A.K.ANNAMALAI J. - (1.) F.A.683/08 : The appellant in this appeal is the 1st opposite party. F.A.698/08 : The appellant in this appeal is the 2nd opposite party.
(2.) The 1st respondent in both appeals is the complainant, who has filed a complaint against opposite parties 1 to 3 and the opposite parties 1 and 2 are the appellants who have come forward with these appeals by filing separate appeals in F.A.683/08 and 698/08 against one and the same order passed by the District Forum, Chennai (North) in C.C.No.220/2006.
(3.) The complainant in his complaint stated that he has paid a cheque for Rs.1200/- on 6.4.06 in favour of 1st opposite party drawn on Canara Bank, Madarpakkam Branch, Chengalpattu District towards quarterly premium payable by the complainant. The 1st opposite party presented the cheuqe for collection through the 2nd opposite party and the 2nd opposite party sent the cheque for collection to the Canara Bank, Chengalpattu Branch 3rd opposite party instead of Madarpakkam branch. The Canara Bank, Chengalpattu 3rd opposite party after proper verification returned the same with endorsement not drawn on us and the 1st opposite party by stating the same returned the cheuqe to the complainant and requested to pay the premium amount with bank charges and late fees totally for Rs.1356.10 and the complainant has paid the same. The complainant is having account in Canara Bank Branch, Madarpakkam with sufficient fund for Rs.36,665/- in her account on date of return of cheque because of the opposite parties negligence and deficiency of service caused the cheque discredited and mental agony to the complainant and was compelled to pay bank charges of Rs.140/- and late fee of Rs.16.10 to the 1st opposite party without her fault. A legal notice was issued on 9.6.06 received by the 1st opposite party on 13.6.2006, the 2nd opposite party sent a reply and the 3rd opposite party neither replied nor complied the legal notice. Hence the complainant filed a complaint for directing the opposite party to pay a sum of Rs.50,000/- for causing discredit and mental agony to the complainant and to direct the opposite parties to pay Rs.1,000/- towards cost of Rs.5,000/- towards advocate fee.;