O r d e r

Hon’ble Justice,

Sri M.K. Basu, President.

       This appeal arises out of an order passed by the Purba Medinipur District Consumer Forum in its Case No. 31 of 2005 to the effect that the OP having handed over a cheque for Rs. 10,055/- and the same being accepted by the complainant the case be disposed of being allowed in favour of the complainant.

Being aggrieved by this order the complainant Smt. Anjali Das has preferred the present appeal challenging the order as unjust, improper, cryptic and erroneous and hence liable to be set aside.

The case of the complainant is that she applied for loan from the H.D.F.C. bank, Tamluk Branch for purchasing a truck. The Bank insisted upon purchasing of a Policy of Insurance against such loan when the complainant approached the new India Assurance Co. Ltd, the O.P. for having an agreement of insurance as to that loan. Accordingly the Insurance Co. issued a Policy after collecting a sum of Rs.18,393/- from the complainant as premium etc. Thereafter the complainant took that policy to the Bank for taking the loan but the Bank officials after perusing that Insurance Policy expressed their surprise for the fact that there was no mention of any number of the vehicle in respect of which the Insurance Policy had been issued. On this question being put the Insurance Co, fumbled and agreed to refund the money already taken by them form the complainant. But in spite of repeated reminders ultimately they did not make payment of this sum. Hence the complainant was constrained to file this complainant before the consumer forum making a prayer for refund of the said money plus compensation.

The O.P. Insurance Co, contested the case before the Forum but ultimately they paid a sum of Rs.10,055/- to the complainant. On such payment being made the Forum passed the impugned order which have been discussed above.

It has been contended before us by the Appellant’s Ld. Advocate that the Forum in its hurry passed the said order without ascertaining from the complainant whether she had been satisfied regarding refund of her claimed amount and passed the order as if nothing more was due to the complainant from the Insurance Co. or that the complainant did not press her claim for that remaining amount. But actually the position was different. The complainant was not at all fully satisfied with such payment and she took it as part payment but the Forum passed the said order through perhaps some misgiving. It is argued by the Ld. Advocate for the Appellant before us that during the pendency of this appeal the Respondent Insurance Co. has sent a letter to the Appellant asking her to take a further sum of Rs. 8,338/- as the entire balance amount due to her but they had also expressed their unwillingness to pay any further amount on account of compensation etc. But the Appellant submits that this fact of their offering payment of the balance amount in full is an index of the fact that the amount is really due to the Appellant from them and they admit his and if that be so, then their refusal to pay the balance amount at the stage when the case was pending before the Forum in consequence of which the complainant was constrained to proceed with the litigation and to incur expenditure and also to suffer mental agony certainly constituted an act of deficiency and, therefore, there cannot b e and reason why the complainant should not be given reasonable amount of money as compensation payable by the Insurance Co. Giving your careful thought and compensation payable by the Insurance Co. Giving our careful thought and consideration to this contention and considering the fact that the Respondent. Insurance Co. is not caring to appear before this Court to challenge such points taken by the Appellant in her memo of appeal we have no doubt in our minds that eh Respondent having not paid the amount at the right time when the complainant claimed it before filing the case deficiently committed an act of negligence and, therefore, they are liable to pay compensation as enshrined under the provision of Consumer Protection Act. 1986.

Hence we hold that the Appellant is legally entitled to get the balance amount of the money which she had to pay to the Insurance Co. unnecessarily and which she is entitled to get back by way of refund. Out of the total sum of Rs.18,393/-, Rs.10,055/- having already been paid the balance amount due to her stands at Rs. 8,338/-. On account of compensation which is also quite legitimately admissible to her for the harassment which she has been subjected to suffer for illegal refusal of the Insurance Co. to pay back the money she should get Rs.3,000/- which in our view would not be at all excessive but quite commensurate with the agonies which she had to suffer. The fact that they have already paid a sum of Rs.10,055/- during pendency of the case before the Forum and that they are now offering to refund the balance amount of the money being Rs.8,338/- unerringly show that they have accepted the case of the complainant that such money is refundable to her or that they did not take this money from the Complainant justifiably. If that be so, the question why they did not come forward with such an offer for payment of the entire money at the earliest stage when the complainant made an appeal to them for a refund of the money certainly assumes significance. Because, they compelled her to come to the Court to have her legitimate dues realized from the Insurance Co. Therefore, it goes without saying that the Insurance Co. acted unjustly and improperly in refusing to refund the same and this of course constitutes an act of deficiency of gross negligence and deficiency.

It the result, therefore, it is ordered that the appeal be allowed ex parte without any cost. The impugned order of the Forum be modified to the extent that the Appellant-Complainant is entitled to get a sum of Rs.18,393/- by way of refund of the amount paid and Rs.3,000/- as compensation. The Insurance Co. having already paid Rs.10,055/- the balance amount of Rs.11,338/- now be paid by them within 30 days from the date of communication of this order, failing which, the amount shall carry interest @ 8% p.a. for the period of default.

LCR be sent down to the Forum below along with a copy of this Judgment forthwith.