A.K.ANNAMALAI J. - (1.) :- The Appellants are opposite parties 1 to 3 in the complaint in O.P.No.94/2004.
(2.) The complainant filed a complaint against the opposite parties for deficiency of service in payment of deposit amount and thereby claiming Rs.53,569/- as compensation for the deficiency of service and with cost.
(3.) The brief details of the complaint in brief are as follows :- The complainant is a retired Head Master and being the Executive member in the opposite parties society having permanent membership for more than 40 years of service and he had deposited a sum of Rs.43,200/- as part of his retirement benefits in June 2004 and on 14.9.04 he came to the opposite parties bank for withdrawal of the deposit and 3rd opposite party being the cashier paid the amount after getting signatures and the complainant due to the confidence having with the 3rd opposite party and for the cordial relationship for several years with the members of the opposite parties society received the money without counting them there itself and when he counted the money on the next day for using that money it was found a shortage of sum of Rs.2951/- including the deposit and interest as he was not aware how much interest was given and further in the amount of his wifes deposit also found shortage. On that day itself at about 12.00 noon when he contacted 3rd opposite party and enquired about the same and thereby he asked for denomination was details for which third deposit asked him to contact on the next day and not to inform about the shortage to others and he will settle the same at any cost and thereafter as the 3rd opposite party went on leave on 16.9.2004 and on 17.9.04 when he met 3rd opposite party he has asked to come 2 or 3 days later to settle the matter and when contacted on 20.9.04 he has not given proper reply and stated that he had paid the amount in correct manner and thereby the complainant gave a complaint on 21.9.04 and 4.10.04 to the 2nd opposite party and on 20.10.04 2nd opposite party gave a reply by stating the deposit amount to be paid to the complainant was for Rs.43,818/- and for the deposit amount to be paid to his wife (complainant in O.P.No.95/2004) for Rs.1,01,431/- and those amounts were dispersed at once in one payment as per the details of record and 3rd opposite party committed the offence by due planning and misappropriated the money and the reply was given to save the skin of the 3rd opposite party and thereby 3rd opposite party also without admitting his guilty gave a false reply and thereby opposite parties 1 to 3 are jointly liable for appropriate service and due to the deficiency of service the complainants being senior citizen with respect in the society suffered and thereby the complainant claims Rs.2,951/- as shortage of money in his deposit and Rs.618/- towards shortage of interest for the deposit in all Rs.3569/- sustained loss and for the mental agony, disrespect before the society prestige etc., He has claimed a sum of Rs.50,000/- as compensation and thereby he claims Rs.53,569/-.;