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K.S.P
A-14-1206
Page 1 of 8
BEFORE THE CONSUMER DISPUTES REDRESSAL COMMISSION,
GUJARAT STATE AT AHMEDABAD.
Court-3
APPEAL NO. 1206 of 2014 Dt: 11.06.2021
Manager Shri, Bank of Baroda,
Marketyard Patan Branch,
Tirupati Cross Roads,
Dist: Patan.
…Appellant
Vs.
1. Patel Hardik Kanubhai
67, Tirupati Nagar Society,
Ambaji Nagar Road,
Dist: Patan.
2. Manager Shri,
New India Insurance Com. Ltd.
104, Dev Arc Mall,
1st Floor, Iscon Mall,
Opp. Bigbazar, S. G. Highway,
Ahmedabad.
...Respondents
Appearance: Mr. N. P. Gandhi, Ld. Advocate for the Appellant
Mr. S. H. Dave, Ld. Advocate for the Res. No.1
Mr. Anmol, Ld. Advocate for the Res. No.2
Coram: (Shri S. N. Vakil, Member)
(Smt. J. Y. Shukla, Member)
Order by Shri S. N. Vakil, Member
1. This Appeal is by the bank of Baroda.
2. The Complainant – Patel Hardik Kanubhai filed Consumer Complaint
being CC No. 9/2014 with CDRF, Patan against the Bank of Baroda and
New India Insurance Co. Ltd. that he has current bank account bearing
No. 08410200008685 with the bank of India, for the renewal of
insurance of his car bearing No. GJ-2-BD-8187 issued the cheque of Rs.
Details
DD
MM
YY
Date of Judgment
11 06
2021 Date of filling
26 08
2014 Duration
16 09
K.S.P
A-14-1206
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17,975/- dated 22.10.2013 to the New India Insurance Co. Ltd., the
insurance company deposited the cheque which came for clearing with
the Bank of Baroda, Patan. The bank cleared the cheque on 25.10.2013,
debited amount and then gave credit thereof and without any reasonable
cause, returned the cheque bearing No. 813555. Therefore, the insurance
company
cancelled
the
insurance
bearing
policy
No.
21260031130300015710 for Rs. 5,66,063/- issued on 23.10.2013 and
informed the complainant on 28.10.2013. Though there was sufficient
balance the bank returned the cheque whereby the insurance of the car
came to be cancelled. Mobile number was there in complainant account
yet the bank did not inform orally or by massage whereby the insurance
came to be cancelled. Had the bank informed the complainant orally or
by massage through the mobile phone, he would have contacted the
insurance company and had the insurance continued by redepositing the
cheque or paying the amount by cash. Before he came to know that the
insurance has been cancelled on 28.10.2013. His car got totally lost in
an accident in the night of 27.10.2013. Had the insurance continued, he
would have received the amount of total loss from the insurance
company but the bank having negligently and carelessly returned the
cheque without any reasonable cause, the insurance was cancelled.
Therefore, for this deficiency he claims Rs. 5,66,063/- being the policy
amount of the car, Rs. 20,000/- towards mental pain and Rs. 20,000/-
towards costs in all Rs. 6,06,063/-. According to the approved surveyor-
report total loss is Rs. 8,90,174/-.
3. Defence of the Bank of Baroda vide written version is of denial. Account
payee cheque bearing No. 813555 for Rs. 17,975/- of bank of Baroda,
Patan Branch was deposited by the New India Insurance Co. Ltd with the
HDFC Bank, Navrangpura Branch. It came for clearing with bank of
K.S.P
A-14-1206
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Baroda to Navarangpura Service Branch Ahmedabad, which immediately
informed to the HDFC Bank which endorsement “Image not clear present
again”. There is no carelessness or negligence by the bank. The opponent
bank informed the insurance company also. There is no deficiency in
service or carelessness. Therefore any loss to the complainant has not
been for any mistake of the opponent.
4. Defence of the New India Insurance Company Ltd. vide written version is
of denial. The New India Insurance Co. Ltd., Ahmedabad by registered
A/D letter dated 28.10.2013 addressed to the complainant intimated
regarding dishonored cheque by mentioning that payment vide cheque
No. 813555 drawn by the complainant o
