M.THANIKACHALAM, J. - (1.) The first opposite party is the appellant.
(2.) The first respondent/complainant, who was in service of one M/s.Harita Seatings Systems Ltd., leaving the job, applied for refund of the Provident Fund contribution in Form No.19 to the first opposite party. On the basis of the application, the first opposite party informed the complainant, that the cheque for Rs.32,525/- was sent to the second opposite party bank. On request, the second opposite party informed that the cheque was sent for collection, despite waiting, renewing the request, there was no proper response, whereas, he was insulted causing mental agony. Thus, the complaint seeking, relief against the opposite parties individually or jointly, directing them to pay the provident fund amount as well a compensation of Rs.1 lakh for mental agony, has filed the case.
(3.) The first opposite party admitting the employment of the complainant as well as entitlement of Rs.32,525/-, being the contribution amount under provident fund scheme, resisted the complaint, contending that the cheque was forwarded to the second opposite party, to credit the amount in the account of the complainant, who appears to have sent the cheque for collection to Salem District Co-op. Bank, namely third opposite party, that when the matter was reported to the first opposite party about the misplacement or loss of cheque after obtaining Indemnity Bond, they have issued a fresh cheque, which was realized on 29.11.2006, and as such, this opposite party having not committed any deficiency in service, not liable to answer the claim of the complainant, seeking dismissal of the complaint.;