SUNJOY PODAAR Vs. UTI MUTUAL FUND AND ANR.

JUDGEMENT

(1.) This revision petition has been filed by the petitioner, Sunjoy Podaar, against the order dated 29.4.2011 of the State Consumer Disputes Redressal Commission, West Bengal (in short 'the State Commission').

(2.) The case of the complainant is that the Unit Trust of India, opposite party No. 1 introduced a medical plan titled Senior Citizens' Unit Plan (SCUP) in collaboration with the opposite party No. 2 for public subscription in mid-1993. The complainant invested Rs. 3,900 when he was 29 years old. Under the plan, the investor was entitled to medical coverage of Rs. 2.5 lakh after attaining the age of 58 years and further to Rs. 5 lakh coverage after the age of 61 years. There was a tripartite agreement of the UTI with the opposite party No. 2 and the hospitals to enable the members of SCUP to get medical treatment without payment on production of identity card. Unit Trust of India Act, 1963 was repealed on 2002 and the SCUP vested w.e.f. 1.2.2003 in UTI Mutual Fund (UTIMF), set up as a trust. UTIMF, by a circular dated 8.1.2008, intimated the complainant that it decided to terminate the scheme and plan SCUP from the close of its business on 18.2.2008. The complainant alleged that the features of the said circular of UTIMF were not there in SCUP and the complainant never agreed to bind himself to any amendment whatsoever. Nor was he even asked for such consent. The complainant challenged the unilateral termination of SCUP as illegal and unfair. The complainant, by e-mail dated 21.3.2008 followed by letter dated 24.4.2008 to the opposite party No. 1, protested the salient features of the circular and asked for the withdrawal of the circular.

(3.) The complainant then filed consumer complaint case No. CDF/Unit-II/CC No. 1021/2009 before the District Consumer Disputes Redressal Forum, Kolkata, Unit-II, (in short 'the District Forum'), which was dismissed vide order dated 5.8.2010.