-3 is hereby directed to produce all those document of renewal of the policy as applied for by the complainant in the above mentioned period. With this observation, the OP-3 is directed to produce the documents for the said periods of five (5) successive years from 2014-14 to 2018-19 before this Forum at the time of final hearing of this case.
Hence, it is
O r d e r e d
that the Misc. Application being No. 31/2018 be and the same is allowed on contest against the Ops.
Let plain copies of this order be supplied to the parties free of cost as per provisions of laws.
Jayanti Maitra (Ray)
Dictated and corrected by me. President
D.C.D.R.F., Burdwan
Jayanti Maitra (Ray)
President
D.C.D.R.F., Burdwan
(Nivedita Ghosh) (Dr. Tapan Kr. Tripathy)
Member Member
D.C.D.R.F., Burdwan D.C.D.R.F., Burdwan
