SATISH CHANDRA MISHRA Vs. UNIT TRUST OF INDIA

JUDGEMENT

(1.) The complainants have filed this complaint for directing the respondents to pay a sum of Rs.84,989.58 P. to complainant No.1 and Rs.85,510.00 to complainant No.2 towards Unit Link Insurance Plan (hereinafter referred to as 'ulip') Scheme. It is further prayed that the respondents be directed to pay interest on the maturity amount from January, 1998 till the date of actual payment. It has further been prayed that the respondents be directed to pay a sum of Rs.1,00,000/- each to the complainants towards mental harassment and negligence of the opposite party. A sum of Rs.10,000/- each has been prayed towards expenses incurred in correspondence etc. A further sum of Rs.5,000/- has been prayed to be paid towards cost of legal proceedings besides a sum of Rs.1,00,000/- each towards claim of damages.

(2.) The facts of the case stated in brief are that according to complainant No.1, he is husband of complainant No.2. Both of them had taken membership in the ULIP in the year 1988 after paying a sum of Rs.4,000/- each. Copy of the ULIP certificates are Annexures 1 and 2. These membership policies matured in the month of January, 1998. On 20.11.1997 the complainants received two letters from respondent No.1 requesting therein to give bank account particulars, bank branch, type of account (current/saving bank) and account number to enable UTI to print the same on the maturity cheques to avoid any fraudulent encashment. It was further mentioned that 'if there was any change in the address, the new address be given in the format'. These informations were asked for latest by 10.12.1997, otherwise the cheques were to be issued according to the details mentioned in their records. Copies of both these letters addressed separately to the complainants are Annexures 3 and 4. According to the complainant, they wrote to respondent No.1 within the period prescribed about the details of the bank stating therein that the account payee cheque be issued in the name of Sri Satish Chandra Misra, Savings Bank Account No.502, Bank of Baroda, Narhi Branch, Lucknow and in the name of Smt. Kalpana Misra, S. B. Account No.103757 of Allahabad Bank, Main Branch, Hazratganj, Lucknow.

(3.) It has further been alleged that after the maturity period of ULIP was over, the complainant did not receive the maturity amount. Hence they had to issue reminders to respondent No.1. A fax message was also sent. Photocopies of these communications are Annexure 5 to 10. Letter dated 6.8.1998 was received from respondent No.1 informing them that as per their record cheques in the name of complainants have been paid on 20.1.1998 in the Zila Sahkari Bank, Basti. The opposite party No.1 also enclosed photocopies of the cheques alongwith above said letters. The cheques were alleged to have been issued on 20.12.1997 in the name of the complainants, copy of which is Annexure 11 to the complainant. A perusal of photocopies of these cheques go to show that the name of the branch and the District in which the said bank account is situated were not mentioned by the respondent No.1 in the cheques inspite of the fact that both these details were also intimated to the opposite party No.1. This act of the opposite party No.1 amounts to inefficiency and negligence resulting into wrong payment of the amount. It is further alleged that the cheques are said to have been encashed by opening Account Nos.117 and 118 in the District Cooperative Bank, Basti through the Banks of respondent No.1 at Delhi. On the reverse side of these cheques there was a caution printed. In the caution it was mentioned that in order to avoid fraudulent encashment of cheques certain precautions are to be taken. Inspite of these precautions, the Bank of respondent No.1, Central Bank of India, Janpath Branch, New Delhi did not follow the same and got the fraudulent encashment of the cheques.