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2015 Supreme(Ker) 653

A.HARIPRASAD
E. M. GIREESH BABU – Appellant
Versus
VENU K. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SRI. MOHANAN V.T.K.
For the Respondents: SRI. K. RAKESH ROSHAN, SMT. THUSHARA. V., SRI. N. MANOJ KUMAR, SMT. JAYASREE MANOJ, SRI. R. SUDHISH, SMT. M. MANJU

JUDGMENT :

Appellant is the plaintiff in a suit for realisation of money said to have been borrowed by the first defendant. It is contended that the first defendant borrowed an amount of Rs.30,000/- on 28.05.2001 from the plaintiff. On the same day, he executed and issued a post dated cheque in discharge of that liability, promising to make payment through the said cheque. Plaintiff presented the cheque for collection before the second defendant Co-operative Bank. The second defendant in turn forwarded the cheque to the third defendant, the District Co-operative Bank. It is an admitted case that the cheque was lost while it was in the custody of the third defendant. The plaintiff, therefore, approached the Consumer Disputes Redressal Forum, Kozhikode under the provisions of the Consumer Protection Act, 1986 (in short, “Act of 1986”) claiming the cheque amount with interest. The District Forum allowed the claim of the plaintiff, against which the second defendant filed an appeal before the Consumer Disputes Redressal State Commission under the said Act. During the pendency of appeal, the third defendant was impleaded in the proceedings. After considering the entire facts and circumst




















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