M. THANIKACHALAM J. - (1.) The complainant in O.P.13/2003 on the file of District Consumer Disputes Redressal Forum, Vellore, having failed in her attempt to get a favourable order, as desired, has come to this Commission, as appellant.
(2.) The complainant/appellant, who belongs a poor family, received as marriage assistance for her daughter by way of cheque of Indian Overseas Bank, for Rs.2,000/- from the Government. The complainant having a savings bank account in the second opposite partys post office, deposited the said cheque for collection on 03.08.2002. Under the hope, the second opposite party should have realized the amount by sending the cheque to the concerned Bank, attempted to withdraw the amount, but came to know that the said amount was not credited in her account. The enquiry revealed, the cheque was lost or misplaced. Thereafter, by her laborious activities, after several months, a duplicate cheque was obtained and the amount was credited in her account. Because of the deficiency caused by the second opposite party, who is under the control of the first opposite party according to her, she suffered loss as well damage which is quantified as Rs.52,000/-, for which, claiming interest, as well cost, a petition came to be filed.
(3.) The opposite parties opposed the complainants case, inter alia, contending the Demand Draft was sent to Post Master, Ranipet Head Post Office for realize, later it was not traceable. Thereafter making necessary efforts and obtaining duplicate Demand Draft, amount was credited in the complainants savings bank account, on 27.06.2003 and therefore there is no question of deficiency or any loss caused, to the complainant, which should follow, she is not entitled to claim any amount. It is further contended, denying the other averments available in the complaint, that the complaint has been filed pre-maturely while respondents/opposite parties have taken steps to get duplicate Demand Draft from Indian Overseas Bank, Chennai and on this ground also it is prayed the complaint may be dismissed.;