THE CONSUMER DISPUTES REDRESSAL FORUM, KOZHIKODE.

                                                                                                                   C.C.199/2011

                                                                                     Dated this the 22^nd day of September 2014.

            ( Present:  Sri. G. Yadunadhan, B.A., LLB.                            :  President)                      

                             Sri. L. Jyothikumar, B.A., LLB.                              :  Member

                             Smt.Beena Joseph, M.A                                       : Member

                                                                                                                                    ORDER

By G.Yadunadhan, President:

        The case of the Complainant is that complainant was an Import – Export license holder during the course of business.  Complainant had received  a cheque from foreign country for mobile set, after clearance of  the cheque complainant force to send the item to the concerned party.  Opposite party submitted the cheque to opposite party No.1 and first opposite party send the cheque through second opposite party.  But so far not cleared. Opposite party has not in a position to say sufficient reason.  This is a clear deficiency of service, therefore complainant seeking relief against  the opposite party No.1 & 2 directing them to pay Rs.50,000/- as compensation.

            Opposite party after serving notice entered in appearance and filed their version stating that complainant was assembling mobile hand set from India and selling the same to abroad and during the course of his business he had received two cheques from two firms at Uganda in  East Africa for USD5500and 16400.  The same had been presented before the first opposite party on 11.03.2011 and according to the complainant till 20.04.2011 he did not receive payment of the same, necessitating him to get the same back and present it  before the Punjab National Bank.  The cheque presented by the complainant had been scrutinized by the opposite parties and on verification it was noticed that the complainant had omitted to attach the original trade bills. The cheque was not returned to him at the first instance and thereafter he again presented the same without the bills  saying that other banks did not require such elaborate procedures. There is no merit in this complaint, complaint is liable to be dismissed.

Points for consideration

1. Whether any deficiency of service on the part of opposite party No.1 & 2?
2. Whether complainant is entitled to get any compensation from the opposite party No.1 & 2? If so what is the relief and cost?

     The case was filed on 23.05.2011, version filed on 21.12.12. from there onwards complainant was not appearing personally before this Fora , or not filed affidavit. After receiving the version from opposite party complainant was not interested to proceed with this case.  Since in the year 2012 onwards Fora waiting for affidavit or oral evidence.  But he was not turned up.  Therefore without any evidence or  presence of the complainant  Fora has not in a position to proceed the case.  On perusal of complaint itself no merit in this complaint, therefore complaint is liable to be dismissed.

Pronounced in the open court this the 22^nd   day of September 2014.

Date of filing:23.05.2011.

                                                            SD/-PRESIDENT                       SD/-MEMBER                            SD/- MEMBER

//True copy//

                                                                                                             (Forwarded/By Order)

                                                                                                           SENIOR SUPERINTENDENT