Date of filing : 05-01-2006<br /> Date of Order : 14-08-2008<br /> IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD<br /> CC.03/06<br /> Dated this, the 14th day of August 2008<br /> PRESENT<br /> SRI.K.T.SIDHIQ : PRESIDENT<br /> SMT.P.RAMADEVI : MEMBER<br /> SMT.P.P.SHYMALADEVI : MEMBER<br /> <br /> M. Abdul Hameed,<br /> S/o.Abdulkhader, Mangad, Bare,<br /> Po.Bare. Rep.by Power of Attorney Holder } Complainant<br /> S.P.Abdul Hameed, S/o.Late S.P.Shekunhi,<br /> A.B.House, Bare Village, Po.Mailaty,<br /> Hosdurg Taluk.<br /> <br /> 1. Senior Divisional Manager, <br /> L.I.C. of India, Kozhikode Division, } Opposite parties<br /> Po.Kozhikode.<br /> 2. The Branch Manager, <br /> L.I.C of India, Branch Office, Kanhangad<br /> Kanhangad.Po.<br /> <br /> O R D E R<br /> SMT.P.RAMADEVI,MEMBER<br /> <br /> The facts of the complaint in brief are as follows:<br /> That the complainant is a policy holder under Life Insurance Corporation of India with Policy No.7911171107 and the survival benefit of the complainant under the said policy fall due on 13-9-05 and the second Opposite party the Branch Manager, LIC of India, Kanhangad branch had sent a cheque for Rs. 30,000/- to the Service Co-operative Bank, Mangad Branch on the basis of the letter dtd.28-8-2005. The complainant approached the Bank for collecting the amount but it was not received by him. Thereafter he approached the Branch Manager, LIC of India, Kanhangad Branch and came to know that the cheque was sent through speed courier service and has shown the acknowledgement. On the basis of that information the complainant again approached the Bank Manager, and told him about the receipt of the cheque and about acknowledgement shown by the 2nd opposite party. But the Manager told him that he has neither received the cheque nor he signed the acknowledgement. Again complainant approached the second opposite party and enquired the matter and told him that somebody received the cheque by committing forgery and requested the opposite party No.2 to take action against the culprit. Then after several days the complainant came to know that the amount due to him was credited to his account. He has suffered mental agony on account of the uncertainty about the cheque. Hence the complaint filed for necessary relief.<br /> 2. The opposite parties received notice and appeared through counsel and filed the following version. According to the opposite parties usually on maturity of a policy on proper identification from the branch the cheque were issued directly to the party. But in this case on request made by the complainant the opposite parties sent the cheque to his banker. According to the opposite parties the amount was due on 13-9-05 but they sent the cheque in advance on 6-9-05 through speed courier service. The opposite parties again pleaded that if there is any delay caused in receiving the cheque by the complainant’s banker the speed courier service is liable for the service and the courier service is a necessary party to the proceedings and the complainant is bad for non-joinder of necessary parties.<br /> 3. The evidence in this case consists of the evidence of PW1 the power of attorney holder of the complainant and Exts A1 to A5. Ext.A1 is the General Power of Attorney executed by the complainant, Abdul Hameed in favour of Abdul Khader. Ext.A2 is the letter sent by the opposite parties to the complainant. Ext.A3 is the copy of lawyer notice sent to the opposite parties. Ext.A4 is the reply notice sent by the first opposite party and Ext.A5 is the transfer credit receipt issued by the Udma Service Co-operative Bank to M. Hameed dtd. 21-10-2005. On the side of the opposite parties, no affidavit filed. The receipt issued by the Bonanza Speed Courier service is marked as Ext.B1.<br /> 4. The question arises for consideration in this case is :<br /> Whether there is any deficiency in service on the part of the opposite parties? If so, what is the relief as to costs and compensation?<br /> 5. Here the opposite parties taken a specific contention that the complaint is bad for non-joinder of necessary of parties. According to them the Bonanza, courier service is a necessary party to this proceeding. Since there is no consumer relationship and no privity of contract between the complainant and Bonanza Courier Pvt. Ltd, the issue regarding non-joinder of necessary party go against the opposite party.<br /> 6. The opposite party No.2 the LIC of India Kanhangad Branch further taken a contention that usually when the policy became matured the cheque were issued to the party directly on proper identification from the branch of opposite party No.2 and in this case since the complainant requested to sent the cheque to his bank account the opposite party complied the same and the delay caused was not due to the deficiency of service or negligence on the part of opposite party No.2. During cross examination of PW1 the power of attorney holder complainant, first of all he denied that aspect. Then he admitted that he had given the bank account number to the insurance company. He again deposed that he do not know whether the complainant had requested the insurance company to sent the cheque in his account at that time of resubmitting the policy on maturity. From the above evidence it is clear that the complainant may made request to the opposite parties to sent the cheque through his account.<br /> 7. Here the policy matured on 13-9-05. According to opposite parties when the policy becomes due the party who has to pay the amount will get 30 days as days of grace for payment of the policy amount. Then opposite party can make the payment on or before 14-10-2005. Here the cheque was cleared by the bank on 15-10-05. If the above position is considered there is a delay of one day. The one delay can be ignored since the 2nd opposite party LIC of India, Kanhangad branch sent the cheque in advance i.e on 6-9-05. Hence there is no deficiency in service on their part.<br /> Therefore we dismiss the complaint. No order as to costs.<br /> Sd/- Sd/- Sd/-<br /> MEMBER MEMBER PRESIDENT<br /> Exts.<br /> A1. General Power of Attorney<br /> A2. 28-08-05 letter sent by the Ops to complainant.<br /> A3. 8-11-05 copy of lawyer notice.<br /> A4. 16-11-05 reply notice.<br /> A5. 21-10-05 Transfer credit receipt issued by Udma Service Co-op.Society.<br /> <br /> B1. 06-09-2005. Receipt issued by Bonanza Speed Couriers Pvt.Ltd.<br /> PW1. S.P. Abdul Hameed.<br /> <br /> <br /> Sd/- Sd/- Sd/-<br /> MEMBER MEMBER PRESIDENT<br /> <br /> Forwarded by Order<br /> <br /> <br /> SENIOR SUPERINTENDENT<br /> Pj/<br /> <br /> <br /> <br /> <br /> <br />