A.K.ANNAMALAI, J - (1.) The 2nd opposite party is the appellant.
(2.) The complainant filed a complaint against the opposite parties 1 to 3 for claiming the refund of Rs.24,750/- paid for the purchase of share and for Rs.20,000/- as compensation for mental agony and for Rs.2,000/- as costs.
(3.) The brief details of the complaint are as follows :- The complainant is a practicing Doctor at Tiruvarur. The 1st opposite party approached the complainant to purchase shares from the 3rd opposite party through the 2nd opposite party. The 1st opposite party also represented the complainant that he was the President of Nadar Mahajana Sangam at Tiruvarur. Believing the assurance given by the 1st opposite party, the complainant issued a cheque for Rs.24,750/- to the 1st opposite party. Since, his brother Saravana Kumar is an account holder in the Tamil Nadu Mercandile Bank at Tiruvarur, he issue a cheque for the said amount in favour of the 1st opposite party on 30.3.2000. The 1st opposite party deposited the cheque issued by the complainant on 30.3.2000 itself in the 3rd opposite party bank, for transferring the proceeds by mail transfer to the 2nd opposite party and it constitute acceptance by the 3rd opposite party. Thereafter shares certificateswere not received by the complainant. He approached the opposite parties on 8.7.2005. The 3rd opposite party replied to the complainant advising the complainant to contact the 2nd opposite party Nadar Mahajana Bank Shares Investors Forum for further clarification and to get the shares from the 2nd opposite party. The 2nd opposite party did not sent any reply. Then the complainant sent a letter to Consumer Protection Council, Tiruvarur for non receipt of Tamil Nadu Mercandile Bank Shares and the said Council had addressed letter to the opposite parties for issue of shares to the complainant. But no reply has been received by the Council. Hence, the complainant filed complaint for the relief as prayed for in the complaint.;