M.THANIKACHALAM J. - (1.) The complainant is the appellant.
(2.) The complainant/appellant was having a savings bank account, with the opposite party, in which, he remitted a sum of Rs.5 lakhs on 28.01.2004 by cheque, issued by third party. After giving credit, the complainant had several transactions. When he had received the statement of account, for the period January 2004 to March 2004, it revealed, the said Rs.5 lakhs was debited on 28.01.2004 itself. Immediately he demanded the authority concerned to give credit, for which, there was no reply, resulting, the complainant was unable to meet out his business commitment, leading to financial loss also.
(3.) The Bank, since failed to rectify its mistake, a legal notice was issued, which elicited only a false reply, exposing the fraud committed by the opposite party on the customer, which should be construed as deficiency, causing mental agony, for which also, the complainant is entitled to a sum of Rs.3 lakhs, in addition to, another sum of Rs.50,000/-, for expenses. Thus, claiming a total sum of Rs.8,50,000/-, a consumer complaint came to be filed, before the District Forum, Chennai (South).;