ARULMIGU DHANDAYUTHAPANISWAMY THIRUKOIL Vs. M MAHALINGAM

JUDGEMENT

(1.) There is no representation for the respondents. Three Demand Drafts for a total sum of Rs.22,00,000/- were sent through the opposite parties 1 to 3 for investment with the fourth opposite party. The opposite parties 1 to 3 did not deliver it in time with the result that the complainant which is the temple lost valuable interest. Therefore, the present complaint has been filed.

(2.) The lower Forum has committed a mistake in holding that the liability is limited to only a sum of Rs.100/-. The opposite parties 1 to 3 have not chosen to produce the original consignment note. On the other hand, the xerox copy of the note issued by the opposite parties 1-3 for the consignment is marked as Ex. C2, from which we find that it does not contain signature of the complainant. Therefore, it follows that there is no contract between the parties restricting liability to Rs.100/-. The opposite parties 1 to 3 have also not produced the terms and conditions. There is nothing to show in this case on hand that the liability is limited only to Rs.100/- and on that understanding and on that strength of such conditions the cover was accepted by the opposite parties 1 to 3 for delivery to the 4th opposite party. Therefore, in the absence of such materials, it follows that the complainant is entitled to the amount as claimed especially when it is admitted that there was a delay on the part of the opposite parties 1 to 3 in delivering the cover. Therefore, it is a clear case of deficiency in service. The lower Forum has granted Rs.10,000/- as compensation for mental agony. The claim cannot be sustained because the complainant is a temple. Therefore, the question of mental agony does not arise. However, we hold that the complainant will be entitled to recover the loss of interest for the period on the sum of Rs.22,00,000/-, since it could not be invested in time owing to the delay caused by the opposite parties 1 to 3 in delivering the said letter containing the demand drafts for the said amount. Therefore, the appeal is allowed. The order of the lower Forum is modified. There will be a direction to the opposite parties 1 to 3 to pay a sum of Rs.34,127/- being the loss of interest suffered by the complainant by reason of the delay caused by the opposite parties 1 to 3 along with the cost of Rs.1,000/-. Time for compliance : Two months.