DIST. CONSUMER DISPUTES REDRESAL COMMISSION
NORTH 24 Pgs., BARASAT.
C. C. CASE NO. 280/2021
Date of Filing: Date of Admission: Date of Disposal:
14.12.2021 28.12.2021 11.11.2022
Complainant/s:- | Gopa Roy Chowdhuri, W/o. Late Anup Kr. Roy Chowdhuri, D/o. Late Nihar Ranjan Roy, 51, Jessore Road(South), Indraprastha, Barasat(Behind Indian Silk House and Agencies) Kolkata-700127, P.O. Hridaypur, P.S. Barasat, Dist- 24 Pgs(N), West Bengal. = Vs.= |
Opposite Party/s:- | 1.The Director, PNB Met Life India Insurance Co. Ltd, Office Unit No.101, 1st floor, Techniplex-1, S.V. Road, P.O. and P.S. Goregaon (West), Mumbai-400062. 2. The Branch Manager, Punjab National Bank, Barasat Branch, Colony More, Kolkata-700126, P.O. Nabapally, P.S. Barasat, Dist- North 24 Parganas, West Bengal. |
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P R E S E N T :- Smt. Monisha Shaw …………………. Member.
:- Sri Abhijit Basu……………………….Member
JUDGMENT / FINAL ORDER
This is a complaint under Section 12 of the C.P. Act, 1986.
One complaint filed by the complainant under Section 35 read with Section 37 and 38 of the C.P. Act, 1986. The complaint is as follows:-
On 18.01.2021 for opening a fixed deposit account the complainant went to the office of the opposite parties, who are reputed insurance company and it deals in General Insurance of various types categories considering the interest of the public at large. The complainant paid Rs. 1,56,792.69 maintaining all formalities. But on 13.04.2021 the complainant received a letter dated 29.03.2021 that on the basis of reliable information and investigation it was found that the address of the complainant is incorrect, false and not traceable. The complainant and his son went to the O.Ps’ office with all relevant documents and they assured the complainant relating the matter. Thereafter the complainant through mail informed the O.Ps that the complainant is residing at the address mentioned more than 12 years and also practicing lawyer at Barasat District Judges Court about 30 years. So, the complainant is well known to her residential area and said court also. On 04.05.2021 from the end of PNB Met Life Insurance Co. sent a letter whereby it was stated that considering the part of the petitioner as an admission of their investigation the policy with risk coverage stands cancelled /void and premium paid by the petitioner stands forfeited. Thereafter the complainant went to the office of opposite parties and submitted documents and photographs etc but till date of filing the case no response was received from the end of Insurance Company. Thereafter over telephone and written correspondence was made by the complainant for settle the dispute but in vain. Hence the complainant filed by the complainant on 28.12.2021.
During pendency of the case the opposite parties paid Rs. 1,68,096.03 to the complainant of this case being CMS disbursement cheque being No. 536418 dated 30.06.2022 in favour of Gopa Roy Chowdhuri A/c. 3910000100049283 dated 30.06.2022, signed by Authorized signatories for PNB Met Life India Insurance Co. Ltd with interest.
Issue for this case
Whether this case is maintainable and within jurisdiction of this commission?
Whether the complainant is entitled to get relief in this case or not?
Contd/-2
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C. C. CASE NO. 280/2021
Reasons for Decision
Considering the facts and circumstances of the case as well as nature and character of the case all the points are interlinked with each other as such all the points are taken up together. The case is within the jurisdiction of the commission and the complainant is the customer of the opposite part. On or about within six months of pendency of the case the opposite parties paid entire money with the interest to the complainant. The opposite parties are not yet appeared in this case. As the opposite parties paid entire amount with interest as stated earlier. Hence the case is dismissed without cost and no litigation charge is allowed. Thus, the points are disposed accordingly.
Hence, for ends of justice
It is Ordered
The case is disposed of with full satisfaction and without cost.
Let plain copy of this order be given to the parties free of cost.
Dictated & Corrected by me
Member
Member Member
