District Consumer Disputes Redressal Forum
Dakshin Dinajpur, W. Bengal
(Old Sub-Jail Municipal Market Complex, 2nd Floor, Balurghat Dakshin Dinajpur Pin - 733101)
Telefax: (03522)-270013
Present
Shri P. K. Chakraborty - President
Miss. Swapna Saha - Member
Consumer Complaint No. 1/2015
Musa Miya
S/o Maniruddin Sarkar
Vill: Shibpur
P.O. & P.S.: Banshihari,
Dist. Dakshin Dinajpur …………………Complainant(s)
V-E-R-S-U-S
1. The Branch Manager,
State Bank of India
PO: Patharghata, PS: Banshihari
Dist.: Dakshin Dinajpur.
2. The Legal Manager,
The Bajaj Allianz General Insurance Company Ltd.
Saharan House (ICICI Bank Building), 2nd Floor
PO: Siliguri
Dist.: Darjeeling …………………Opposite Party / Parties
For complainant …………… - Humayun Kabir, Ld. Adv.
For OP No.1 …………… - Shri Sudip Chatterjee, Ld. Adv.
For OP No.2 …………… - Shri Arijit Neogi, Ld. Adv.
Date of Filing : 06.01.2015
Date of Disposal : 20.03.2015
Contd…P/2
Judgment & Order dt. 20.03.2015
In brief, case of the complainant / petitioner is that his only son namely Reju Hossain, who is about 6 years old, died due to motor accident on 30.3.2009. He as well as his wife Hacchena Khatun jointly filed motor accident claim Case No.148/2013 before the Ld. MAC Tribunal Dakshin Dinajpur at Balurghat against the owner of the vehicle namely Barun Kundu and the Bajaj Allianz General Insurance Company Ltd. for getting compensation. Daily Lok Adalat was pleased to give direction to the above named insurance company to pay a sum of Rs.1,40,000/- as compensation to the complainant and his wife Hacchena Khatun @ Rs.70,000/- each. Thereafter he received a cheque being numbered 633800 of Rs.70,000/- issued on 3.4.2014 from the Ld. MAC Tribunal and he deposited the same with the OP No.1 S.B.I. Patharghata Branch on 29.5.2014 by a pay-in slip in his S.B. Account No. 11890877315. On 9.7.2014 OP No. 1 informed him that the said cheque was out dated. As a result of it the cheque was not encashed. Having no other alternative he tried to get another cheque of Rs.70,000/- from the insurance company. But the insurance company informed him that it is/ was not possible on their behalf to issue any fresh cheque without order of the court. According to the complainant, he did not get the awarded amount of Rs.70,000/- within the period of 7 months as well as he has been deprived to get any interest upon the said awarded amount. There is/was deficiency as well negligence in rendering service on behalf of the OP No. 1. Hence, he has filed present case with a prayer to give direction to the OP No. 1 to pay a sum of Rs.5,000/- as interest, Rs.1,000/- as compensation for harassment, Rs.5,000/- as litigation cost as well as for giving direction to the OP No. 2 to issue a fresh cheque of Rs.70,000/- in his favour.
Contd…P/3
OP No. 1 has contested the present case by filing written a statement inter alia denying all the material allegations made by the complainant in his petition of complaint. It is the main contention of the OP-1 (so far it can be gathered from his written statement) that the complainant Musa Miya deposited a cheque of Rs.70,000/- with it (OP No. 1) on last 29.5.2014 in his S.B. Account 11890877315. OP No. 1 sent the cheque to SBI, Malda Branch for collection. Said bank informed that the cheque in question was not traceable due to some internal problem. Subsequently, this OP sent a letter addressing to the Branch Manager, HDFC Bank, Pune requesting him to stop payment against the cheque. OP No.1 also requested the insurance company to issue a fresh cheque but the company denied to do the same. According to the OP, there is / was no any negligence on its behalf. So, this OP prayed for dismissal of the case.
It is to be noted here that in the instant case OP No. 2 appeared by filing a Vokalatnama on 6.2.2015 along with an application praying for time for filing written statement. Ultimately, without filing any written statement OP No. 2 insurance company deposited a cheque of Rs.70,000/- in the name of the complainant to this Forum on last 12.3.2015.
From the materials on record we have come to the following finding.
FINDING WITH REASONS
Before passing this judgement we have carefully perused the petition of complaint, written statement and the other materials on record. It is the main contention of the complainant (so far it can be gathered from his petition of complaint) that his only son namely Reju Hossain, who is/was about 6 years old, died due to motor accident on
Contd…P/4
30.3.2009. He as well as his wife Hacchena Khatun jointly filed a motor accident claim being Case No.148/2013 before the Ld. MAC Tribunal, Dakshin Dinajpur at Balurghat against the owner of the vehicle namely Barun Kundu and the Bajaj Allianz General Insurance Company Ltd. for getting compensation. It was ordered in the said MAC case that he as well as his wife would get a sum of Rs.1,40,000/- as compensation from the insurance company @ Rs.70,000/- each. Subsequently, he received a cheque of Rs.70,000/- being numbered 633800 issued on 3.4.2014 from the Ld. MAC Tribunal, Dakshin Dinajpur and he deposited the said cheque with the OP No.1 on 29.5.2014 in his S.B. Account No. 11890877315. On 9.7.2014 OP No. 1 informed him that his cheque was out dated. As the said cheque was not encashed, he tried to get another cheque from the insurance company, but no effect at all. It is admitted by the OP No.1 that the complainant deposited the cheque no. 633800 of Rs.70,000/- with it on last 29.5.2014 in his SB Account. OP No.1 sent the said cheque to SBI, Malda Branch for collection. Ultimately, the cheque was not traceable due to some internal problem. OP No.1 informed Branch Manager, HDFC Bank, Pune by a letter requesting him to stop payment against the cheque and requested the insurance company to issue a fresh cheque. But insurance company did not do the same.
We have already stated above that OP No.2 (insurance company) has already issued a fresh cheque of Rs.70,000/- in the name of the complainant and the same has been deposited by it to this Forum on last 12.3.2015. It is admitted position that after receiving the cheque from the Ld. MAC Tribunal complainant deposited the same with the OP No.1 on last 29.5.2014 in his SB account for encashment. But the same was not encashed as according to the OP No.1, the cheque was not traceable due to some internal problem when the same
Contd…P/5
was sent to SBI, Malda Branch for collection. In our considered view complainant has been deprived to get interest on the awarded amount of Rs.70,000/- due to deficiency and negligence in rendering service on behalf of the OP No. 1. So it would meet the ends of justice if we give direction to the OP No.1 to pay a sum of Rs.3,000/- as interest upon the awarded amount of Rs.70,000/- to the complainant.
In the premises, the instant case succeeds in part against the OP No.1 The case must fail against the OP No.2 as the insurance company has already deposited a fresh cheque of Rs.70,000/- to this Forum on last 12.3.2015.
Hence, it is
O R D E R E D
that the petition of complaint is allowed in part on contest against the OP No.1. The same is dismissed on contest against the OP No.2, but in the circumstances without any cost.
OP No.1 is hereby directed to pay a sum of Rs. 3,000/- (Rupees Three thousand only) as interest upon the awarded amount of Rs.70,000/- to the complainant Musa Miya by issuing an account payee cheque in his name within 15 days from the date of this order, out of which the complainant shall deposit a sum of Rs. 200/- (Rupees Two hundred only) in the “ State Consumer Welfare Fund ” (A/c No. 0093000100310261) payable at P.N.B. Balurghat Branch, within 7 days from the date of receipt of the cheque.
Direction is also given to the OP No.1 to deposit the said cheque to this Forum within the period as mentioned above.
Contd…P/6
Let plain copies of this order be furnished to the parties forthwith free of cost.
Dictated & corrected
………Sd/-….…….
(P. K. Chakraborty)
President
I concur,
……Sd/-..……
(S. Saha)
Member
- Date when free copy was issued ……………………
- Date of application for certified copy ……………………
- Date when copy was made ready ……………………
- Date of delivery ……………………
FREE COPY [Reg. 18(6)]
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