O R D E R
SUBHASH GUPTA, MEMBER
The complainants have filed the present complaint against the O.Ps u/sec. 12 of Consumer Protection Act, 1986. The facts as alleged in the complaint are that the complainants who are son and father are holding joint saving bank account bearing No.677294 with cheque facility operative severally and jointly with the O.P-3. It is further alleged in the complaint that Smt. Nirmala Devi Verma wife of one of the complainant was having a LIC policy No.121567548 on which yearly premium of Rs.3,720/- was payable to LIC of India. It is also stated in the complaint that Sh. Anand Parkash complainant No.2 issued a cheque bearing No.709372 for a sum of Rs.3,720/- dated 10.07.2013 in favour of LIC of India towards the premium. But due to the negligence on the part of the O.Ps the cheque was dishonored and the complainants had to pay an amount of Rs.125/- as bank charges for dishonor of cheque to the LIC of India. The complainants on this premise are claiming compensation of Rs.5,00,000/- for loss of reputation, mental pain, agony and sufferings etc. caused to them. The complainants are also claiming Rs.125/- which have been paid as bank charges to LIC of India.
2. Notice of the complaint was issued to the O.Ps which have filed their written statements. In the written statements the O.Ps have admitted that the complainants are having a saving bank account. It has also been admitted in the complaint that a cheque bearing No.709372 for a sum of Rs.3,720/- dated 10.07.2013 was issued in favour of LIC of India by the complainants. It has been pleaded in the written statement that as the complainants failed to write the saving bank account number on the aforesaid cheque, therefore, due to non-availability of account number the said cheque was dishonored despite complainants having sufficient funds in their saving bank account. On these pleas the O.Ps have submitted that no deficiency in service has been caused by the O.Ps to the complainants. The O.Ps have prayed for dismissal of the complaint.
3. Both the parties have filed their evidence by way of affidavit and also filed documents on record in support of their case.
4. We have carefully gone through the pleadings, evidence and written submission made on behalf of both the parties.
5. The documents filed by the O.Ps shows that the cheque No.709372 for a sum of Rs.3,720/- dated 10.07.2013 issued in favour of LIC of India did not mention any account number. Also in its report although they have mentioned in sufficient funds as the reasons but in the same documents the reasons have been shown as account number required which appears to be a typographical error. In the reply to the legal notice also it was specifically replied that as the account number was not mentioned in the cheque was dishonored due to the fault of the said account holder i.e. the complainants in the present case.
6. The complainants have also filed the copy of the cheque which find mention of account number in it. A bear reading of this document shows that the account number has been written by a different pen and handwriting which creates suspicion about the correctness of the document. Moreover, the complainants have not pleaded any ill will or enmity against them by the O.Ps. The O.Ps are govt. functionaries and will not derive any benefit by dishonoring the cheque despite the complainants having sufficient fund in their account. In view of the above observation, we are of the considered view that the complainants have failed to prove deficiency in service on the part of O.Ps. The complaint is accordingly dismissed.
Copy of the order be sent to the parties as per rules.
Announced this 19th day of January, 2016.
(K.S. MOHI) (SUBHASH GUPTA) (SHAHINA)
President Member Member
