M.THANIKACHALAM, J. - (1.) The opposite parties are the appellants.
(2.) The 1st complainant?s (hereinafter called complainant) brother-in-law, Maharajan was working at Muscat, alongwith the brother of the complainant, by name Periyadurai, who has no account, whereas Mr. Maharajan had account with the 1st opposite party, whereas the complainant had no account. In order to celebrate the Pongal festival, the brother of the complainant viz. Periyadurai, sent a sum of Rs.20000/-, through Maharajan account, on 26.12.00, by cheque bearing No.07222, and the same was also informed to the complainant through phone. Despite number of days lapsed, the complainant had not received the cheque, and therefore he informed the 1st opposite party, doubting somebody may encash, to stop payment, which was not accepted by the Branch Manager, stating that the holder of the cheque is not entitled to give stop payment, whereas the drawer of the cheque alone, could issue stop payment.
(3.) On 19.1.2006, someone misusing the cheque, drew an amount of Rs.20000/- from the 1st opposite party, and the 1st opposite party, despite report, has not taken any action. The 1st opposite party, though the complainant reported stop payment, failed to take into account, paid the amount, that should be construed as deficiency, thereby causing monetary loss, and mental agony, for which the complainant is entitled to the value of the cheque viz. Rs.20000/- alongwith compensation of Rs.50000/-. Hence the complaint.;