S.ASHOK KUMAR Vs. ANDHRA BANK

JUDGEMENT

(1.) APPELLANT is unsuccessful complainant.

(2.) THE case of the complainant in brief is that he had an account in R 1 Andhra Bank, Bantumilli. He presented three cheques dated 15.11.2000 for Rs. 15,000, dated 5.11.2000 for Rs. 20,000 and dated 20.10.2000 for Rs. 20,000 issued by Ramkashyap Chit Funds, Machilipatnam for realization of amount, and crediting into his account. When contacted the said bank informed that it had sent the cheques for collection. When it did not inform, he issued registered notice, however, they did neither give reply nor realized the amount under the cheques, and therefore he was entitled to an amount of Rs. 55,000 together with compensation of Rs. 20,000, interest and costs.

(3.) R 1 bank resisted the case. While admitting that the complainant was having an account with it, and that he presented the cheques in question, it alleged that in turn, it had sent the cheques to Andhra Bank, Pattabhi Road Branch, Machilipatnam for collection through R2 ANL Parcel and Courier Service. Later ANL Parcel and Courier Service informed that the cheques were lost in transit. The said fact was informed to the complainant In fact the complainant had undertaken to obtain duplicate cheques from Ramkashyap Chit Funds. Instead of taking steps to obtain duplicate cheques from Ramkashyap Chit Funds, he unnecessarily filed this complaint. M/s. Ramkashyap Chit Funds and ANL Parcel and Courier Service are necessary parties and therefore it prayed for dismissal of the complaint with costs.