Hon’ble Mr. Haradhan Mukhopadhyay, President.
The concise fact of the case of the Complainant is that the Complainant executed a policy with the OP the Manager Pan Card Club Limited, 1st Floor, B.S. Road, Cooch Behar, Pin-736101 having Folio No. Coo84349.57-20-01114127, offer price Rs.5,400/- and cash amount Rs.1,00800/- expiry on 26.08.16. Accordingly, the Complainant invested Rs.50,500/- on 26.05.2010 with the OP company for that policy. After maturity of the said policy the Complainant went to the Office of the OP for withdrawing the maturity money but the OP authority dragged the matter for a long time on different pretext and did not pay the money till date. The Complainant is physically handicapped person and as such he has been suffering under great financial crisis. The aforesaid acts of the OP amounts to deficiency in service. So the Complainant prayed for Rs.1,00800/- together with interest towards the maturity value of the policy, Rs.60,000/- for mental pain and agony, Rs.20,000/- towards litigation cost and Rs.3,200/- conveyance cost, total Rs.1,84,000/-.
As per order of this Commission vide order No.06 dated 02.04.18 this Commission passed an order for running the case ex-parte against the OP.
The Complainant in order to substantiate the case adduced evidence by filing evidence on affidavit and through different documents Annexure- 1 and 2 are the Aadhar Card and Voter Id Card of the Complainant Thakurdas Biswas being the Complainant. Annexure-3 is the disability certificate of the Complainant dated 15.09.09 through which it transpires that the Complainant is disabled to the extent of 80%. Annexure-4 is the copy of a certificate dated 10.03.17 issued by Barobisha Gram Panchayet under which he was enrolled in BPL list.
Annexure-5 is the copy of insurance policy in the name of the Complainant Thakurdas Biswas with the OP company Pan Car Club Limited dated 26.05.2010 being the date of commencement of the policy and the date of maturity being 26.08.2016 for a sum of Rs.5,400/- estimated value is Rs.1,00800/-.
Annexure-6 is the acknowledgment issued by OP company Pan Card Club showing NEFT done in the name of the Complainant Thakurdas Biswas having another part being Annexure-7. The Complainant also proved the news paper showing that the news paper publication was given vide order No.31 dated 17.08.2022. Despite news paper publication against the OP Pan Card Club the OP failed to appear. Accordingly the case is heard ex-parte against the OP.
Thus the Complainant proved the case against the OP through both oral evidence in the form of evidence on affidavit and different documents showing purchase of policy and investment with the OP.
The entire oral and documentary evidence stands unchallenged and un-discarded in as much as the OP preferred not to contest the case. The Complainant successfully proved the case against the OP ex-parte. The OP could not make out any defence case nor could they adduce any evidence in support of any defence case in their favour. Thus having assessed the entire oral evidence in the form of evidence on affidavit and documentary evidence which are unchallenged, the Commission comes to the findings that the present case stands proved against the OP ex-parte.
In the result the case succeeds ex-parte.
Hence, it is
Ordered
That the complainant case No. CC/3/2018 be and the same is allowed ex-parte against the OP with cost of Rs.20,000/-.
The Complainant Thakurdas Biswas do get an award for sum of Rs.1,00,800/- towards the maturity value of the policy against the OP company, Rs.60,000/- towards harassment and mental pain, Rs.3,200/- towards conveyance allowance and Rs.20,000/- towards litigation cost against the OP.
The OP Pan Card Club is directed to pay a sum of Rs.1,84,000/- to the Complainant Thakurdas Biswas within 30 days of passing the Final Order failing which the OP shall be liable to pay an interest @ 6% per annum on the awarded money from the date of Final Order till the date of its realization.
The CC case No.CC/3/2018 is disposed of ex-parte.
Let a plain copy of this order be supplied to the parties concerned by hand/by post forthwith, free of cost for information and necessary action, if any.
The copy of the Final Order is also available in the official Website www.confonet.nic.in.
DA to note in the trial Register.
Dictated and corrected by me.
