F I N A L   O R D E R

This is a complaint under section 12 of the Consumer Protection Act, 1986 with the prayer for an order directing the O.Ps. to refund the amount paid to the O.P. No.1, LICI as fine and extra charges given for payment of late insurance premium amounting to Rs.329.20/- with interest, to pay compensation of Rs.50,000/- and any other reliefs to the complainant.

The complaint case in short is that some of the teacher of the Islampur State Farm Colony High School, Islampur, Uttar Dinajpur have insurance policy under Salary Savings Scheme with the O.P. No. 1, LICI, Islampur. The above noted school pays the said insurance premium of their employees’ in consolidated manner from their employees’ salary under the above scheme. The above High School deposited the premium of Rs.13742.20 for due date 06/2014 within time to the O.P. No.1, LICI by a cheque being No.076876, dated 08.07.2014. But on 17.07.2014 the O.P. No.1, LICI by issuing a letter had informed the school authority about the dishonor of the said cheque and also directed them to make the payment afresh the premium with late fine including extra charges to keep the policy in force and to protect the interest of the policy holders. As per instruction of the O.P. No.1, LICI the complainant again paid premium afresh to save the policy of the employees. Thereafter the complainant collected information regarding the dishonor of the cheque-in-question from all the O.Ps.. He came to know that the above noted cheque dated 08.07.2014 which was issued within due time was submitted on 14.07.2014 by the O.P. No.1, LICI to the O.P. No.3, Axis Bank, Islampur and the same was sent by the Axis Bank to the O.P. No.2, SBI, Islampur for clearance . But due to some mistake arose between the Banks, said cheque was lastly dishonored. The complainant alleged in his petition that though they deposited a cheque of Rs.13,742.20 within due date, which was the exact premium amount for his school employees’ but due to the mistake by the Banks, the O.P. No.1, LICI imposed fine and charges on school which is clearly a case of deficiency in service on the part of all O.Ps. As such the complainant suffered harassment both mentally and physically. So he lodged the complaint regarding this dispute before the CA &FBP, Uttar Dinajpur to solve the same but in vain. So, finding no other alternative, the complainant has filed this complaint before this Forum to get proper relief.

On the other hand all the O.Ps. by filing their separate written versions have contested their case denying all the material allegations against them made by the complainant rather contended that this case is not maintainable in its present form and law. The specific case of the O.P. No.1, LICI is that due to dishonor of the cheque-in-question by the O.P. Bank, SBI the problem had arisen between the Axis Bank and the SBI, but on what ground they not disclosed. So, the O.P. No.1 LICI had reasonably requested the school authority to make the payment afresh to keep the policy in force and to protect the interest of the policy holders. As per the O.P. No.1, LICI there is no any deficiency in service on its part. So it prayed in its W.V. that as LICI being a mis-joinder of party of this case, the name of the O.P. No.1, LICI should be deleted from this case. The LICI also prayed that this case should be dismissed with reasonable cost against it. The specific case of the O.P. No.3, Axis Bank is that after getting the cheque-in-question from the O.P. No.1 on 14.07.2014 the same had been sent to the O.P. No.3 on 15.07.2014 but without clearing the cheque it was returned back with endorsement “short amount claimed”. Then again the O.P. No.3 on 16.07.2014 sent the same but instead of clearing it was also returned by the O.P. No.2 mentioning the reason “other Reason Already paid”. Due to the above reason, just after getting the same the O.P. No.3 sent back the said cheque to the O.P. No.1, LICI. So as per its version there is no deficiency in service on its part. The O.P. No.3 prays for dismissal of this complaint against it with heavy cost. The O.P. No.2, SBI filed W.V. with formal denial but specifically stated that they tried hard and soul for clearing the cheque-in-question from their corner, yet if any mistake occurred due to mechanical fault then the O.P. No.2 ‘expressed regret’ and also stated that there is no any deficiency in service on its part, so the complaint petition is liable to be dismissed with cost.

To establish the complaint case the complainant has relied upon an affidavit-in-chief sworn by him and his statement recorded as P.W.1. To prove his case complainant submitted a bunch of documents which are; photocopy of (i) the name of the policy holders with policy number, (ii) Dishonour cheque, (iii) Return Memo, (iv) challan for further collection etc. The O.P. No.12 also submitted one document, Bank statement to prove his case.

DECISIONS WITH REASONS

Giving due consideration to the contents of the complaint petition, documentary evidence on record, hearing argument advanced by the Lawyers of both sides, the Ld. Forum has come to the findings as follows: -

It is admitted fact that some of the teacher of the Islampur State Farm Colony High School, Islampur, Uttar Dinajpur have insurance policy under Salary Savings Scheme with the O.P. No.1, LICI, Islampur Branch. The school authority pays the said insurance premium regularly of their employees’ in consolidated manner from their employees’ salary under the scheme. The above High School had deposited the exact Premium of Rs.13,742.20 for due date 06/2014 within time to the O.P. No.1, LICI by a cheque being No. 076876 on 08.07.2014. But on 17.07.2014 by sending a letter, the O.P. No.1, LICI had informed the school authority about the news of dishonor of the said cheque and also directed them to make the payment of premium afresh with late fine including extra charges to keep the policy in force and to protect the interest of the policy holders. As per instruction of the O.P. No.1, LICI, the complainant complied.

So, the question arises by whose mistake or on what ground the cheque-in-question was dishonored. On perusal of all three written versions filed by the O.Ps. it reveals that there was no fault made by the school authority for issuing the cheque for payment of their insurance premium to the O.P. No.1, LICI in proper way. Document shows that after getting the said premium in cheque the O.P. No.1, LICI within time submitted on 14.07.2014 to the O.P. No.3, Axis Bank for clearance the same from O.P. No.2, SBI. So, it is clear from the document that there is no deficiency in service on the part of the O.P. No.1, LICI. It has been seen from the ‘Bank Statement’ filed by the O.P. No.1, LICI that the cheque-in-question, dated 08.07.2014 being No. 076876 was submitted to the Axis Bank on 14.07.2014 for clearance but on 16.07.2014 the same was returned back by the O.P. No.2, SBI, two times with mentioning the reason twice as “OTHER REASONS”. So from this statement it is not clear what had happened between the above two banks in clearing the cheque and what was the actual reason that the cheque had not been cleared, rather returned unrealized mentioning the reason as “OTHER REASONS” as stated in the ‘Bank Statement’. It is found from the same bank statement that the cheque amount was mentioned in separate two columns are differently as Rs.13,742/- and Rs.13,742.20 respectively. So, from the above statement it is clear that obviously there was a mistake done by the O.P. No.3 in mentioning the actual premium amount of the cheque at the first time and thereafter rectified the same after return of the cheque, but it is not clear from the above bank statement why the O.P. No.2 again sent back the cheque without clearing the same to the O.P. No.3 on the same day i.e. 16.07.2014 mentioning the same reason repeatedly in second time. There is no explanation from the Bank Statement. So, from the above discussion it is clearly established that due to deficiency of service on the part of the both Banks and act done by them the complainant was harassed, mentally, physically and also financially. So, this complaint petition succeeds on contest.

Fees paid is correct.

Hence it is,

ORDERED

That the consumer complaint being No.CC-47/2015 is allowed on contest with cost against the O.P. No.2 and 3 and dismissed against O.P. No.1.

The O.P. No.2, SBI, Islampur Branch and O.P. No.3, Axis Bank, Islampur Branch are directed to pay jointly Rs.329/-, which had been given by the complainant as late fine and extra charges with insurance premium to the O.P. No.1, LICI. The O.P. No.2 and 3 are further directed to pay compensation of Rs.2,000/- for unnecessary harassment and deficiency in service and also litigation cost of Rs.1000/- altogether Rs.3,329/- to the complainant within one month from the date of  passing of this order, failing which the complainant will be at liberty to realize the same in accordance with law. 

Copy of this order be supplied to each parties free of cost.