BRANCH MANGER, THE NELLORE DISTRICT CO-OPERATIVE CENTRAL BANK LTD Vs. V.RAJA MOHAN NAIDU

JUDGEMENT

(1.) This appeal is directed against the impugned order dated 15.4.2006 passed by District Forum, Nellore in CD 44/2005 allowing the claim for payment of Rs.1,30,000 with interest there on from 18.11.2004 against Opposite party No. 1 till date of realization. Aggrieved by the said order this appeal is filed questioning the legality and propriety of it.

(2.) According to the complainant he opened SB Account with OP 1 Bank. that a cheque dated 2.11.2004 issued by one V. Parandhama Reddy in favour of the complainant for Rs.1,30,000/- dated 2.11.2004 drawn on Andhra Bank, Sulurpet Branch, Nellore District, was presented with Opposite party No. 1 Bank for collection and crediting into his account and the same was sent to Sulurpet Branch of Nellore District Co-operative Central Bank Limited ( OP.3) on 8.11.2004 for collection. Subsequently OP 1 and 3 failed to respond about the amount covered by the said cheque. A legal notice dated 18.11.2003 was issued for which no reply was sent. It is a clear case of deficiency in service on the part of Ops 1 and 3 and liable to make good the cheque amount as it amounts to deficiency in service.

(3.) After appearance OP 3 filed its version and the OP 1 adopted it. OP 2 remained exparte.