Present: Sri Manoranjan Hazra,President.

Sri Lingaraj Khadanga,Member.

C.C.No.90/2009

Parbati Sahoo,

At:Gothamuha,PO:Kaitha,

Via:Chhatia,Dist:Cuttack,

At present C/O:Hadibandhu Sahoo,

Choudwar Bada Bazar,

Near Palamandap,Ward No.4,

P.O/P.S:Choudwar,

Dist:Cuttack. … Complainant.

Vrs.

1. The Branch Manager,

M/s. The Peerless General Finance

& Investment Co. Ltd.,

Link Road,Cuttack.

2. The Officer-in-Charge,

Central Maturity Cell(Kolkata),

M/s. The Peerless General Finance

& Investment Co. Ltd.,Chouringee Square,

2nd Floor,Kolkata. … Opposite Parties.
JUDGMENT DT.11.11.09

Sri Lingaraj Khadanga,Member

Alleging deficiency in service caused by the Opposite Parties. in not remitting the matured value in respect of certificate No.A 1435839, this case has been filed claiming payment of maturity money of Rs.4820/- along with litigation cost and compensation etc. totaling Rs.29,820/- on the following grounds.

1. The complainant is a policy holder under Opposite Party No.1 and bears the above policy holder certificate which was matured in the year 2004-05. For receipt of the matured value, he submitted necessary documents such as bank account pass book, photo identity card etc. and waited for receipt of the matured value. The documents were received by Opposite Party No.1 who, in turn, sent them to Opposite Party No.2 in 2005(Annex-1 series).

2. Due to non-payment and delay in payment of maturity value in spite of submission of required documents, the complainant served a notice through his counsel and after receipt of notice, the Opposite Party No.1 replied that payment vide cheque no.1216777 for Rs.4820/- drawn from ICICI Bank was issued on 15.7.05 to the complainant. A copy of the legal notice and reply of the Opposite Party No.1 are annexed at Annex-2 series. Since the payment has not been made to him till now, this case has been filed claiming as above.

3. On the other hand, learned counsel appearing on behalf of the Opposite Parties. 1 & 2 in his written version as well as in course of hearing challenges the complaint petition on the following grounds.

(i) The complaint is barred by limitation as per Sec-24(A) of the Consumer Protection Act since the cause of action is in 2005 the case has been filed during 2009. Further he states that the Opposite Parties. have released the maturity value of certificate No.A 1435839 by Account Payee Cheque No.216777 dt.15.7.05 for Rs.4820/- drawn on ICICI Bank in favour of the complainant and the same has duly been encashed on 4.8.05 by her. Hence the question of further payment does not arise. Further he states that the account payee cheque bearing no.216777 dt.19.3.05 for Rs.4820/- was issued by Opposite Party No.2 in favour of the complainant mentioning banks name as CCC Cooperative Bank Ltd. but after getting the said account payee cheque the complainant instead of presenting the cheque in question through CCC Cooperative Bank, presented the same before Kalinga Gramya Bank,Chatia and got the cheque encashed on 28.5.09. In this connection he relies on correspondences placed. at Annexes-A,B,C,D & E respectively. Since the complainant has received the cheque herself and encashed through Kalinga Gramya Bank,Chatia, this case has been filed erroneously suppressing material facts vexatiously and on the above grounds he prays to dismiss the case against him.

4. From above, the following issues need determination for deciding the case.

(a) Whether the case is maintainable or not?

It is admitted by the complainant that the certificate was matured in the year 2005 and he submitted required papers for receipt of matured value during that year. Only in 2008 he filed a legal notice alleging non-receipt of matured value. Why no action was taken by him during a span of long 3 years i.e. from 2005 has not bee explained? Since the cause of action arises with submission of required documents during 2005, we find the case is barred by limitation and hence not maintainable as enshrined U/S-24(A) of the Consumer Protection Act.

(b) Whether the Opposite Parties are deficient in their services or not.
Even if the case is not maintainable, we find the matured value has been received by the complainant through an account payee cheque which has been encashed through Kalinga Gramya Bank and in this connection evidence was produced before us are duly relied upon. The learned counsel for the complainant can not substantiate his allegations regarding non-payment and we find the allegations are frivolous/vexatious with suppression of material facts. Considering the nature of complainant we direct the complainant to pay a cost of Rs.2000/-(two thousand) only as enshrined U/S.26 of Consumer Protection Act to the Opposite Parties within a period of one month from the date of this order.

Judgment pronounced in the open Forum on this the 11th day of November,2009 under the seal and signature of this Forum.

i m a costmr of this compny since 1984. i invested d amount in 1984 but still unable to get the money... so plz kindly do something in my favour...



thanks,
amit sharma s/o jagdish prasad, devi gate mohalla, kaman (bharatpur) rajasthan.
pin- 321022.


id- amit_times2008@indiatimes.com..
mob. 09982320663
09667264970
09891484824

i m a customerof this company since 1993. i invested d amount in 1993 but still unable to get the money... so pleaze kindly do something in my favour...



thanks,

AGENT NAME: mahesh k jetani
AGENT CODE NUMBER: 7398602
PREMIUM ACCEPTED BANK NAME: central bank of india


my mobile number:9913654655

I am customer of this company since 1995. i invested amount in 1995 but still unable to get the money... so pleaze kindly do something in my favour...



thanks,

AGENT NAME:
AGENT CODE NUMBER: 40323437
PREMIUM ACCEPTED


my mobile number:9820453991

hello sir, h r u i am chetan from baroda my father was joined in this company 1981 now up to now there is no ans from company so pls i request to u pls refund money



customer name : Mr. Ratanchand.K.Sanotra
code no :E 6848959/731
date :14-05-1981


customer name:Mrs.ushadevi.R.sanotra (28 wife)
code no :E 6848960/731
date :14-05-1981


my mobile number is - 91-955-854-0698

Ref MT/963/02/02-03/06606 dt 08/02/2003

From :-
S Nagendran, Sallavoor Village, Periya Pudur Post, Katpadi, North Arcot Dt, TamilNadu - 632059

Branch Details :- T V Malai (167 B Car Street, Triuvannamalai)

closure account and sent the amount
Bank - Corporation Bank, Bangalore

Dear sir


My daddy Mr.D.Sangaiah is customer of in ur Peerless general finance.I need one details.Please contact me.9791632710

Regards
S.Indira
Kumbakonam

hi.i am Karmjeet KAur..my husband JAgsir singh had ur policy..peerless pragati patra..certificate no. 260224..and office code no. is 673...he sumitted 9000/- rupees..the policy expire on 30/07/2002..now my husband id dead..i am his nominee.plz sent my chquee or payment as soon as possible.i need it very urgently...
.contact me at 09417939379