THE ALAKODE SERVICE CO OPERATIVE BANK LTD No.1588 V/S THOMAS - Consumer Court Case

Kerala

StateCommission

A/08/192

THOMAS - Complainant(s)

Versus

THE ALAKODE SERVICE CO OPERATIVE BANK LTD No.1588 - Opp.Party(s)

K.S.CYRIAC

01 Nov 2008

ORDER

.
CDRC, Sisuvihar Lane, Sasthamangalam.P.O, Trivandrum-10
Appeal(A) No. A/08/192

THOMAS						...........Appellant(s)
Vs.
THE ALAKODE SERVICE CO OPERATIVE BANK LTD No.1588 The Secretary						...........Respondent(s)

BEFORE:

1. SMT.VALSALA SARNGADHARAN 2. SRI.M.K.ABDULLA SONA 3. SRI.M.V.VISWANATHAN

Complainant(s)/Appellant(s):

1. THOMAS

OppositeParty/Respondent(s):

1. THE ALAKODE SERVICE CO OPERATIVE BANK LTD No.1588 2. The Secretary

For the Appellant :

1. K.S.CYRIAC

For the Respondent :

1. 2.

ORDER

Consumer Court Lawyer

Best Law Firm for all your Consumer Court related cases.

Bhanu Pratap

Featured Recomended

Highly recommended!

5.0 (615)

Bhanu Pratap

Featured Recomended

Highly recommended!

Experties

Consumer Court | Cheque Bounce | Civil Cases | Criminal Cases | Matrimonial Disputes

Phone Number

7982270319

Dedicated team of best lawyers for all your legal queries. Our lawyers can help you for you Consumer Court related cases at very affordable fee.

JUDGMENT

APPEAL NO:192/2008

Dated 1.11.2008

The appeal is preferred from the order dated:1^st July 2008 passed by CDRF, Idukki in CC:17/07. The appeal is filed by the complainant therein disputing the adequacy of compensation awarded by the Forum below. The case was related to the failure on the part of the opposite party/bank in honouring the cheque produced by the complainant for encashment. Admittedly the cheque was issued by the Son of the appellant/complainant and at the first time it was produced without any endorsement. Rightly or wrongly the opposite party/bank insisted for an endorsement and thereafter the complainant produced the cheque with an endorsement. Even after getting the cheque with an endorsement the opposite party was not ready to encash the cheque through the account of the appellant/complainant. Thereby the Forum below found deficiency of service on the part of the opposite party (Alakode Service Co-operative Bank thereby awarded a compensation of Rs.7000/- with a cost of Rs.2000/- with a further direction to pay future interest at the rate of 12% from the date of default.

2. The case of the appellant/complainant is that the compensation awarded by the Forum below is not adequate. The facts and circumstances of the case would make it clear that infact no pecuniary loss had been suffered by the appellant/complainant because of the failure on the part of the opposite party/Bank in encashing the cheque through the account of the complainant. So the compensation of Rs.7,000/- ordered by the Forum below can be treated as just reasonable and adequate. We do not find any legally sustainable ground to interfere with the impugned order passed by the Forum below regarding the quantum of compensation. It is further to be noted that the appellant/complainant was also awarded cost of Rs.2000/- by the Forum below with a further direction to pay interest at the rate of 12% from the date of default. In fact awarding of interest over and above the compensation is an unwarranted one. Anyhow the opposite party has not preferred any appeal from the order passed by the Forum below. So this Commission is not interested in interfering with the impugned order passed by the Forum below. Thus in all respects the present appeal is devoid of merits and deserves dismissal at the admission state itself.

In the result the appeal is dismissed at the admission stage. No order as to costs.

VL.

......................SMT.VALSALA SARNGADHARAN
......................SRI.M.K.ABDULLA SONA
......................SRI.M.V.VISWANATHAN