Date of filing:- 29/04/2022.
Date of Order:-25/06/2024.
DISTRICT CONSUMER DISPUTE REDRESSAL COMMISSION
B A R G A R H (ODISHA).
Consumer Complaint No. 07 of 2022.
- Jayashree Rath, W/o Ranjit Rath.
- Rupul Rath, S/o Ranjit Rath,
Both R/o Ward No.18(eighteen), V.S.S.Nagar, Bargarh, Po/Ps/Tahasil/Dist. Bargarh. ..... ..... ..... Complainants.
-: V e r s u s :-
- The Chief/Senior/Branch Manager, L.I.C.of India, Bargarh Branch, Bargarh, At- Old N.H. 6, Near Super Bazar, Bargarh, Ps/Tahasil/Dist. Bargarh-768028(Odisha).
- The Post Master, Head Post Office, Bargarh, At- Opp. Thana Chowk, Bargarh, Po/Ps/Tahasil/Dist. Bargarh-768028 (Odisha)
..... ..... ..... Opposite Parties.
Counsel for the Parties:-
For the Complainant :- Sri A. R. Garia, Advocate with associates.
For the Opposite Party No.1(one):- Sri M. Sahu, Advocate with associates.
For the Opposite Party No.2(two):- In person.
-: P R E S E N T :-
Smt. Jigeesha Mishra ..... ..... ..... ..... ..... P r e s i d e n t.
Smt. Anju Agrawal ..... ..... ..... ..... ..... M e m b e r (W).
Dt.25/06/2024. -: J U D G E M E N T:-
Presented by Smt. Anju Agrawal, Member(w):-
1) The case of the Complainants is that the Complainant No.1(one)'s son Rupul Rath which is Complainant No.2(two) is a bonafide LIC Policy holder vide Policy No. 594893958. The Complainants has paid the premium of ₹ 14,507/-(Rupees fourteen thousand five hundred seven)only for the aforesaid policy. In order to pay the premium due for the period of March-2022 the Complainant No.1(one) has issued a cheque bearing No.714121 Dt.17-03-2022 through postal account No.3236499198 in favour of Opposite Party No.1(one). In the account of Complainant No.1(one) there was sufficient balance but the cheque was dishonored due to some extraneous reason and the Opposite Parties have directed the remittance of a sum of ₹ 14,632/-(Rupees fourteen thousand six hundred thirty two)only for the said premium. Further the Opposite Party No.1(one) have served a notice on Dt.25-03-2022 for dishonor of the said cheque. For the sufferings caused the Complainant No.1(one) has served notice Dt.11-04-2022 to the Opposite Parties but the Opposite Parties remained silent. For the harassment caused by the Opposite Parties the Complainant filed complaint before this Commission.
2) The case of the Opposite Party No.1(one) is that the Opposite Party No.1(one) has submitted its version and stated that the Complainant No.2(two) is the bonafide LIC Policy holder and has paid premium for ₹14,507/-(Rupees fourteen thousand five hundred seven)only through cheque No. 714121 to the Opposite Party No.1(one) in the month of March-2022. After receiving the cheque by the Opposite Party No.1(one), the same was read to send to the Opposite Party No.2(two) and the aforesaid cheque was dishonored by Opposite Party No.2(two). The Opposite Party No.1(one) has intimated the same through notice Dt.25-03-2022. Thereafter said premium amount of ₹ 14,507/-(Rupees fourteen thousand five hundred seven)only and service charge of said cheque of ₹125/-(Rupees one hundred twenty five)only total amount of ₹ 14,632/-(Rupees fourteen thousand six hundred thirty two)only remittance towards premium only was served. The Opposite Party No.1(one) is not deficient in its service. Hence the case to be dismissed against Opposite Party No.1(one).
3) The case of Opposite Party No.2(two) is that the Opposite Party No.2(two) has filed its version and submitted that the Opposite Party No.1(one) is an account holder of Bargarh Court Sub-post office having a Post Office Saving Bank (POSB) account number 3236499198. On Dt.17-03-2022 the Complainant No.1(one) has issued cheque No. 714121 in favour of Opposite Party No.1(one) and the Opposite Party No.1(one) presented the same cheque to its Drawer Bank i.e. IDBI Bank Ltd, Bargarh for clearance. Due to non-availability of account number upon the cheque, the cheque cannot be cleared. As such the cheque was promptly returned to the presenting bank with return reason “Code No. 88” with specific reason as “Account Number not mentioned” as per the rule-6 of Uniform Regulations and Rules for Banker's Clearing Houses. Due to non-availability of Account Number the specimen signature of the endorser can not be ascertained thereby leading to returning of the cheque to the clearing house. The Opposite Party No.2(two) is duty bound to follow the Rules and Regulations and have worked accordingly. There lies no deficiency in service on the part of Opposite Party No.2(two), the case to be dismissed against Opposite Party No.2(two).
4) Perused the documents filed by the Parties and following issues are framed.
Issues
- Whether the Opposite Parties are deficient in their service ?
- What relief the Complainant is entitled for ?
Issue No.1(one)
5) It is an admitted fact that the Complainant No.2(two) is the bonafide policy holder of Opposite Party No.1(one) having its Post Office Bank Account with Opposite Party No.2(two). On Dt.17-03-2022, the Complainant issued a cheque in favour of Opposite Party No.1(one). The cheque No. 714121 reflects that the Complainant No.1(one) has filled all the details except the Account Number. It is the duty of Complainant No.1(one) to fill the Account Number and for the said nonavailability of Account Number the said premium of ₹ 14,507/-(Rupees fourteen thousand five hundred seven)only cannot be paid to the Opposite Party No.1(one). Account Number is a mayor part in case of depositing of Cheque, with out Account Number it is impossible to deduction of amount and deposit the premium, due to negligence of the Complainants, the Opposite Parties can not be liable.
Issue is answered accordingly.
Issue No.2(two)
6) As per supra discussion the Complainant is not entitled for any relief.
Accordingly the following order is passed.
O R D E R
7) The Case is dismissed against the Opposite Parties. No cost to the Complainant.
8) Accordingly the order is pronounced in the open Commission to-day i.e. Dt.25/06/2024 and the case is dismissed against the Opposite Parties and disposed off.
Typed to my dictation
and corrected by me.
I agree, ( Smt. Anju Agrawal)
M e m b e r(w).
(Smt. Jigeesha Mishra)
P r e s i d e n t.
