A.K.ANNAMALAI J. - (1.) Details of complaint in both the appellants :- The complainant Chinnadurai who is the 1st respondent in both appeals has filed a complaint against the appellants in COP No.22/2006 before the District Consumer Disputes Redressal Forum, Dindigul for the deficiency of service, claiming Rs.7,00,000/- for the loss of the cheque presented for collection with the 1st opposite party and for Rs.1,00,000/- as compensation for mental agony and for Rs.1,45,000/- for deficiency of service and cost.
(2.) The case of the complainant is that one K.P.Ganesan borrowed Rs.7,00,000/- on 27.11.2003 from the complainant and issued post dated cheque dated 27.1.2004 drawn on Indian Bank, Nehru Nagar, Dindigul and the complainant presented the cheque in the 1st opposite party bank in his SB Account and the 1st opposite party sent the cheque through 2nd opposite party for collection and the 2nd opposite party sent the cheque to the Indian Bank, Nehru Nagar, Thindal for collection and the same bank dishonored the cheque for want of sufficient funds in the account of the drawer and the cheque received by the 2nd opposite party was forwarded to the 1st opposite party through the courier service, 3rd opposite party and it was lost during transit and thereby the complainant was deprived of payment of Rs.7,00,000/- due to the deficiency of service and claimed the amounts as stated above. The 1st and 2nd opposite parties denying the deficiency of service admitting the loss of cheque sent for collection during transit branch back to the 1st opposite party through 3rd opposite party and negligence was due to 3rd opposite party and therefore 1st and 2nd opposite parties are not liable to pay any compensation to the complainant. The 3rd opposite party denying the allegations by stating that the complainant had not booked any article through it and there is no relationship as consumer and service provider between the complainant and 3rd opposite party. Even though the cheque was lost in transit, while in the custody of 3rd opposite party, the complainant would have recovered the cheque amount from the person who issued the cheque with the help of the bank and no action can be taken against the opposite parties. The 3rd opposite party had discharged duties as carrier service properly and on the cover carries the letter it has been specifically marked by the 3rd opposite party that, this opposite party is liable for Rs.100/- only in case of loss of article and the drawer through Ganesan is also a necessary party for proper adjudication and failure to implead him as a party to the proceedings. The complainant is barred for non-joinder of parties and the complaint before this Forum is not maintainable.
(3.) On the basis of bothsides materials, and documents placed before the District Forum, after enquiry, the District Forum allowed the complaint by directing the opposite parties jointly and severally to pay the cheque amount of Rs.7,00,000/- to the complainant with 12% interest from 27.1.2004 till realization of the amount to pay Rs.10,000/- as compensation for mental agony, Rs.10,000/- as compensation for deficiency of service and costs of Rs.5,000/- within 3 months from the date of this order.;