M.THANIKACHALAM J. - (1.) The second opposite party is the appellant.
(2.) Claim of the complainant: The complainant/first respondent, who was employed by M/s.S.Nallaperumal and Sons, Nagercoil, during his service, paid contribution towards Provident Fund regularly. After his retirement, claiming the refund of the contribution, he had addressed the first opposite party and finally he realized the savings of Rs.15,627/- by way of cheque, but unable to realize the balance of Rs.8,435/-. The first opposite party despite several reminders, has not informed about the non-payment of the amount and he came to know later through ex-employer that the cheque was returned, as if, an information was given by the second opposite party, the Savings Bank Account of the complainant was closed, which is incorrect. On the basis of the information said to have been given by the second opposite party, the first opposite party, compelled the complainant to open a new account, thereby committed deficiency in service by adopting lethargic and dereliction of duty, for which, the opposite parties are liable to pay a compensation of Rs.5 lakhs. Hence, the complaint.
(3.) The first opposite party admitting the eligibility of the complainant, opposed the claim, contending that the cheques sent by them to the second opposite party, where the complainant had account, has not returned the cheques or informed the clearance of the cheque, for which, they cannot be held responsible, thereafter this opposite party re-authorized and issued a fresh cheque on 8.8.2007, which was realized by the complainant on 21.08.2007 and therefore, as such, they have not committed any negligent or deficiency in service, thereby prayed for the dismissal of the complaint.;