CHHABI MAJUMDER vs G.P.GUPTA, CHAIRMAN U.T.I.

THIS is an appeal against the order of dismissal dated 25.9.1997. 1. The petitioner is a widow. She purchased two Unit Trust of India Certificates for Rs. 20,000/-, each on 2.5.1995 through local agent of the UTI Malda from its Branch at Siliguri. The petitioner claims that in the application form for purchase of the certificates she clearly stated that payment against those certificates should be made through her Bank A/c No. 19799 of the State Bank of India, Malda Branch.

ON 21.10.1996 she requested the Branch Manager, Siliguri for payment against those certificates for the purpose of meeting the marriage expenses of her daughter and accordingly deposited the certificates with the Siliguri Branch on 21.10.1996. She was informed that all the necessary papers had been forwarded to Calcutta Branch. She took up the matter with the Calcutta Office in writing as also by personal contact through her brother. But the UTI Authority did not make payment and consequently her daughter''s marriage could not be held. Ultimately she sent lawyer''s letter demanding payment of money whereupon she was informed that they have already despatched two cheques for Rs. 19,760/- each to the address of the petitioner on 14.12.1996. But she did not receive any cheque. So she filed the case before the Forum claiming payment of Rs. 40,000/- against the said certificates and a further sum of Rs. 50,000/- as compensation. The Forum dismissed the case on the ground that the matter involving complicated question of fraud cannot be enquired into by the Forum. It was disclosed during hearing that the said cheque had been encashed through Postal Savings Account at Karolbagh Post Office, New Delhi. The Forum observed that some miscreant must have defrauded the petitioner by illegally producing those cheques by impersonation or otherwise. In that view of the matter the Forum dismissed the case. Feeling aggrieved by the decision of the Forum, the petitioner has appealed.

Admittedly the petitioner was the holder of two certificates of Rs. 20,000/- each. She has deposited the same in the Siliguri Branch of UTI for encashment for defraying the marriage expenses of her daughter. She waited for several months but did not receive payment. So she served a lawyer''s notice upon the UTI Authority demanding payment of money. It was then disclosed that the said cheque had been encashed at the Karolbagh Post Office, New Delhi by fraud. Learned Counsel for the UTI submits that fraudulent nature of the transaction cannot be enquired into by the Forum in a summary proceeding. The learned Counsel for the petitioner who is the appellant here submits that the acknowledgement form of the petitioner indicated clearly that the payment should be made through her Bank A/c No. 19799 of the SBI Malda Branch. It is evident that this request of the petitioner was not heeded to resulting in fraudulent encashment of the cheque. Had the UTI Authorities mentioned the name of the Bank, its Branch and the A/c No. in the cheques, there would have been no occasion for fraudulent encashment of the cheques. This was not apparently done giving opportunity to the miscreant to encash the cheque at New Delhi. This is certainly a deficiency in service on the part of the UTI and for which they must be held responsible. Therefore, we cannot but disagree with the views of the Forum and hold that the petitioner is entitled to get back the amount covered by those two cheques. In fine the petitioner do get back Rs. 40,000/- besides getting interest on this amount @ 10% per annum from the date of deposit of the two certificates with the Siliguri Branch of the UTI till date of payment. In the result the appeal be allowed and the petitioner would get decree for the amount as indicated above. The UTI Authorities are directed to make payment of the said amount within two months from the date of communication of the order failing which execution case will proceed. Appeal allowed.