P K MALAICHAMY Vs. BANK OF MADURAI LTD

JUDGEMENT

(1.) The appeal is against the order of the District Consumer Disputes Redressal Forum, Madurai, dated 4.5.93 in O. P. No.268/92. The Complainant is the Appellant.

(2.) The Complainant borrowed Rs.3,26,000/- from the Opposite Party No.1 for the purpose of purchasing Cows. The Purchasing Committee of the 2nd Opposite Party purchased 58 Cows and delivered them to the Complainant in various stages. All these animals were insured with the 3rd Opposite Party by the Bank. As misfortune would have it, all these 58 Cows died. The case of the complainant is that the Bank and the 3rd Opposite Party have fixed a low value and the Bank has received the valued sum as compensation. He has, therefore, filed this complaint for various reliefs against all the Opposite Parties.

(3.) The Opposite Parties 1 and 2 inter alia contended that the Bank has already filed a suit in the Court of Subordinate Judge, Madurai in O. S. No.672/91 claiming a sum of Rs.3,34,976.45 and the complaint filed subsequent it not maintainable. The Insurance Company contended that the claim has been settled.