M.THANIKACHALAM, J. - (1.) This is a complaint presented by a consumer/complainant, claiming a total sum of R.35 lakhs, as compensation, because of his rights were deprived and for compensation, under the heading medical expenses, mental agony, etc, under Sec.17 of Consumer Protection Act.
(2.) Brief facts pertaining to the case: The complainant was having his personal SB Account, with the State Bank of India/the opposite party, bearing Account No.01190044879. The complainants colleague Dr.E. Prabakaran, obtained a loan from a financier, by name A.Ganesan, for which the complainant stood as a guarantor, by giving 5 blank signed cheques, for a loan of Rs.10 lakhs. The financier, pressurized the complainant, to arrange and settle the loan in full, failing threatening criminal action, using blank cheques.
(3.) Apprehending, the complainant wrote a letter to the opposite party on 30.4.99, not to honour the cheques, if presented by Mr.A. Ganesan. The loan transaction was settled, and the same was also informed to the opposite party, reiterating, not to honour the cheque bearing No.808652, simultaneously, the complainant has also informed Ganesan, not to present the cheque, return it immediately. But filling the cheque, as if the complainant has to pay a sum of Rs.3.5 lakhs, the cheque was presented with material alteration. The opposite party, though collected a charge of Rs.100/- towards service charge, committed negligence, resulting a case under Sec.138 of Negotiable Instruments Act, which ended in acquittal, on 29.7.2005. Because of the criminal cases, the complainant was put to untold sufferings, not only in opposing the case, but also physically, causing bye-pass surgery, then losing the chance twice, to be elevated as vice-chancellor, for which the opposite party has to answer, by paying a sum of Rs.35 lakhs. Hence the complaint.;