Petitioner, after having purchased a Demand Draft of Rs.2 lakh from Respondent No.1 in favour of M/s.Bharath Recreation Club, ABN Amro Bank, Chennai ‘New Account’ sent the same to one Mr.C.Kaleeswaran for depositing the same in the payee’s account.  Mr.Kaleeswaran, instead of depositing the Demand Draft in the account of the payee, deposited it in his own account c/o Bharath Recreation Club, ABN Amro Bank, Chennai.  Petitioner asked Respondent No.1 to issue a fresh Demand Draft, which the Respondent No.1 refused on the ground that the Draft given to the petitioner had already been encashed. 

          Being aggrieved, petitioner filed a complaint before the District Forum, which was dismissed. 

Not being satisfied with the order passed by the District Forum, petitioner filed an appeal, which has been dismissed by the impugned order.

We agree with the view taken by the fora below that the Demand Draft having been encashed, the petitioner could not ask the Respondent No.1 to issue a fresh Demand Draft in his favour.  Petitioner did not implead Mr.C.Kaleeswaran, to whom the said Demand Draft had been sent, as a party respondent.  The conduct of the petitioner is suspected as the petitioner instead of sending the Draft to the payee, sent the same to C.Kaleeswaran, who deposited the same in his own account.  Petitioner, if so advised, should claim the amount from C.Kaleeswaran.  The claim made by him against the Respondent No.1 is not justified.  Dismissed.