Bihar

Muzaffarpur

CC/42/2015

Dhananjay Kumar - Complainant(s)

Versus

Branch Manager, India L.I.C. - Opp.Party(s)

Sri Lalan Pd. Vimal, & Sri Amod Kumar

12 Oct 2015

ORDER

District Consumer Forum, Muzaffarpur

Complain Case No. – 42/2015

1. Dhananjay Kumar, Village – Bishunpur Chok Pahar, P.s. – Sahebganj, District -Muzaffarpur………………………………………………………….…….Complainants 

V/s

1. Branch Manager, India L.I.C., Branch No. – 02, Jubba Sahni Park,       P.S. – Mithanpura, District – Muzaffarpur. …………....……Opposite Party.

Date of order- 11-10-2015

                                                                                                  Present.

1. Shri Govind Prasad Singh

                                                                                                                        President,

       Consumer Forum Muzaffarpur

2.  Smt. Archana Singh

      Member

       Consumer Forum Muzaffarpur

 

For Complainants- Sri Lalan Prasad Vimal, & Sri Amod Kumar, Advocates  

For Opposite party- Sabir Hussain, Advocate

 

Order

           

             The Complainant has filed this case for his claim Rs. 1 lakh on  03-03-2015 against the O.P. the claim amount arises from his insurance Policy and deposit of regular installment and the O.P. has given his second installment of his money back which was payable in the yr 2012. Which was not paid in time.

The case of the complainant appears from the complain petition supported with affidavit that he has purchased his life insurance policy bearing no. 533622669 dt. 12-12-2002 and his premium was Rs. 3192/- which he was depositing regularly. He has further alleged that Rs. 10200/- was due for payment to him as his second money back return in the yr 2012 which was not paid to him in time. On his quarry he was informed that the said money has been paid on 28-12-2012 through cheque no. 0676122 dt. 02-01-2013 in his account. He inquired the said fact from his account of Canara Bank. The alleged amount was not found credited in his said account. As such he has served the legal notice di. 06-02-2012 and filed his case.

The complainant has filed Xerox copy of legal notice and postal receipt. No o other paper have been filed on in his behalf.

In this case O.P. has appeared and filed his W.S. dt. 06-07-2015, alleged there in that the case is not legally maintainable and the complainant has got no valid cause of action. He has further alleged that complainant was furnished cheque no. 0676172 for Rs. 10200/- by speed post no. EF53375089IN dt. 11-01-2013 to his address. But the cheque was handed over to the another person and the same was encashed on 05-02-2013 as per information of P.N.B. M.D.D.M College branch Muzaffarpur, which was intimated to the complainant. When the complainant informed the O.P. regarding non receipt of cheque then O.P. inquired and found the aforesaid fact but the person who had encashed the cheque was traceless. Then they sought guidance and permission from higher authority of LIC for payment to the complainant and after getting permission O.P. has paid the said amount directly on 24-06-2015 by NEFT voucher no. 9002 in the account of complainant exhist in Canara Bank Muuzaffarpur. As such O.P. has not committed any latches in making the payment of said amount. He has regretted inconvenience caused and has prayed to dispose of his case which deems fit and proper.

The complainant has further filed his petition of objection dt. 11-08-2005 against the W.S. filed by the O.P. and submitted that from 17-02-2012 to 24-06-2015 he has suffered the physical, mental harassment as well as 18% interest on the said amount and now his claim became Rs. 10000/-.

Considering the facts & circumstances, material available with record as well as allegations made by the respective parties it is admitted fact that the O.P. has delayed about 6 months in payment of Rs. 10200/- to the complainant for which he regretted and submitted explanation that in time he has issue the cheque of Rs. 10200/- bearing no. 0676172 and send it through speed post bearing no EF533375089IN dt.   11-01-2013 but it was wrongly handled by on another person who has encashed the said amount and after acknowledging the said fact he had again remitted the said amount of Rs. 10200/- through NEFT voucher no. 9002 dt. 24-06-2015 directly to the Canara Bank account Muzaffarpur. bearing no. 3627119004269 of the complainant. As such it is open before us that the O.P. is not at fault and he had taken suitable steps in time and paid the amount. It was the fault of post office who had delivered the letter to other. The post office is not party to the case. Further if we may found that the O.P. has

sent the cheque knowingly to the other person which is not on the record, only in that circumstance the O.P. may be found under discrepancy of his service and liable to pay the interest only for six months for Rs. 10,200/- which is not substantiated by the complainant.

Accordingly we are of the constrained view that the complainant is not found prove his case as such his case is not maintainable.

Accordingly the case and the same is dismissed with cost.   

 

Member                                                                                  President