Mr. Justice A.K. Bhattacharjee, President — This appeal is against an order of the Nadia District Forum allowing a complaint claiming compensation against the Life Insurance Corporation of India. The facts alleged in the complaint were as follows:—

2. One Monoranjan Gope, son of Sri Jagatbandhu Gope of Nutanbazar, Krishnagar was entitled to an amount of Rs. 5,000/- from the L.I.C.I. being the survival benefit of a Money Back Policy. The said amount was sent to the policy holder Monoranjan Gope by the L.I.C.I. after getting the discharge certificate duly signed and after the completion of all formalities. The money was sent through a cheque, drawn on the UCO Bank, per registered post. The Complainant-Monoranjan Gope, however, did not receive the cheque. On enquiry it was revealed that the cheque was delivered by the Postal Department, to one Madhusudan Karmakar at Nabadwip and the same was ultimately encashed by some person through the Dena Bank, Krishnagar who opened a new account in the name of Monoranjan Gope in the aforesaid bank and withdrew the money.

3. The complaint case was filed against (1) the Senior Branch Manager, L.I.C.I., Krishnagar Branch, (2) the Superintendent o