M.THANIKACHALAM, J. - (1.) The complainant is the appellant.
(2.) The complainant, who is having bank account, with the 1st opposite party bank, had issued a cheque for Rs.3507/-, towards premium for his three policies, taken with 2nd opposite party, to the 3rd opposite party, who was the agent. The 3rd opposite party, interpolated and altered the cheque, converted the figure of Rs.3507/- as Rs.33507/-, thereby withdrawn the said amount, which cheque was passed negligently by the 1st opposite party, despite there was material alteration, thereby they have committed negligent act, as well as deficiency in service. Despite a police complaint was given, notice was issued, no fruitful result achieved, thereby compelling the complainant to come to the consumer forum, claiming cheque amount, as well as compensation, for the deficiency committed by the opposite parties. Hence the complaint.
(3.) The 1st opposite party alone contested the case, by filing written version, contending that following the due procedure, they have passed the cheque dt.1.7.2005, issued by the complainant, in favour of the 3rd opposite party, in which they have not committed any negligent act, or deficiency in service, and this being the position, they are not answerable to the claim of the complainant, thereby praying for the dismissal of the complaint.;