- (1.) The unsuccessful opposite parties in O.P.25/2005 on the file of District Consumer Disputes Redressal Forum, Salem, are the appellants.
(2.) The respondent in this appeal as complainant, sought certain particulars from the opposite parties, regarding the payments made by his deceased son E.R.Chandrasekaran, who was a member in the Tamil Nadu Manual Workers Social Security and Welfare Scheme 1999. According to the complainant, his son had subscribed every month Rs.20/- in the opposite parties bank, and since he died on 12.12.2003, in order to claim the benefits, since he had no particulars, he requested the bank to furnish the particulars under the letter dated 24.06.2004. The bank has not furnished the particulars, as requested and therefore he was compelled to move other parties by spending amount in sending the letters, thereby, he had also consumed considerable time. Thus accusing that the opposite parties have committed deficiency in service, probably, has filed the complaint for the recovery for a sum of Rs.25,000/- for hardship and mental agony and for further sum of Rs.25,000/- for untold hardship and mental agony since there was a delay, by the conduct of the opposite parties to get the death benefits of his son.
(3.) The appellants/opposite parties opposed the complainants complaint, on the grounds, with among other grounds, that there is no banker and customer relationship between themselves and complainant, that the complainant is not a consumer and therefore, the forum has no jurisdiction, that in order to implement the Tamil Nadu Manual Workers Social Security and Welfare Scheme 1999, the Government entered into a contract of personal service with certain banks, including the opposite parties bank which is personal between the bank and the Government, that the opposite parties duty was only to collect the subscription remitted on behalf of the Government and therefore they are not bound to furnish any particulars of transaction, that too, beyond a period of 2 years and that the particulars sought for, are not available with Bank, thereby, praying for the dismissal of the complaint.;