TMI Blog2000 (9) TMI 966X X X X Extracts X X X X X X X X Extracts X X X X ..... st the 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 gr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. The learned counsel appearing for the appellant submits that the mere sending of the cheques by registered post does not discharg ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es 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. 3. 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
