BALURGHAT TRANSPORT CO. LTD. vs NEW INDIA ASSURANCE CO. LTD.

VIDE order dated 11.5.1998 the Forum dismissed the complaint on the ground that the term of the policy ran for the full period and the period has expired. The Forum further observed that it is claim for refund of money after the expiry of the Insurance Policy.

FEELING aggrieved by the dismissal order the complainant has appealed. The complainant has prayed for refund of excess amount allegedly paid by them to the Insurance Company towards carrier legal liability policy. The total amount paid for this policy was Rs. 97,878/-. The complainant requested the Insurance Company to adjust the premium amount thus paid against the actual despatches made and to remit the balance amount aggregating Rs. 47,211.53 paise. The case was contested by the Insurance Company by filing written version wherein it has been challenged that the present dispute is not a consumer dispute. The charge for service is essentially a matter of pricing which cannot be adjudicated by the Forum. The Insurance Company informed the complainant further that no refund was permissible as per terms and conditions contained in the policy. The Insurance Company referred the matter to the Tariff Advisory Committee and the matter being pending there no relief can be granted to the complainant. It appears from the pleading of the parties that the claim is essentially a money claim. The complainant has prayed for refund of the excess amount of premium paid by the complainant to the Insurance Company under carriers legal liability insurance. Admittedly the period of the policy has expired. In our opinion the refund of excess amount received by the Insurance Company is not a relief that should be granted by the Consumer Redressal Agency under the provision of the C.P. Act. Several decisions of the Hon''ble National Commission have been cited by the respondent in support of the contention that no deficiency in service is involved in the present litigation. The dispute related mainly to money claim on the basis of a policy, the term of which has already expired. Accordingly we think that the appeal deserves dismissal which we hereby do. Accordingly the appeal be dismissed on contest. The appellant may approach the Civil Court for redress if so advised. Appeal dismissed.