M.THANIKACHALAM, J. - (1.) The opposite parties 1 & 4 are the appellants.
(2.) Facts leading to the case: The complainant/1st respondent, dealing with fancy cloth items, had sold the towel items, under two invoices to one Rajeswar Prasad Seth, having his business concern at Chanda Post, Araria District, Bihar, for a total sum of Rs.22,400/-. The invoices, and hundis were sent for collection, through 1st opposite party bank, who is competent to send the same to their counter part at Chanda, who in turn will collect the amount, and deliver the bill, on which basis the purchaser is entitled to take delivery of the goods, sent through the 2nd opposite party. Despite the lapse of more than 30 days, amount was not collected by the 1st opposite party, and reminder by the complainant also failed to yield any positive result. Thus by the negligence committed by the opposite parties 1 and 2, the complainant was put to monetary loss of Rs.22400/-, in addition causing mental agony, for which the complainant is entitled to compensation of Rs.35000/-. Thus claiming originally, the consumer complaint was filed, against opposite parties 1 and 2.
(3.) After objections raised by the opposite parties, regarding non-joinder of parties 3 and 4, were impleaded as per order in CMP.No.131/2003 dt.25.6.2003.;