M.THANIKACHALAM J. - (1.) The first and second opposite parties in CC.43/2003 on the file of the District Consumer Disputes Redressal Forum, Nilgris at Udhacamandalam, are the appellants, since they are aggrieved by the order of the District Forum, dated 24.09.2007.
(2.) The first respondent/complainant had contributed daily Rs.400/- on all working days, except Sundays under JND Account, maintained by the first opposite party from March 2002 to February 2003, totaling a sum of Rs.92,400/- through the recognized agent namely the third opposite party, who used to collect the amount, getting the signature of the complainant also, entering the amount in the folder supplied by the first and second opposite parties. The third opposite party failed to come and collect the daily collection from the beginning of March 2003 and enquiry revealed, that there was only a balance of Rs.2,800/- as credited to the complainants account and the balance of Rs.89,600/- appears to have been misappropriated. Therefore, the complainant issued lawyers notice, failing to get the amount on oral demand, requesting the opposite parties to refund the amount, for which, there was no proper reply, resulting mental agony and other sufferings to the complainant. Hence, the complainant is constrained to file the case for the recovery a sum of Rs.92,400/- with interest thereon, from 08.03.2003 till the payment, with compensation of Rs.1 lakh for mental agony.
(3.) The first and second opposite parties admitting the JND Account standing in the name of the complainant, opposed the claim, contending that it is the duty of the subscriber, to collect from the Collection Agent at the end of every month a slip containing the consolidated amount contributed by the subscriber for the said month, which he failed, that in the absence of such receipt regarding the collection and deposit in the Bank, the Bank cannot be made liable for the alleged deposit of Rs.92,400/-, that since they have not committed any negligent act or deficiency in service, they are not liable to pay any amount, much less any compensation.;