P C JANARDHANAN Vs. MANAGER INDIAN BANK

JUDGEMENT

(1.) This appeal is directed against the order passed by the District Forum, Thiruvananthapuram, in OP. No.424/94. The complainant is the appellant.

(2.) Shortly stated, the allegations in the complaint are as follows : the complainant is running a small tea shop at Anappara Junction. On 28.12.1993 he took a Demand Draft for Rs.50,000/- from the Indian Bank, Vithura Branch in the name of Jayakumar who is the brother of the complainant. The said draft was payable at all branches in Bombay. The draft was taken for the purpose of an employment for his son at Riyadh. As per the conditions of the Visa Agency at Bombay the complainant's son ought to have reached Riyadh on or before the 15th of January 1994. The complainant took the demand draft to Bombay and handed over the draft to his brother at Bombay who gave the demand draft to the Central Bank of India, Bombay for collection. But it was not encashed and the reason stated was the Code number and the name of the issuing branch were not mentioned in the D. D. The complainant therefore alleged that he could not encash the D. D. due to the negligence of the opposite party. On a perusal of the draft issued by the first opposite party it was seen that the Code number and the name of the issuing branch were not written on the D. D. and so the payable Bank returned the same. The complainant's son lost his job and the complainant suffered mental agony and suffering.

(3.) The first opposite party filed a version admitting that there was omission in mentioning the Code number and name of the issuing branch. But it was not a serious omission. It was also contended the Bank which is to encash was not made a party and therefore the complaint is bad for non-joinder of necessary parties.