BRANCH MANAGER Vs. KOLA KONDAIAH

JUDGEMENT

(1.) This is an appeal preferred by Indian Bank, opposite party No. 2 against the order of the Dist. Forum directing it to pay Rs. 1 lakh with interest @ 9% p.a., from the date of complaint together with compensation of Rs. 3,000/- and costs of Rs. 1,000/-

(2.) The parties are described as arrayed in the complaint for facility of expression and avoid confusion.

(3.) The case of the complainant in brief is that his son died of electrocution in the house of opposite party No. 1 on 4.12.2005 and there was a settlement for Rs. 1,30,000/- towards compensation, and he paid Rs. 30,000/- in cash and issued a cheque for Rs. 1 lakh on 30.9.2006 drawn on State Bank of Hyderabad, Mankammathota Branch, Karimnagar. He presented the said cheque with the appellant bank on 17.3.2007 which in turn sent for clearance to Indian Bank, Karimnagar. However, during transit the cheque was lost. When he approached the Manager of the appellant bank he issued a certificate stating that the said cheque was misplaced and informed the matter to Op3 bank to stop payment. Accordingly, the said bank had stopped payment. In spite of his repeated requests neither the cheque was returned nor amount was paid. It amounts to deficiency in service. Therefore, he prayed that an amount of Rs. 1 lakh covered under the cheque be paid together with interest, compensation and costs.