UNIT TRUST OF INDIA Vs. REETA SHARMA

JUDGEMENT

(1.) VIDE impugned order dated 7th March, 2005 the appellant has been directed by the District Forum to pay the unit certificates amount of Rs. 23,000 along with 9% interest from the date of filing of the complaint by the respondent and Rs. 2,000 as cost of litigation and Rs. 3,000 towards compensation for mental agony and harassment.

(2.) THROUGH this appeal the impugned order has been assailed mainly on the ground that the appellant could not take the plea and could not produce the documents that it had sent the cheque for the maturity amount before the District Forum that the maturity amount against 1000 units purchased by the deceased husband of the respondent was sent by way of cheque of dated 4.6. 1995 which was encashed on 4.6.1995 and on this premise alone the District Forum has passed the impugned order without verifying the factual aspect or without directing the respondent to produce the Bank statement showing the encashment of the aforesaid cheque.

(3.) COUNSEL for the appellant states that with great difficulty it has been able to lay hands upon the documents from their Bank regarding the date of the cheque and date of payment and the Bank account number at which the proceeds were encashed.