Date of Filing:-21/11/2013

Order No. - 30                                                                                                                                                            Dt.-30/05/2016

F I N A L   O R D E R

 Shri Asoke Kumar Das, President

 Complainant’s case in short is that he purchased a 15 years money back Jiban Suraksha Policy being no.452423479 from O.P. LICI on 15/09/2003 and the sum assured was Rs.50,000/-. As per terms of the policy he was/is entitled to get, 30% of the sum assured after 04 years, 30% of the sum assured after 08 years and 40% of the sum after 12 years as serving maturity and after maturity of the policy he is entitled to get the vested bonus.. It is alleged  by the complainant that on 17/08/2011 LICI (O.P.1) sent him one cheque being no.07345 dt.15/09/2011 for Rs.15,000/- as 2^nd surviving maturity and on 15/09/2011 he presented that cheque to his banker viz Central Bank of India, Gairkata Branch (O.P.2), to credit entire amount to his account no. 1996377704. The cheque was dishonoured by his banker (O.P.2)and Rs.1,500/- was debited from his account as collection charge . He reported this matter to L.I.C.I (O.P.1) and approached the O.Ps. many times to solve the problem but in vain. On 04/02/2013 he wrote a letter to O.P.2(Central Bank of India) to settle the dispute and on 04/05/2013 O.P.2 wrote a letter to O.P.1 (LICI) stating that the cheque was dishonoured by Jalpaiguri Branch of Central Bank of India with request for sending statement immediately . But the O.ps. have not settled his claim till date. Hence this case.

   Notice was served upon the O.Ps. O.Ps. 1 and 2 have contested this case by filing separate Written Version wherein they have denied and disputed the claims and contention  of the complainant with prayer for dismissal of the case with cost.

           The specific stand of O.P.1(LICI) is that they have paid Rs.15,000/- to the complainant for his 2^nd survival benefit which was due on 15/09/2011 by cheque no.007345 on UBI Birpara Branch dt.15/09/2011 which was cleared and realised from the account of LICI as per clearance certificate issued by UBI Birpara Branch vide its letter dated 30/12/2013. This matter first came to their notice on 04/05/2013 after receiving letter dated 04/05/2013 issue by the Central Bank of India, Gairkata Branch(O.P.2) and LICI, Birpara Branch gave reply to the O.P.2 on 06/05/2013 enclosing bank statement(Annexure 3 and 4). So the liability of giving credit of Rs.15,000/- lies exclusively on Central Bank of India and not onLICI.

             Specific stand of the O.P.2 is that after receiving the cheque from the complainant they placed the cheque for collection but the cheque was dishonoured and returned back and they handed over the cheque to the complainant.

POINTS FOR CONSIDERATION

1. Is the case maintainable?
2. Is the complainant a consumer?
3. Are the O.Ps. guilty for deficiency in service and /or Unfair Trade Practice as alleged?
4. Is the complainant entitled to get the reliefs as prayed for?

DECISION WITH REASONS

           All points are taken up together for consideration and decision.

   Seen and perused the petition of complaint, Written Versions, brief notes of Written Arguments and documents/papers filed by both the parties.

            We have heard arguments advanced by the Ld. Lawyers of the complainant and LICI(O.P.1) in full. Ld. Lawyer for O.P.2 advanced no argument.

             After due consideration of arguments and the materials on record we find that admittedly O.P.1 LICI issued a cheque bearing no.007345 dt.15/09/2011 on UBI for Rs.15,000/- in the name of the complainant towards his 2^nd survival benefit of his money back Jiban Suraksha policy no. 452423479 due on 15/09/2011. Admittedly the complainant deposited the said cheque to his Banker Central Bank of India, Gairkata Branch, P.O. Birpara, Dist.- Alipurduar (O.P.2) on 15/09/2011 for encashment of the cheque and to credit the entire amount in his account no.1996377704.

           Now on careful perusal of documents filed by the O.P.1. LICI viz copies of statement of account, letter of UBI, dated 30/12/2013 letter of Central Bank of India dt. 04/05/2013, letters of LICI dated 06/05/2013 and 25/01/2014, letter of UBI dt.31/01/2014 and copy of cheque dated 15/09/2011 issued by LICI in favour of the complainant we find that O.P.1 LICI had issue the cheque no.07345 in favour of the complainant for Rs.15,000/- towards his 2^nd survival benefit on 15/09/2011 i.e. in due time and the complainant also deposited that cheque to his banker Central Bank of India , Gairkata Branch(O.P.2) on 15/09/2011 and that cheque was encashed by O.P.2 but Central Bank of India , Gairkata Branch(O.P.2) didn’t credit the amount of the cheque in the account of the complainant and suppressing this fact O.P.2 has taken the plea that the cheque was dishonoured and they returned back the cheque to complainant with view to unnecessarily harass the complainant and that is crystal clear from the aforesaid documents filed by the LICI (O.P.1). In such circumstances we are constrained to hold that such acts of Central Bank of India, Gairkata Branch (O.P.2) certainly comes within the purview of deficiency in service and /or Unfair Trade Practice.

           In this view of the matter we find and hold that the case is well maintainable, the complainant is a consumer and that the Central Bank of India , Gairkata Branch (O.P.2) is guilty for deficiency in service and/or Unfair Trade Practice and accordingly the complaibnant is entitled to get the reliefs specified below.

           All points are disposed of.

           In the result the case/application succeeds.

           Hence, it is

O R D E R E D

        that the case/application is allowed on contest against Central Bank of India, Gairkata Branch (O.P.2) with litigation cost of Rs.5,000/-, dismissed on contest without cost against LICI (O.P.1) and ex-parte without cost against United Bank of India, Birpara Branch(O.P.3).

       The complainant do get an award of Rs.15,000/-(Fifteen Thousand)(entire cheque amount) with interest @ 9% p.a. on and from 15/09/2011.

       The complainant do get further award of Rs.5,000/-(Five Thousand) for the aforesaid acts of deficiency in service and/or Unfair Trade Practice of O.P.2.

       The O.P.2 Central Bank of India, Gairkata Branch is hereby directed to pay to the complainant aforesaid litigation cost of Rs.5000/- + Rs.15,000/- with 9% interest p.m. + Rs.5000/- + Rs.1,500/-,( which they illegally debited from the account of the complainant for alleged dishonour of cheque) within 30 days from the date hereof failing which the entire amount as stated above will carry interest @ 8% p.a. till realization and the O.P.2 shall have to pay Rs.50/- per day to the complainant till full payment/realization and the complainant shall be at liberty to realise the same by putting this order into execution in accordance with law.

       Let copy of this final order be supplied free of cost forthwith to the parties/ their Ld. Advocates/agents on record by hand under proper acknowledgement/sent by general post, in terms of Rule 5(10) of West Bengal Consumer Protection Rules 1987.