Hon'ble Mr. Sudip Niyogi, President
This arises out of a petition under section 12 of the C.P Act. The case of the Complainant in short is that he had received one Account Payee Cheque being No.182790 dated 06.02.16 of Rs. 30,000/- being the amount of insurance claim in connection with the death of his wife. The cheque was issued by Bajaj Allianz Life Insurance Company Limited. On 10.03.16 Complainant deposited the said Cheque with the Central Bank of India, Mathabhanga Branch, i.e. the O.P. No.1, where the Complainant has a S/B Account being No.1879142857. It is alleged that the O.P. No.1 failed to send the said cheque for collection from HDFC Bank within the stipulated time and ultimately on 05.06.16 the said original Cheque alongwith the pay-in slip was returned. The Complainant alleged deficiency in service on the part of the O.P. No.1 and filed a complaint to Consumer Affairs and Business Practice, Cooch Behar but the matter was not settled. The Complainant filed this case claiming relief as stated in the complaint.
The O.P. No.1 filed a written version disputing about the maintainability of this case. However, they admitted the Cheque having been deposited with them by the Complainant for collection but due to misplacement of said cheque they could not do the same. However, they had written to Bajaj Allianz Life Insurance for issuing either a fresh Cheque or revalidate the date of said Cheque but no reply was received by them.
POINTS FOR CONSIDERATION
- Is the instant case is maintainable?
- Is there any deficiency in service on the part of the O.P. No.1, as alleged?
- Is the Complainant is entitled to get any relief?
- To what other relief, if any, Complainant is entitled?
DECISION WITH REASONS
Point No.1.
We have gone through the contentions of the parties and also the written argument. Ld. Counsel appearing for O.P. No.1 claimed that the instance case is barred by limitation as this case was filed after 2 years from the date of cause of action.
His second contention is that the instant case is barred for non joinder of necessary parties as the Complainant failed to have made Bajaj Allianz Life Insurance Company Limited who had issued the Cheque in question a party in this case.
Regarding the first argument as to limitation, it is admitted that the Cheque in question was dated 06.02.16 and it was deposited with the O.P. No.1 on 10.03.16 but the Cheque alongwith the pay-in slip was returned to the complainant on 05.06.16 i.e. after expiry of the period of validity of the said Cheque.
Subsequently, it is found that the O.P. No.1 issued a letter to the insurance Company requesting them to revalidate the date or issue a fresh Cheque, so that they could collect the amount and make necessary payment to the Complainant. The said letter admittedly was issued by O.P. No.1 on 03.02.17 but no reply was received and when later the mediation before the Consumer Affairs and Fair practice failed, finally the Complainant filed this case. The instant case was filed on 30.10.18 i.e. well within the prescribed period of limitation from the date of 03.02.17.
Regarding the second argument as to non joinder of parties, it is found that O.P. No.1 took this plea in their written version but subsequently during the course of hearing of this case, no petition was filed by them seeking incorporation of Bajaj Allianz Insurance Company a party in the case, O.P. No.1 could have done so in their own interest as admittedly they were at fault in not sending the Cheque for collection after it was presented to them by the Complainant. So, we hold the instance case is maintainable.
Point No.2, 3 & 4.
From the written version, evidence and the argument O.P. No.1 is found to have admitted the claim of the Complainant that the Cheque in question was deposited with them but due to mistake they could not send that Cheque for collection and this way the validity period of the said cheque expired and ultimately they returned the original Cheque along with pay-in slip to the Complainant. It is also admitted by them that the Complainant maintains one S/B Account with them.
From the paper filed on behalf of the O.P. No.1 and also the Complainant it is found that O.P. No.1 by a letter dated 03.02.17 requested Bajaj Allianz Life Insurance Company Limited, Cooch Behar Branch requesting for validation of the date of the said Cheque or issuance of a fresh Cheque. O.P. No.1 is found to have made no effort subsequently and took up the matter seriously with the said Insurance Company. It is the O.P. No.1 who was to take initiative so that the Complainant does not suffer for their own laches.
The aforesaid act on the part of O.P. No.1 is nothing but amount to deficiency in service and therefore the Complainant is entitled to an award in his favour. The Cheque amount was Rs. 30,000/-. So, the Complainant is entitled to the said amount along with up to date interest. This apart, the Complainant is also entitled to Rs.10,000/- towards deficiency in service and Rs.4,000/- towards cost of litigation.
O.P. No.2 has been made as Proforma O.P. No relief against them was claimed. According to O.P. No.2 they were consumer facilitator noted here.
Thus, both the points are decided in favour of the Complainant.
Hence,
it is Ordered
That the instant case be and the same is allowed on contest.
The Complainant is entitled to Rs.30,000/- along with interest @ 6% per annum till realization from 05.06.16 when the original cheque and pay-in slip were returned to the Complainant realisation. Complainant is also entitled to Rs.10,000/- towards deficiency in service and Rs.4,000/- towards cost of litigation.
O.P. No.1 is directed to pay the aforesaid amount to the Complainant within 2 months from the date of this order, failing which the entire awarded sum shall carry interest @ 6% per annum.
Let a plain copy of this Order be supplied to the concerned party by hand/by Registered Post with A/D forthwith, free of cost, for information & necessary action as per rule.
The copy of the Final Order also available in the official website: www.confonet.nic.in.
Dictated and corrected by me.
