- (1.) THIS appeal, under Section 15 of the Consumer Protection Act, 1986 , is directed against the order dated 8.2.2005 in Complaint No. 84/2004 by the District Consumer Disputes Redressal Forum, Durg, (hereinafter called the District Forum for short) directing that the respondents shall pay to the complainant/appellant Rs. 6,000 with interest @ 9% per annum payable from 24.3.2004 as well as compensation of Rs. 1,000 and Rs. 500 as cost of the complaint.
(2.) IT is now not in dispute that the complainant obtained membership of a scheme known as ULIP 71, floated by the respondent No. 1. As per the terms of the said scheme, the complainant was to deposit 10 instalments of Rs. 6,000 each and on maturity, the amount due with bonus, was payable to the complainant. It is further not in dispute that the complainant s cheque regarding payment of 6th instalment was not credited in his account. The complainant, thereafter, withdrew from the scheme by re -purchasing the units on 26.11.2002.
(3.) ACCORDING to the complainant, though he had paid the amount of 6th instalment by cheque, the same was not credited in his account by the respondents. He was, therefore, forced to withdraw from the scheme and to re -purchase the units standing in his credit on 26.11.2002. It appears that no written version was filed on behalf of the respondent, but an affidavit of Rajesh Lokhande, Chief Manager of U.T.I. was filed. The District Forum held in the impugned order that the 6th instalment was in fact, paid by cheque by the complainant/appellant to the respondent No. 1. However, the said cheque was not credited in his account and thus there was deficiency in service by the respondents. Accordingly, the District Forum directed that the said amount of Rs. 6,000 with interest @ 9% per annum as also compensation of Rs. 1,000 and cost of Rs. 500 be paid by the respondent, to the complainant/appellant.;