DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,

KANDHAMAL, PHULBANI.

C.C. NO. 44/2023

Date of Filing: 17.02.2023

Date of Order:  31.07.2023

Smt. Padmini Pal,

W/O Sujit Kumar Pasayat,

At/PO – Ranapatuli Govt. (SSD) High School

District - Kandhamal                          ………………….    Complainant.

Versus.

Santosh Kumar Behera, Branch Manager,

State Bank of India, Raikia

At/PO-Raikia

District - Kandhamal                          …………………..     Opp. Parties.

Present:      Sri Purna Chandra Mishra - President

                   Sri Sudhakar Senapothi          - Member

For the Complainant:  Self

For the O.P.:               V.V.Ramdas, Advocate.

JUDGEMENT

Mr. Purna Chandra Mishra. President

          Complainant Padmini Pal has filed this case u/s 35 of the CP Act-2019 alleging deficiency of service on the part of the Opposite Party for converting her fixed deposit amount to SBI Life Insurance Scheme without her knowledge and consent and praying therein for direction to the Opposite Party to refund a sum of Rs. 5,00000/- (Five Lakh only) with interest and to pay cost and compensation for loss and harassment sustained by her.

1. Brief fact leading to the case is that the complainant had a RD account in SBI Raikia Branch which matured in the year 2021 and the maturity amount of Rs. 556414/- (Five Lakhs fifty six thousand  four hundred fourteen) was deposited in her account No. 11717514911. Out of this amount, she requested the Opposite Party to convert a sum of Rs. Five Lakhs towards fixed deposit for a period of two years. Thereafter, she provided a FD form and wanted to take her photographs and on being questioned regarding the necessity of photo, he stated that it is required to be pasted in the form. Thereafter, relying on his version, she signed in the application form and also returned the Pass Book on the plea that it is required for this purpose. After one month, the brother of the complainant intimated her that a booklet has come in her name and he has received it. After three months, she came to know on reaching home that it contains the Life Insurance Policy of SBI Life. On getting the Insurance Policy, she immediately proceeded to the Opposite Party and he was not available in the Branch, she returned back. In the month of November-2022, she received SMS in her Mobile Number 9439021159 to pay the second annual premium of Rs. 5,00000/- (Five Lakhs only). She was completely stunned and perturbed to receive this message and travelled a long way of 80 Kms from her work place to Raikia along with the booklet and met the Opposite Party. She met the Opposite Party and questioned him as to how the fixed deposit has been converted to one SBI Life Insurance Premium and why he has done it, the Opposite Party became furious and pushed her physically from his chamber. Feeling harassed and finding no other alternative she filed this case before this Commission for the reliefs prayed for in the complaint petition as discussed in the preceeding paragraphs.
2. After receipt of notice, the Opposite Party appeared through his Advocate and stated that SBI Life is a different entity and he has got nothing to do with the Insurance Policy. After maturity of the RD account on the basis of the request made by the complainant, he introduced herself to the SBI Life Executive and paid the amount on the basis of the debit voucher signed by the complainant. Therefore the allegation of the complainant is unfounded and without any basis and therefore, he prayed for dismissal of the complaint with cost.
3. During the pendency of the case, a sum of Rs. 5,00000/-(Five Lakhs only) has been returned back to the complainant with interest by SBI Life. So, the principal grievance of the complainant is redressed.
4. In our considered view, it is a case of mistake of fact and there was improper understanding between the parties and hence the order.

O R D E R

          The complaint petition is accordingly disposed off as the complainant has received her deposited amount with interest which has been paid by the SBI Life Insurance Company. In the peculiar fact and circumstance of the case, parties to bear their own cost.

          Pronounced in the open Commissioner today on this 31^st July 2023 in the presence of the parties.