KERALA STATE CONSUMER DISPUTES REDRESSAL

COMMISSION VAZHUTHACAUD, THIRUVANANTHAPURAM.

APPEAL No. 363/2010

JUDGMENT DATED:04-08-2010

PRESENT:

JUSTICE SHRI. K.R. UDAYABHANU              :PRESIDENT

SHRI.S. CHANDRAMOHAN NAIR                             : MEMBER

The Manager,

North Malabar Gramin Bank,                                           : APPELLANT

Peringatoor Branch, Kannur.

(By Adv:M/s M.P.R.Nair & Devan Ramachandran)

            Vs.

1.         K.Satheesan,

Parambath house,

Peringatoor, Thalassery.

2.         The Manager, ICICI Bank,

Chamaraj Pett Branch-132,

Bull Temple Road,                                     : RESPONDENTS

Bangloor-18.

3.         R.Manoharan,

Manu Enterprises,

154/1, sms Travels Buildings,

Chambray Pett, Bangloor-18.

JUDGMENT

JUSTICE SHRI. K.R. UDAYABHANU:PRESIDENT

The appellant is the 1^st opposite party in CC.242/08 in the file of CDRF, Kannur.  The appellant bank and the 2^nd opposite party bank have been ordered to pay a sum of Rs.15,000/- as compensation together with cost of Rs.1000/-.

2. The matter was with respect to the cheque entrusted with the appellant for collection.  The same was found missing.  It is the case of the appellant that the appellant had forwarded the same through post to the 2^nd opposite party.  It is the case of the 2^nd opposite party that they have not received the cheque.

3. The evidence adduced consisted of the testimony of PW1, DW1, Exts.A1 and B1 to B11.

 4. The Forum considering the evidence adduced in the matter has held that both the opposite parties are responsible.  1^st opposite party had produced records to show that the letter from the postal authorities that the article was delivered to the 2^nd opposite party.   The opposite parties have been jointly and severally made liable to pay compensation of Rs.15,000/- and cost of Rs.1000/-.  We find that the appellant cannot shirk responsibility as the cheque was entrusted to them.  It is the duty of the appellant to see that the article reaches the destination and if not so to take steps to see that the same is substituted etc.  In the circumstances we find that there is no scope for admitting the appeal.  All the same the direction to pay Rs.15,000/- as compensation and cost of Rs.1000/- by the opposite parties jointly and severally is modified to the effect that the opposite parties 1 and 2 would be liable to pay compensation of Rs.7500/- each and cost of Rs.500/- each.  With the above modification the appeal is disposed of.

Office will forward a copy of this order to the Forum and the parties at the earliest.

JUSTICE K.R. UDAYABHANU:PRESIDENT

S. CHANDRAMOHAN NAIR : MEMBER

VL.