BEFORE THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION AT PUDUCHERRY Dated this the 26^th day of February 2025 FIRST APPEAL No.07/2024 Siva Raj.D, S/o.Dhanaraj, Presently residing at No.89, 3^rd Cross Street, S.S.Nagar, Uruvaiyar, Villianur, Puducherry-605 110.

Earlier residing at No.74, Nanamedu Street, Pooranankupam Post, Thavalakuppam, Puducherry-605 007.

... Appellant/Complainant Vs

1. DTDC Courier & Cargo Limited, (now renamed as DTDC Express Limited)

Bangalore, a registered company represented By its Managing Director, Having its Registered Office at DTDC House, No.3, Victoria Road, Bangalore-560 047.

2. . DTDC Courier & Cargo Limited, (now renamed as DTDC Express Limited)

Puducherry, rep.by its Authorised Signatory Having its Franchise Office at Pudcuherry No.241, Maraimalai Adigal Salai, Orleanpet, Puducherry-605 005.

3. Indian Bank, Mudaliarpet Branch, Rep. by its Manager, No.69/70, Cuddalore Road, Mudaliarpet, Puducherry.

4. Indian Bank, Jaya Nagar Branch, Rep. by its Manager, No.72, 1st Floor, 27th Cross, 8th C Main Jaya Nagar, 4th Block, Bangalore-560 001.

… Respondents/Opposite parties (On appeal against the order passed by the District Consumer Disputes Redressal Commission, Puducherry in CC No.04/2013 dated 06.10.2023)

CC No. 04/2013 Sivaraj.D, S/o.Dhanaraj, No.74, Nanamedu Street, Pooranankupam Post, Thavalakuppam, Puducherry-605 007.

…. Complainant Vs.

1. DTDC Courier & Cargo Limited, Bangalore, Rep. by its Managing Director, Having its Registered Office at DTDC House, No.3, Victoria Road, Bangalore-560 047.

2. DTDC Courier & Cargo Limited, Puducherry rep.by its Authorised Signatory No.241, Maraimalai Adigal Salai, Orleanpet, Puducherry-605 005.

3. Indian Bank, Mudaliarpet Branch, Rep. by its Manager, No.69/70, Cuddalore Road, Mudaliarpet, Puducherry.

4. Indian Bank, Jaya Nagar Branch, Rep. by its Manager, No.72, 1st Floor, 27th Cross, 8th C Main Jaya Nagar, 4th Block, Bangalore-560 001.

….. Opposite Parties BEFORE:

DR.S.SUNDARAVADIVELU, PRESIDING MEMBER TMT.S. OUMASANGUERY, MEMBER FOR THE APPELLANT Thiru.S.Vimal, Advocate FOR THE RESPONDENTS:

No representation

O R D E R

(By Tmt.S.OUMASANGUERY, Member)

This appeal has been filed by the appellant/Complainant (herein after called as Complainant) as against the Respondents / Opposite parties (herein after called as OP's) under Sec. 41/r/w sec (1) (a) (iii) and (b) of Consumer Protection Act of 2019. The complainant has filed this appeal against the orders dated 06.10.2023 passed by the District Commission Puducherry.

Gist of the Complainant's Case:

2. The Complainant arranged for payment of a sum of Rs.1,50,000/- (Rupees One Lakh Fifty Thousand only) to his brother, residing at Bangalore through cheque No. 699302 dated 25.06.2012 drawn at Indian Bank, Mudaliarpet Branch, Puducherry the 3^rd Opposite Party herein and dispatched through the courier services of the opposite party No.2, a franchisee of the Opposite Party No.1, on payment of Rs.20/- vide consignment note .C4472713. Even after a lapse of several days the consignment did not reach the destination that is the complainant's brother. On repeated enquires by the complainant and his brother, with the OP1 and OP2,the complainant were informed that one of their employee by name Rohit had stolen the consignment containing the cheque, and had encashed the cheque and transferred the money to his account in Indian Bank, Account No 839448744, Jaya Nagar Branch, Bangalore. The complainant then approached a Consumer welfare organization – CONFET at Cuddalore and the notice dated 11.07.2012 was issued on behalf of the complainant. The OP1 through its advocate notice dated 26.07.2017, admitted that the consignment was lost during the transit and has raised a complaint before Madivala Police Station, Bangalore. But denied the jurisdiction of the Consumer Commission and denied their liability. The complainant approached the OP3 and on request was rendered with scanned copy of the cheque by OP3 wherein it was found the payee's name was scored of