2000 (9) TMI 966

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...., MRS. SILPI MAJUMDAR AND D. KARFORMA, MEMBERS   ORDER Datta, President - This complainant's appeal against 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 R....

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....44.32 paise in favour of the complainant and despatched the same under registered post. The case of the opposite party 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 pro....

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....he complainant by registered post. It has now been established that the cheques in question were fraudulently encashed 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 learne....

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....ite party cannot wash off its hands by saying that their liability has ceased to exist by simply showing that the cheques 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 ap....