1.                     The brief history of the case of the complainant is that he has taken an insurance policy namely “New Bima Gold” bearing Policy No.573278782 commencing from 15.12.2010 for a sum assured of Rs.50, 000/- with half yearly premium and as per policy condition the complainant was to get back 10% of the sum assured as money back in every four years of the policy.  It is submitted that the 1^st money back fell due in the year 2014 and as the complainant did not receive the same, he filed an application dt.13.7.2015 before the OP requesting early release of Rs.5000/- towards money back and also approached the OP several times in his office at Jeypore but the OP failed to release the dues.  Hence the complainant has filed this case praying the Forum to direct the OP to release the money back amount of Rs.5000/- with interest @ 24% and to pay Rs.50000/- towards compensation besides Rs.5000/- towards costs to the complainant.

2.                     The OP filed counter admitting the Policy No.573276762 issued in favour of the complainant w.e.f. 15.12.2010 for a Sum Assured of Rs.50, 000/- and entitlement of getting money back in the 4^th, 8^th, 12^th and 16^th year of the policy @ 10% of the S.A.  The OP contended that the money back term fell due on 15.12.2014 and they have drawn a Cheque No.318595 dt.15.12.2014 for Rs.5000/- in favour of the complainant and sent through registered posts dt.18.12.2014 as per the address mentioned in the policy.  Denying intimation of the complainant dt.13.7.2015 regarding non receipt of money back amount, the OP contended that on receipt of notice in this case they enquired into the matter with Axix bank and got reply that the said cheque came from SBI, Jeypore branch in form of clearing process and credited to SBI clearing account on 14.1.2015.  On enquiry with the SBI, Jeypore Branch, its Chief Manager supplied the details of accounts holder bearing A/c. No.32820927558 which name and address differs from the address of the complainant.  The OP further contended that if for any reason the registered post is not received by the complainant, then the postal department is a necessary party to this case and due to the mistake of the postal department, a 3^rd party has encashed the cheque.  Thus denying any fault on its part, the OP has prayed to dismiss the case of the complainant with costs.

3.                     The complainant has filed certain documents along with affidavit in support of his case.  Heard from the parties through their respective A/Rs and perused the materials available on record.

4.                     The Policy bearing No.573276762 dt.15.12.2010 for a sum assured of Rs.50, 000/- taken by the complainant from the OP with money back system in every 4 years starting from 15.12.2014 are all admitted facts.  As the complainant did not get the money back on due date he wrote to OP on 13.7.2015 and personally approached the OP but the OP failed to settle the claim.  On the other hand, the OP stated that they came to know the fact of non receipt of money back amount by the complainant after receipt of notice from the Forum and thereafter, they conducted proper enquiry.

5.                     In this case, the complainant has filed copy of his application dt.13.7.2015 with acknowledgement of the OP in support of receipt of the same.  As the OP did not take any step, he has filed this case by engaging an advocate.  According to the OP, after enquiry they came to know that the registered letter containing Cheque No.0318595 dt.15.12.2014 has been misdelivered by postal authorities and the said cheque has been encashed by someone else other than the complainant as ascertained from their bank.  However, the OP has reissued a cheque vide No.031792 dt.15.5.2017 and the A/R for the complainant has received the cheque amount of Rs.5942/- which includes interest on 14.7.2017 with protest.  Since the fact of issue of cheque dt.15.12.2014 by the OP in favour of the complainant towards money back amount being true, we are not inclined to award any compensation in favour of the complainant but he is certainly entitled for some costs as he has approached the OP by coming from a distance of 22 Kms and also has incurred some amount for filing of this case.  Considering the above facts, we feel a sum of Rs.2000 /- towards costs in favour of the complainant will meet the ends of justice.

6.                     Hence ordered that the complaint petition is allowed in part and the OP is directed to pay Rs.2000/- towards costs to the complainant within 30 days from the date of communication of this order.

(to dict.)