Sri Shyamal Gupta, Member

This Appeal arises out of the Order dated 05-09-2017, passed by the Ld. District Forum, North 24 Parganas in CC/196/2016, whereby the complaint case has been dismissed by the Ld. District Forum.

Brief facts which led to filing of this Appeal are that despite having sufficient balance in their account, thanks to the fault on the part of the Respondent Bank, the subject cheque issued for payment of insurance premium got dishonoured resulting which the insurance policy in question got lapsed. Holding the Respondents for the same, the instant complaint case was filed before the Ld. District Forum.  The Respondent No. 1, in its defence submitted that the subject cheque was deposited by the Respondent No. 2 to its banker.  This Respondent did not understand, as to why despite having sufficient balance in the account of the Appellants, the cheque in question was dishonoured by the banker of the Respondent No. 2.  On the other hand, the Respondent No. 2 submitted that the premium cheque issued by the Appellants was returned with the remark “Fund insufficient”.  Accordingly, the policy was not renewed.

It is quite evident from the Bank statement of the Appellants that there was sufficient balance in their account to clear the premium cheque so issued by them Appellants. While the Respondent No. 1 feigned any ignorance, the version of the banker of the Respondent No. 2 in the matter assumes great significance.  Without first ascertaining as to whether or not the banker of the Respondent No. 2 acted with due diligence in the matter, we do not deem it fit and proper to fix the responsibility of the parties by resorting to any kind of speculation. In view of this, we remand the case before the Ld. District Forum for fresh adjudication of the same after arraying the banker of the Respondent No. 2 in this case.  For this purpose, we direct the Respondent No. 2 to furnish detail particulars of its banker, as also the cheque return memo before the Ld. District Forum under copy to the Appellants.

Appeal, thus, stands allowed in part.  The impugned order is hereby set aside.  Parties to appear before the Ld. District Forum on 19-08-2019 for fresh adjudication of the matter.