BEFORE THE A.P STATE CONSUMER DISPUTES REDRESSAL COMMISSION AT HYDERABAD.

F.A. 1099/2008 against C.C. 148/2007 , 

Between:

The United India 

Rep. by its Divisional Manager

G.T. Road, Pandaripuram

Durga Complex, Chilakaluripet

Guntur Dist. 

                                                                  1) S/o. Hanumaiah, Age: 60 years

Agriculturist, Karamchedu (V&M)

Prakasham Dist.                                     2) 

Karamchedu (V&M)

Prakasham Dist. 

3) 

Andhra Bank, Nagarampalem

Opp. Tobacco Board,Guntur.                                                                                               

Counsel for the 

Counsel for the 

CORAM:

HON’BLE SRI JUSTICE D.APPA RAO, PRESIDENT.

THURSDAY, THIS THE TWENTIETH DAY OF JANUARY TWO THOUSAND ELEVEN

ORAL ORDER:

***

1)               This is an appeal preferred by

2)                    Rs. 25,000/- towards compensation and costs. 

3)                           

4)                    

5)         

6)       

7)            

8)      

9)            Earlier renewal was made covering the period from 17.3.2003 to 16.3.2004.  

10)      817/2004          

11)             

12)                                     Though inward register Ex. B9 was filed the contention of the bank is that the same was fabricated for the purpose of this case.             before 16.3.2004 from the previous            

13)      ACJ 2198       

“ the necessary implication is that the date on which the cheque posted is the date of payment; provided the issuance of such a cheque is for a fraudulent purpose, for example bounced or dishonoured cheque.. Another indication is that, if really the insurer is not interested with the offer of the insured, the payment of money by the insured requesting for renewal, exercising its jurisdiction vested under Sub-section (3) of Section 64VB of the Insurance Act, can be rejected and, in fact, could have been rejected by the insurer by refunding the same to the insured.”

Therefore it is observed that   These conclusions were arrived by referring to a decision rendered by the  

“The position, therefore, is that in one view of the matter there was, in the circumstances of this case, an implied agreement under which the cheques were accepted unconditionally as payment and on another view, even if the cheques were taken conditionally, the cheques not having been dishonoured but having been cashed, the payment related back to the dates of the receipt of the cheques and in law the dates of payments were the dates of the delivery of the cheques.”

14)                  insurance company in issuing             

15)     

1)PRESIDENT 

2)      MEMBER                                                                            

*pnr

“UP LOAD – O.K.”