Unit Trust of India vs Sanjeev Kumar

ON account of deficiency in service, inasmuch as that the maturity amount against 500 units, under the children gift plan, sent by way of cheque, which respondent did not receive and in spite of his request for issuing duplicate cheque, the same was not issued, the District Forum has vide impugned order dated 15.4.2000 directed the appellant to pay maturity amount of Rs. 16,133.35 with 15% interest.

THROUGH this appeal the impugned order has been assailed mainly on the ground that there was no deficiency in service and the original cheque sent through post was duly encashed and credited in the Kirti Nagar Branch of Syndicate Bank. On the contrary, the respondent has referred to letter dated 9.6.1995 sent by the appellant calling upon the respondent to send indemnity bond on the stamp paper of Rs. 20 for issuing duplicate cheque and when he forwarded the same he received a letter from the appellant on 28.7.1995 whereby the indemnity bond was returned informing him about the encashment of the cheque on 22nd April, 1992.

According to the respondent, the said cheque was never got encashed and the appellant is trying to wriggle out of his obligation by taking flimsy plea.

HOWEVER, in view of the letter dated 6.10.2002 issued by the Syndicate Bank and produced by the appellant before us, it is clear that the cheque in question for the aforesaid amount issued on Syndicate Bank was collected and credited in the account by the respondent on 27.3.1992. The instant appeal is liable to be allowed as the respondent has failed to produce the pass book to show that the aforesaid amount was not credited in his account on 27.3.1992. We are allowing this appeal on the basis of the letter dated 6.10.2000 issued by the Syndicate Bank and if the contents of this letter are found to be false and in case the respondent succeeds to prove the falsity of the contents of this letter, then he shall bring this fact to the notice of the District Forum who shall on verification initiate the execution proceeding treating the instant appeal having been dismissed.

THE bank guarantee/FDR, if any deposited by the appellant be returned forthwith after completing necessary formalities. A copy of this order as per statutory requirements be fowarded to the parties free of costs and also the concerned District Forum and thereafter the file be consigned to Record Room. Appeal allowed.