UNIT TRUST OF INDIA Vs. SANJEEV KUMAR

JUDGEMENT

(1.) 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.

(2.) 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.

(3.) 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.