ORDER

27 -07-2018                Heard, Mr. Ajay Kumar learned advocate for the appellant. No one appears for the respondent despite notice.

          The appellant submits that the complainant although deposited the money to the tune of Rs. 16,036/- with the UCO bank agent of the L.I.C for issuance of the policy and the amount was remitted back to the BOC account of LIC but not received proposal form either by the agent for the complainant. Not the complainant purchased L.I.C policy in this regard and filed the complaint after long time. As such the complaint itself was time barred. The learned counsel further submits that the direction to pay the compensation to the tune of Rs. 25,000/- and litigation cost of Rs. 5,000/- is equally not justified in law and deserved to be set aside. This apart the bank agent of the L.I.C was not made party in the complaint.

          The learned counsel for the appellant L.I.C submits that vide letter dated 11.01.2010 (annexure 3) to the memo of appeal it would appear that the complainant was not interested in obtaining the policy L.I.C so requested to refund of the deposit amount. Thereafter upon receiving the notice to the appellant appeared and deposited the cheque for Rs. 16,036/- vide cheque no. 35526 dated 12.09.2011.

          Upon considering the submissions and perusal of the materials on record as also the impugned order direction to opposite party L.I.C to take the cheque from the record of the complaint case and to issue a fresh cheque amount cannot be faulted. However the appellant is to issue a fresh cheque in favour of the complainant if not already issued and amount was encashed by the complainant. As regards to the compensation and litigation cost it is directed to appellant to pay complainant a total lump sum amount of Rs. 3,000/- which includes the compensation and litigation cost. The above amount be paid within a period of one month on receipt/production of the certified copy of the present order, failing which interest 9% shall be payable.

          In the result, the appeal stands partly allowed.

 Member (F)                                                                         President             

           Agam