S P THENAPPAN Vs. INDIAN OVERSEAS BANK

JUDGEMENT

(1.) This appeal is directed against the order dated 6.5.1997 in O. P.609/1995 on the file of the District Consumer Disputes Redressal Forum, Chennai (South ). The appellant is the complainant while the respondents are the opposite parties.

(2.) The complainant is a private money lender. It appears, certain amount is due from the 2nd opposite party by name K. Chockalingam. The 2nd opposite party is having a Savings Bank Account No.13211 in Indian Overseas Bank at Manapparai. The 2nd opposite party, for the amount due to the complainant, appeared to have issued a cheque for Rs.55,000/- dated 19.1.1995. The cheque was presented for encashment by the complainant to his banker. The cheque so presented for encashment returned with the endorsement that the cheque was drawn on Eragudi Branch of Indian Overseas Bank wherein the 2nd opposite party was not having any account. The Indian Overseas Bank, Manapparai branch, wherein the 2nd opposite party is having his S. B. Account, it appears, was not having adequacy of stock of cheque books. Consequently, the cheque book pertaining to Eragudi Branch of Indian Overseas Bank, it appears, was supplied to the 2nd opposite party for utilisation after striking out Eragudi branch of Indian Overseas Bank and writing as Indian Overseas Bank, Manapparai. The 2nd opposite party, it appears, without making the necessary correction in the cheque leaf, appeared to have issued the cheque to the complainant. The complainant, in such a situation, contended that there was deficiency in service on the part of the 1st opposite party Indian Overseas Bank as well as the 2nd opposite party K. Chockalingam.

(3.) Alleging the factors as above, he knocked at the doors of the Forum below for certain reliefs as prayed for in the compaint.