West Bengal

Burdwan

CC/61/2018

Mr.Ramsaran Das - Complainant(s)

Versus

TheManager/Director Pancard Clubs Limited - Opp.Party(s)

Amit Kumar Show

31 Jul 2019

ORDER

Date of filing: 13.04.2018                                                                            Date of disposal: 31.07.2019

 

Complainant:              Mr. Ramsaran Das, S/o. Natuni Das, residing at Manteshwartala, Lichu Bagan, PO: Kanchannagar, PS: Bardhaman Sadar, District: Burdwan, now Purba Bardhaman, West Bengal, PIN – 713 102.

 

- V E R S U S -

 

Opposite Party:  1.      The Manager/Director, PANCLUB CLUBS LIMITED, Gopal Bhavan, 3^rd Floor, Parbirhata, near Nivedita Club, PO: Sripally, PS: Bardhaman Sadar, District: Burdwan, Now Purba Bardhaman, West Bengal, PIN – 713 103.

                            2.     The Manager/Director, PANCLUB CLUBS LIMITED, 28/2, Centre Point Building, 3^rd Floor, Room No. 301A, Shakespeare Sarani (near 7 point crossing), Park Circus (near Saturday Club), Kolkata – 700 017.

                             3.    The Manager/Director, PANCLUB CLUBS LIMITED, 111/113, Kalidas Udyog Bhavan, Near Century Bazar, Prabhadevi, Mumbai – 400 025.

                              4.   Dhanapati Boler, S/o. Ganapati Boler, Kanchannagar Bazar, PS: Bardhaman Sadar, District: Burdwan, now Purba Bardhaman, West Bengal, PIN – 713 102.

Present:

           Hon’ble President: Smt. Jayanti Maitra (Ray).

Hon’ble Member: Smt. Nivedita Ghosh.

 

Appeared for the Complainant:                             Ld. Advocate, Amit Kumar Shaw.

Appeared for the Opposite Party Nos. 1, 2 & 3: None (ex parte).

Appeared for the Opposite Party No. 4:               Ld. Advocate, Pravat Kumar De. 

 

J U D G E M E N T

 

This is a case under Section 12 of the C. P. Act, 1986 filed by the complainant. Complainant stated in the petition that he is a bonafide consumer in respect of OPs having its Branch Office at Purba Bardhaman (OP-1) and OP-3 having its Head Office at Kolkata (OP-3) is a Manager/Director of the Pan Card Club Ltd. and OP-4 is the agent of the Ops.

That OP-4 approached the complainant to enter into policy of 5 years, namely, Sunrise Holidays. The complainant should get 240 room nights to use but shall get return Rs. 1800=00 per unutilized room night after the tenure of 5 years. Being convinced by OP-4 complainant handed over Rs. 2, 16,550=00 by cheque to OP-4 and OP-4 handed him the receipt BDN-152289.

The policy certificate filed being Policy No. 1445974 and Folio No. 1044-01-19206. The policy period was 07.04.2011 to 07.04.2016. Complainant stated that he never used any of the said Room Nights. Complainant also received Rs. 1800=00 per month against the policy during the said policy period.

After the policy period ending on 07.04.2016 the complainant requested to OP-4 to make arrangement for surrender of the Room Nights and get the surrender value per unutilized Room Nights calculated as Rs. 4, 32,000=00. He was asked to submit the documents before OP-1 for settlement of the claim. Then complainant visited OP-1 on 08.04.2016 with all necessary documents but OP-1 denied to receive the documents and asked him to come after some days.

Lastly on 19.04.2016 the OP-1 took the necessary documents from the complainant and issued acknowledgement dated 19.06.2016 asking the complainant to visit after 10 days. Complainant again visited on 29.04.2016 but he was asked to visit again after 10 days. Then the hopeless complainant sent legal notice to OP-1 and OP-2 and OP-3 through ld. Advocate. But Ops neither settle the claim nor repudiated the same and very much reluctant. The Ops for wrongful gain collected the money from the complainant and therefore follow illegal trade practice and are also deficient in service.

Cause of action arose on 07.04.2016 when he first visited OP for settlement of the claim. The complainant prays for direction upon the OPs to pay Rs. 4,32,000=00 as a claim for unutilized Room Nights under the policy and also Rs. 35,000=00 for illegal trade practice and deficiency in service, Rs. 20,000=00 for mental agony and Rs. 10,000=00 for litigation cost.

Decision with reasons:

OP-1, 2 & 3 refused to receive notice of this case. Therefore, the service of notice upon OP- 1, 2 & 3 is valid and case is heard ex parte against OP-1, 2 & 3. They did not appear or file any written version. OP-4 files written version after making appearance in this case. OP-4 stated that he is not an agent of the OP- 1, 2 & 3 and complainant never approached him for purchasing policy of OP – 1, 2 & 3. He denied all allegations of the complainant against him and submits that he has no connection with the OP – 1, 2 & 3 that appears from the documents file the policy papers etc. It will transpire that one Mrs. Madhumita Singha is Marketing person named in the policy papers and nowhere from the documents submitted by complainant there is name of the OP No. 4.

There is no mention of this OP as an agent as alleged. From the documents filed by the complainant it appears that complainant paid Rs. 2, 16,550=00 to the OP-1, 2 & 3 and there and the receipt is filed relating to Holiday Room Nights along with other Administrative charges total Rs. 2,16,000=00 was paid by the complainant to the Ops. The policy papers are also filed. Complainant filed acknowledgement receipt showing reference to this policy dated 19.04.2016 when he deposited his claim papers before Ops for realization of his claim.

Therefore, complainant has been able to prove that he paid Rs. 2,16,550=00 and also policy certificate was issued being Policy No. 1445974, Folio No. 1044-01-19206. The policy period ended on 07.04.2016 and he contacted OP-Insurance Company for realization of his policy amount. He is to get the surrender value of Room Nights as per terms of agreement of the policy at the rate of Rs. 1800=00 per unutilized 240 Room Nights totaling Rs. 4, 32,000=00. The policy period was 07.04.2011 to 07.04.2016. Complainant visited office of OP-1 on 08.04.2016, 11.04.2016 and also on 19.04.2016. He deposited necessary documents and acknowledgement receipt was issued by OP. He repeatedly visited the office of Ops but OP did not pay the said amount of Rs. 4, 32,000=00. Therefore, complainant by submitting necessary documents has been able to prove this case ex parte to realize Rs. 4, 32,000=00 from OPs under policy for 240 unutilized Room Nights. However, complainant failed to file any documents where from it will transpire that OP-4 was agent of OP-1 and through him complainant handed over the cheque of Rs. 2, 16,550=00 for the policy as alleged.

After hearing Ld. Advocate for the complainant and ld. Advocate for OP-4, on perusal of the documents filed by the complainant, this Forum hold that complainant has been able to prove his case against OP Nos. 1, 2 & 3 ex parte. He is entitled to get relief accordingly. Fees paid is correct.

Hence, it is

O r d e r e d

that the Consumer Complaint being No. 61/2018 be and the same is allowed ex parte against the O.P. Nos. 1, 2 & 3 with cost and dismissed on contest against the O. P. No. 4 without any cost.

            The O.P. Nos. 1, 2 & 3 are directed to pay either jointly or severally Rs. 4, 32,000=00 (Rs. Four lack thirty two thousand) only to the complainant along with interest @8% (eight per cent) per annum from the date of filing of this complaint till its realization and the O. P. Nos. 1, 2 & 3 are also directed to pay either jointly or severally Rs. 5,000=00 (Rs. Five thousand) only as compensation for harassment, illegal trade practice, deficiency in service and for mental agony and also to pay Rs. 2,000=00 (Rs. Two thousand) only as litigation cost to the complainant within 45 (forty five) days from the date of passing of this award, failing which, the complainant is at liberty to put the entire award in execution as per provisions of law.

Let plain copies of this order be supplied to the parties free of cost as per provisions of law.

Dictated & Corrected by me:                                                              (Jayanti Maitra (Ray)

                                                                                                                     President

     (Jayanti Maitra (Ray)                                                                    DCDRF, Purba Bardhaman

                President

DCDRF, Purba Bardhaman

 

                                                                 (Nivedita Ghosh)

                                                                        Member

                                                         DCDRF, Purba Bardhaman