MANAGING DIRECTOR DHARMAPURI DISTRICT CO OPERATIVE MILK PRODUCERS UNION LTD Vs. SPECIAL OFFICER/JOINT REGISTRAR

JUDGEMENT

(1.) This appeal has been filed against the order dated 05.05.2011 passed by the Tamil Nadu State Consumer Disputes Redressal Commission, Chennai (in short, 'the State Commission') in C.C. No. 2/2005 - The Managing Director, Dharmapuri District Co -op. Milk Producers Union Ltd. Vs. The Special Officer/Joint Registrar, Dharmapuri District Central Co -op. Bank Ltd. & Ors. by which complaint was dismissed.

(2.) BRIEF facts of the case are that the appellant maintained Bank Account with the respondents no. 3 and 4 and gave directions to transfer funds from one account to another account. The respondents failed to transfer items from serial no. 1 to 8 for the period from 2.4.1997 to 29.11.1999 totalling Rs.67,50,000/ - and this lapse was found out while doing reconciliation for annual audit. On 19.5.2001, the appellant asked the respondents to credit the amount and pay interest but the respondents only credited the amount and refused to pay interest. Hence, complaint was filed for claim of Rs.30,55,364.38 as interest on account of deficiency of service on the part of the respondents. Learned State Commission after hearing both the parties dismissed the complaint on the ground that the complaint was barred by limitation and further held that the complainant failed to establish deficiency of service on the part of the respondents.

(3.) HEARD learned Counsel for the appellant and perused record.