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 husband and wife are holding joint saving bank account bearing No.679221 with cheque facility operative severally and jointly with the O.P-3. It is further alleged in the complaint that complainant No.1 was having two LIC policies i.e. bearing No.126004220 on which yearly premium of Rs.21,619/- and bearing No.126004221 on which yearly premium of Rs.12,010/- both premium was payable with LIC of India. The complainant No.2 is also having LIC policy No.126004222 with yearly premium of Rs.12,010/-. It is also stated in the complaint that complainant No.1 issued three cheques bearing No.772568 for a sum of Rs.21,619/- dated 24.04.2013, ii) Cheque No.772567 for a sum of Rs.12,010/- dated 24.04.2013 and iii) Cheque No.772566 for a sum of Rs.12,010/- dated 24.04.2013 in favour of LIC of India towards the premium. But due to the negligence on the part of the O.Ps the cheques were dishonored and the complainants had to pay an amount of Rs.1,097/- as late fee and bank charges for dishonor of said three cheques to the LIC of India. The complainants on this premise as 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.1,097/- have been paid as late fee and 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 three cheques bearing No.772568 for a sum of Rs.21,619/- dated 24.04.2013, ii) Cheque No.772567 for a sum of Rs.12,010/- dated 24.04.2013 and iii) Cheque No.772566 for a sum of Rs.12,010/- dated 24.04.2013 in favour of LIC of India towards the premium 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 three cheques, therefore, due to non-availability of account number the said three cheques were 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 three cheques bearing No.772568 for a sum of Rs.21,619/- dated 24.04.2013, ii) Cheque No.772567 for a sum of Rs.12,010/- dated 24.04.2013 and iii) Cheque No.772566 for a sum of Rs.12,010/- dated 24.04.2013 in favour of LIC of India did not mention any account number. Also in its report also O.Ps have mentioned the reasons “account number required” due to which the cheques were dishonored. In the reply to the legal notice also it was specifically replied that as the account number was not mentioned in the cheques the same were dishonored due to the fault of the account holder i.e. the complainants in the present case.
6. The complainants have also filed the copy of the cheques 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 cheques 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
