A.K.ANNAMALAI J. - (1.) The 1st opposite party is the appellant.
(2.) The complainant filed a complaint against the opposite parties 1 and 2 for deficiency of services claiming for the direction to pay Rs.34,216/- cheque amount with interest 12% from 24.1.06 by the opposite parties 1 and 2 and to pay Rs.50,000/- as damages for deficiency of service by the 1st opposite party for failing to secure realization of cheque which was lost in transit Rs.50,000/- for mental agony and Rs.6,500/- as cost.
(3.) The brief case of the complainants case is, the complainant was having current account No.389 with 1st opposite party. On 24.1.06 he had presented the cheque for Rs.34,216/- drawn on State Bank of India, Thumba for collection and this cheque said to have been sent by registered post for collection by 1st opposite party and it was informed by the 1st opposite party by letter dated 18.5.06 the cheque was lost in transit could not be traced out and the complaint was given to the 2nd opposite party and also complainant was asked to obtain a duplicate cheque. The act of 1st opposite party failing to secure realization of cheque on its presentation losing it in transit and attempting a poor cover up by asking the complainant to obtain a duplicate cheque and the 2nd opposite party merely shrugging off stating to fill up form to make claim for the loss in transit, would amount to deficiency of service and thereby the complainant has filed this complaint with prayers as stated above.;