STATE CONSUMER DISPUTES REDRESSAL COMMISSION WEST BENGAL FIRST APPEAL NO. SC/19/A/1056/2016 Milind A. Kharat, Chairman-cum-Managing Director, United India Insurance Co. Ltd.

PRESENT ADDRESS - 24, Whites Road, Chennai - 600 014. ,WEST BENGAL.

The Regional Manager, United India Insurance Co. Ltd.

PRESENT ADDRESS - Chowringhee, Kolkata - 700 071. ,WEST BENGAL.

The Divisional Manager, United India Insurance Co. Ltd.

PRESENT ADDRESS - Park Street, P.S. - Park Street, Kolkata - 700 016. ,WEST BENGAL.

.......Appellant(s)

Versus Ten Dot Net Cable Pvt. Ltd.

PRESENT ADDRESS - 95/15, Bose Pukur Road, P.O. & P.S. - Kasba, Kolkata - 700 042, rep. by Swarup Maitra, Employee. ,WEST BENGAL.

Tanmoy Das, Development Officer, United India Insurance Co. Ltd.

PRESENT ADDRESS - Park Street, P.S. - Park Street, Kolkata - 700 016. ,WEST BENGAL.

Soma Debnath, Agent Code no.AG0004851, United India Insurance Co. Ltd.

PRESENT ADDRESS - Park Street, P.S. - Park Street, Kolkata - 700 016. ,WEST BENGAL.

M/s. PCM Alloys Steel Pvt. Ltd.

PRESENT ADDRESS - 10-C, Middleton Row, 4th Floor, Block - C, Kolkata - 700 071. ,WEST BENGAL.

M/s. Power Grid Corporation PRESENT ADDRESS - J-1-15, Block - EP, Sector - V, Kolkata - 700 091. ,WEST BENGAL.

.......Respondent(s)

BEFORE:

HON'BLE MR. AJEYA MATILAL , JUDICIAL MEMBER HON'BLE MR. NITYASUNDAR TRIVEDI , MEMBER FOR THE APPELLANT:

Milind A. Kharat, Chairman-cum-Managing Director, United India Insurance Co. Ltd., Ms.

Sumita Roy Chowdhury (Advocate)

The Regional Manager, United India Insurance Co. Ltd.The Divisional Manager, United India Insurance Co. Ltd.

FOR THE RESPONDENT:

Ten Dot Net Cable Pvt. Ltd. , Mr. Shuvajit Banerjee.Mr. Chiranjib Saha.Mr. Sudip Mondal. (Advocate) DATED: 15/09/2025

ORDER

HON’BLE MR. NITYASUNDAR TRIVEDI, MEMBER Being aggrieved by and dissatisfied with the Judgment dated 19.09.2016 passed by the Ld. DCDRF, Kolkata Unit—II in connection with Complaint Case No. CC/519/2015 allowing the Complaint Case on contest against the OP Nos. 1 to 7 and directing the OP No. 2 to refund the premium amount of Rs. 5,25,895/- and Rs. 34,060/- totaling of Rs. 5,59,955/- with interest @ 9% p.a. from the date of deposit i.e. from 13.02.2014 within one month from the date of this Order.

OP No. 2 is further directed to pay Rs. 10,000/- towards compensation for causing harassment, mental agony and sufferings to the Complainant together with Rs. 10,000/- towards litigation cost within the aforesaid stipulated period, failing which, a penal damage of Rs.200/- per diem to be paid to this Forum till full satisfaction of the decree.

The Appellants/OP Nos. 1, 2 and 3 preferred this Appeal.

The brief fact of the case in short is like that the Complainant, M/s. Ten Dot Net Cable Pvt. Ltd. issued two cheques bearing Nos. 635735 of Rs. 34,060/- and 635853 of Rs. 5,25,895/- for the purpose of making insurance policies for the factory building with stock as well as employees compensation liabilities policy in favour of the United India Insurance Co. Ltd. drawn on Allahabad Bank through OP No. 5 Soma Debnath and OP No. 4 Development Officer viz. Tanmoy Das. The cheques said were encahsed in favour of United India Insurance Co. Ltd. dated 06.02.2014 and 13.02.2014 respectively. Till date complainant has not received any policy papers from OP no. 4 (Development Officer, United India Insurance Co. Ltd.) and OP No. 5 (Agent, United India Insurance Co. Ltd.). They demanded an amount of Rs. 2,82,630/- more. Complainant issued a cheque on the said amount but directed Kotak Mahindra Bank to stop payment knowing first the identity of the OP Nos. 4 and 5 is fake. Complainant informed the officials of the Insurance Company but they informed that they have handed over all policy papers. On being asked the regional Manager, of the Insurance Company informed that on 04/08/2015 details of policy along with duplicate policy papers were issued in the name of Power Grid Corporation of India Ltd. and PCM Alloys Steels Pvt. Ltd. Complainant informed OP Nos. 1, 2 and 3 that they ar