LAWS(NCD)-2008-9-11

SANTOSH SHARMAN Vs. ALLAHABAD BANK AND ANOTHER

Decided On September 26, 2008
SANTOSH SHARMAN Appellant
V/S
ALLAHABAD BANK Respondents

JUDGEMENT

(1.) -COMPLAINANT is appellant. This appeal is directed against order dated 24. 8. 2006, passed by District Consumer Disputes Redressal Forum, Dhanbad, in Consumer Complaint No. 217 of 2005, whereby the complaint was disposed of as under: ''so in the circumstances stated above this complaint case is allowed and complainant is ordered to pay all the due premium within 40 days. In the meantime the O. P. is also to be ordered to pay compensation of Rs. 500. 00, but in this case cheque of the complainant was dishonoured for that dishonoured cheque OP is not to be punished. O. P. has already agreed to pay a rebate of Rs. 1,000. 00 so let this case be disposed of in the light of grace given by the O. P. to complainant. ''

(2.) THE complainant had taken Life Insurance Policy for a sum of Rs. one lac, which commenced from 28. 12. 2001. The yearly premium payable for the said policy was Rs. 7,480. 00.

(3.) IN respect of the yearly premium due, in the month of December, 2003, the complainant deposited cheque No. 605331 dated 15. 3. 2004 for Rs. 7,704. 40 paise [rs. 7,480. 00 premium amount + Rs. 224. 00 interest for delayed payment] drawn on Allahabad Bank, Kumardhubi branch. The L. I. C. of India deposited the said cheque on the next day with its banker, Bank of India, Chirkunda Branch, through pay-in-slip No. 11794. On 20. 3. 2004 the Bank of India, Chirkunda branch returned the cheque with cheque return memo from Allahabad Bank with endorsement ''refer to Drawer''.