BHUDEB CHANDRA MONDAL vs DY.GENERAL MANAGER, UNIT TRUST OF INDIA

THIS complainant''s appeal against order of dismissal passed by the CDF, Purulia on 22.6.1998. The fact of the case in short is that the complainant in the month of May, 1990 had applied for Membership under ULIP Scheme through an agent of UTI. He deposited Rs. 4,000/- per year and total amount deposited was Rs. 24,000/-. He having needed money approached the opposite party on 28.11.1993 for payment of pre-mature payment of the amount together with interest and bonus accrued thereon. The complainant waited for response for a considerable period. Later on he came to learn that the opposite parties sent two cheques for the total amount of Rs. 36,155.32 by registered post to the address of the complainant. The complainant claims that those cheques did not reach to him. Accordingly he approached the Forum claiming realisation of amount. The case was contested by the opposite party by filing written version wherein it was admitted that the complainant had deposited Rs. 24,000/- under the said scheme. As he applied for pre-mature withdrawal, the opposite party sent two cheques for Rs. 25,000/- and Rs. 11,144.32 paise in favour of the complainant and despatched the same under registered post. The case of the opposite party is that the cheques were duly encashed through Punjab National Bank, Sonepur Branch on 21.3.1996 and as such it is claimed that there was no deficiency in service on their part and their obligation stood discharged. The Forum dismissed the case with the observation that the proper remedy of the complainant lies in a thorough investigation by C.I.D. or C.B.I. Accordingly the Forum declined to grant any relief to the complainant.

FEELING aggrieved thereby the appellant has approached this Commission in appeal. It is not disputed that the complainant was a member of the ULIP Scheme and he had contributed a total sum of Rs. 24,000/. Being in urgent need of money he approached the opposite party for pre- mature withdrawal of the amount from the said scheme together with interest and bonus, etc. It is the case of the opposite party that a total sum of Rs. 36,155.32 paise by two cheques was sent to the address of the complainant under registered post. The opposite party wants to wash off its hands because of the fact that cheques were despatched to the address of the complainant by registered post. It has now been established that the cheques in question were fraudulently encashed by some fictitious person and the amount covered by the cheques was not received by the complainant. The question that arises for determination is whether the liability of the opposite party has been discharged by issuance and despatch of the cheques by registered post. Learned Counsel appearing for the appellant submits that the mere sending of the cheques by registered post does not discharge the liability of the opposite party. The cheques were received and encashed by some unscrupulous person and so the liability of the opposite party would continue. In support of his contention the appellant has referred to some decisions. In our view the liability of the opposite party would continue till it is shown that the amount has reached the hands of the complainant. The complainant cannot be asked to wait for the result of investigation in the matter either by C.I.D. or by C.B.I. It is not known whether any such investigation has been started by either of the aforesaid two agencies. Admittedly, the cheques had been encashed by a fictitious person. So the opposite party cannot wash off its hands by saying that their liability has ceased to exist by simply showing that the cheques had been despatched to the address of the complainant under registered post. In that view of the matter we think that the Forum was not justified in dismissing the complaint. We think that the Forum ought to have allowed the case. For the reasons aforesaid we allow the appeal and set aside the judgment of the Forum below and direct the opposite party to pay to the complainant Rs. 24,000/- together with up-to- date interest and admissible bonus. The opposite party is also directed to pay Rs. 1,000/- as compensation for mental pain and litigation cost.

The payment is to be affected within a period of 3 months from this date. Appeal allowed.