DATE OF DISPOSAL: 03.08.2023

PER:   SRI SATISH KUMAR PANIGRAHI, PRESIDENT

The fact of the case in brief is that the complainant has filed this Consumer complaint under section 35 of the Consumer Protection Act, 2019 alleging unfair trade practice by the Opposite Parties (in short O.Ps) and for redressal of her grievance before this Commission. 

2. The complainant was issued a cheque No.082894 dated 30.03.2021 for Rs.7814/- against the policy No.82099063 for the reimbursement. But the complainant could not reimburse the aforesaid cheques in time. The complainant submitted the petition to the O.P. for submitting fresh cheque in her favour on dated 05.07.2021 by Regd. Post. In the meantime the complainant telephone the helpline submitted to the O.P. on 20.07.2021.  Inspite of approach the O.P. remained silent. The O.P. is deficiency of service causing harassment and mental agony. Alleging deficiency in service on the part of the O.P. the complainant prayed to direct the O.P. to issue of fresh cheque amounting of Rs.7,814/- in favour of the complainant against the cheque No. 082894 dated 30.03.2021, compensation Rs.10,000/- and litigation cost of Rs.5000/- in the best interest of justice.

3.  The O.P. filed written version through his advocate. It is stated that the complainant admitted that the O.P. issued a cheque on dated 30.03.2021 in favour of the complainant which was not encashed due to negligence of the complainant after lapse of expired date. It is taking a time for process of issue of a fresh cheque. After the receiving the application the O.P. was immediately started a process to issue the new cheque and issue a fresh cheque vide No. 323487 on dated 07.10.2021 with interests in toto Rs.7951/-. So there is neither any negligence nor any delay in the side of O.P. to issue a fresh cheque. Though the complainant received the fresh cheque on dated 18.10.2021, till 4.10.2022 the complainant was not wished to inform the Forum about the received of the fresh cheque, otherwise the O.P. informed the Forum on dated 27.10.2021 about the sending of a cheque in favour of the complainant with filling of documents with a memo.

4. On the date of hearing of the consumer complaint learned counsel for the complainant and O.P were present. We heard argument from all the parties present at length.  We perused the complaint petition, written version, written arguments and documents placed on the case record. 

             5. On analyzing the submissions of both the parties, it reveals that for own negligence, the complainant could not able to encash the cheque No.082894 dated 30.03.2021 for Rs.7814/- against the policy No.82099063 during the validity period of it. It reveals that the complainant also not submitted any relevant reasons and documents about intentionally delayed to issue fresh cheque by the OP in the instant case. Further it reveals that the complainant also not filed any documents or notification of any authority regarding time prescribed to issue a fresh cheque against the invalidated cheque. Rather the complainant has received the fresh cheque without any protest from the OP when the OP issued the fresh cheque with interest in favour of the complainant. As the OP has already released the fresh cheque vide No. 323487/dated 07.10.2021 with further interests for the 79 days along with reimbursement  amount a total sum of Rs.7951/- against the policy no: 82099063 as such the OP is not negligent in rendering proper service to the complainant. Hence in our considered view there is no deficiency and liability on the part of the OP.

In the result, the complainant’s case is dismissed as to no cost. This case is disposed of accordingly.

The Judgment be uploaded on the www.confonet.nic.in for the perusal of the parties.

A certified copy of this Judgment be provided to all the parties free of cost as mandated by the Consumer Protection Act, 2019. A copy of this order be also sent to the Secretary, State Consumer Disputes Redressal Commission, Odisha, Cuttack for information.

The file is to be consigned to the record room along with a copy of this Judgment.

Pronounced on 03.08.2023.