Presented by Sri G.S. Pradhan, President . <br /> The case pertains to deficiency in service as envisaged under the provision of Consumer Protection Act-1986 and its brief fact is as follows:-<br /> <br /> The Complainant is a Money Back policy holder bearing policy No.592968914, D.O.C. Dt.28/04/2004 under the Opposite Party and had been paying the premium for the said policy regularly. The Complainant is entitled to get Rs.11,000/-(Rupees eleven thousand) only in the month of August- 2009 towards money back scheme of the policy. But when he did not receive the money back amount in the due time, he approached the Opposite Party No.1(one) for payment of money several time but no any satisfactory answer is received by him. The Complainant has also send a pleader notice Dt.20/11/2009 to the Opposite Parties through registered post with acknowledgment. In spite of received of the notice, the Opposite Parties did not take any action and remain silent over the matter, finding no alternative at last the Complainant filed the case against the Opposite Parties for their deficiency in service.<br /> <br /> The Complainant claims Rs.11,000/- (Rupees eleven thousand) only, which is payable towards his money back scheme of the policy with 24%(twenty four percent) interest per annum from August-2009 till the date of payment, Rs.20,000/-(Rupees twenty thousand) only compensation towards mental agony, physical harassment and financial loss, beside litigation cost. <br /> <br /> In its version the Opposite Parties contends that, as per term and condition of policy the Opposite Parties have already send cheque No.082620 Dt.28/08/2009 for a sum of Rs.11,000/- (Rupees eleven thousand) only vide register letter No.0721 Dt.27/08/2009 in the given address. The said amount has been collected through Punjab National Bank, Bargarh Branch as per statement of issuing Branch. So there is no deficiency in service on the part of the Opposite Parties towards the Complainant. As the amount has already been paid through cheque and the same has been collected, there is no any cause of action for the present case and this Forum has no jurisdiction to entertain such a case. <br /> <br /> The Complainant is not entitled for any compensation or claimed and prays for dismissal of the case with cost. <br /> <br /> Perused the complaint petition, Opposite Parties's version as well as the copy of documents filed by the parties in respective of their case and find as follows:-<br /> <br /> The Complainant is a bona fide policy holder bearing money back policy No.592968914 and the date of commencement of policy was Dt.28/08/2004 and as per policy, the Complainant is entitled to get Rs.11,000/-(Rupees eleven thousand) only towards the money back scheme of the policy in the month of August-2009 is not disputed by the Opposite Parties.<br /> <br /> When the Complainant did not receive the money from the Opposite Parties, he approached the Opposite Party for the amount and also served pleader notice requesting the Opposite Party for payment of the amount but the Opposite Party did not respond the notice and remain silent.<br /> <br /> In their version, the Opposite Parties contends that, as per the policy, the Complainant is entitled to get Rs.11,000/-( Rupees eleven thousand) only during August-2009 and the said amount have already been sent vide cheque bearing No.082620 Dt.28/08/2009 in the address given by the Complainant and the same has been collected through Punjab National Bank, Bargarh Branch. In his affidavit the Complainant states that he has not received the cheque and one Trilochan Bhoi S/o Jogendra Bhoi of his village has encashed the cheque fraudulently at Punjab National Bank, Bargarh Branch. The learned counsel for the Opposite Parties argued that as the cheque sent by the Opposite Parties for an amount of Rs.11,000/-( Rupees eleven thousand) only and the same has been fraudulently encashed by his co-villager by one Trilochan Bhoi, then it is the duly of the Complainant to lodge F.I.R against the fraudulent drawl of the cheque amount which is not acceptable by us. When the matter was being informed by the Complianant through Regd. Pleader notice, that it was the duty of the Opposite Parties to take necessary steps and to lodge F.I.R against the fraudulently encashed of the cheque amount but the Opposite Parties remain silent in the matter is deficiency in service by the Opposite Parties towards the Complainant. The Complainant can not be made to suffer for the lapses on the part of the Opposite Parties.<br /> <br /> In view of above discussion, the Complainant would not suffer for the fraudulent encashment of the cheque amount and hence the complaint is allowed and ordered as follows:- <br /> <br /> The Opposite Parties are directed, jointly and severally to pay to the Complainant a sum of Rs. 11,000/-(Rupees eleven thousand)only towards money back policy of the scheme with 9%(nine percent) interest per annum w.e.f. August-2009 till the date of this Order i.e. Dt. 14/09/2010, and Rs. 3,000/-(Rupees three thousand)only towards compensation and cost of the case within 30(thirty) days hence, failing which 18%(eighteen percent) interest per annum shall be charge on the total awarded amount till the date of payment.<br /> <br /> Complaint disposed of accordingly.