B.BABUJI Vs. MUNDROTHURUTHU SERVICE CO-OPERATIVE BANK LTD
LAWS(KERCDRC)-2009-4-1
KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on April 06,2009

B. BABUJI Appellant
VERSUS
MUNDROTHURUTHU SERVICE CO -OPERATIVE BANK LTD. Respondents


Referred Judgements :-

CANARA BANK VS. SUDHIR AHUJA [REFERRED TO]


JUDGEMENT

S.CHANDRA MOHAN NAIR, J. - (1.)THIS appeal is preferred against the Order dated 8.4.2002 in OP No. 511/99 of CDRF, Kollam by which the complaint is dismissed. Aggrieved by the said dismissal the complainant has approached this Commission calling for the interference as to the veracity and sustainability of the order passed by the Forum below.
(2.)THE grievances of the complainant bereft of unnecessary details are that the complainant had entrusted the cheque for Rs. 75,000 with the opposite party/respondent for collection on 14.1.1999 and that the opposite party though accepted the cheque did not send it for collection with ulterior motives. It is his further case that though a lawyer notice was sent on 9.3.1999 the opposite party did not reply even to the notice and hence the complaint was filed praying for directions to pay to the complainant a sum of Rs. 75,000 with compensation of Rs. 10,000 and cost of Rs. 1,000.
(3.)RESISTING the complaint the opposite party filed version contending that the complaint is not maintainable and that there was no deficiency of service on the part of the opposite party. It was further contended that though the cheque was received on 14.1.1999 it contained a forged signature and that it was duly informed to the complainant and as the complainant did not accept the cheque, it was sent by the registered post. The opposite party further submitted before the Forum that the complainant did not suffer any loss due to the action of the opposite party and as such the complaint was liable to be dismissed with a compensatory cost of Rs. 3,000.
The evidence consisted of the oral testimony of the complainant as PW1 and two witnesses as PW2 and PW3. Documents as Exts. P1 to P5 were marked on the side of the complainant and D1 and D2 were marked on the side of the opposite party.



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