Tribunals and Commissions(2003) 07 NCDRC CK 0088

ASHOK RAGHUNATH DESAI vs CHAIRMAN, LIC MUTUAL FUND

National Consumer Disputes Redressal Commission · Decided on 9 July 2003 · Citation: 2004 2 CPJ 159

HON’BLE JUDGES
M.S.Rane , R.N.Varhadi J.
RESULT
Appeal disposed of

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Judgment

8 paragraphs · 459 words
1.

WE are proceeding to dispose of this appeal at the stage of its admission itself on perusal of the material available before us and on hearing the appellant who is appearing in person and the learned Advocate for the respondent.

2.

FOR brevity''s sake appellant is referred to as "Complainant" and respondent as "O.P.". Complainant has filed this appeal against the order dated 14.8.2001 passed by the District Forum Satara being not satisfied with the reliefs granted by the said Forum to him. The complainant has mainly two grievances, (i) non-release of the warrant for the amount of Rs. 8,000/- in respect of certain investment by the O.Ps. and (ii) delayed payment.

Before the District Forum, O.P. in their written statement, pointed out that the amount in question was remitted by cheque to the complainant on 10.6.1998 on his address on their record at Kolhapur, which returned back undelivered.

3.

REPLY of the complainant is that the O.Ps. were aware of the change of his address from Kolhapur to Shrirampur, as he has made subsequent investment showing his address at Shrirampur. It is to be, however, noted that every investment is a separate investment and when the complainant has mentioned in particular investment at Kolhapur address which is subject-matter of the complaint herein and change of his address was not specifically informed, no fault could be found with the O.P. in despatching the cheque to the known address on their record. Delay occurred because of the same.

4.

DESPITE pointing out all these facts, District Forum, however, granted relief in favour of the complainant and for the purpose of convenience, we reproduce the same : (1) Opponent is directed to issue a duplicate redemption warrant for an amount of Rs. 8,000/- to complainant within a period of 15 days after the due compliance of requirements for the same on the part of complainant within 15 days from the date of this order. (2) Opponent is also directed to pay interest on the redemption due amount @ 9% p.a. for the delayed period.

In our view, grievance of the complainant is adequately and substantially vindicated by the reliefs as granted. Complainant has made grievance that he has not received warrant of Rs. 8,000/- till date.

5.

LEARNED Advocate for the respondent stated that the complainant has to execute Indemnity/Surety Bond as per requirement and rules. He further assures the moment, he complies with the same, amount will be paid to him. We record the said statement with clarification as above. Hence the following order: ORDER (1) Appeal stands disposed of. (2) Order of the District Forum stands confirmed. (3) No order as to costs. (4) Copies of the order herein to be furnished to the parties.

Appeal disposed of.