Case: Vijaya Bank Overseas Branch Vs DMI India Pvt. Ltd.. West Bengal State Consumer Disputes Redressal Commission

JudgesP.K. Chattopadhyay and S. Coari, Members
IssueConsumer Laws
Judgement DateFebruary 10, 2010
CourtWest Bengal State Consumer Disputes Redressal Commission

Order:

P.K. Chattopadhyay, Member, (West Bengal)

  1. This Appeal arose out of judgement and order dt. 20.6.08 in DCDRF, Calcutta Unit-I in CDF-1/Case No. 177/2005 where the Complainant, M/s. DMI India (Pvt.) Ltd. filed the complaint against OP, Vijaya Bank, Overseas Branch, alleging deficiency of services in regard to banking operation, praying for directions on the OP to pay Rs. 1,48,212/- being the amount wrongly debited from Complainant's current account and for payment of an amount of Rs. 3,00,000/- towards compensation and also for cost and other orders as deemed fit.

  2. Complainant's case was that it received an export order for jeans trousers and received a cheque for US $ 3100 on 20.2.03 and sent the same for encashment/collection to the OP/Bank prior to undertaking actual shipment. By a letter dt. 19.3.03 the OP intimated the complainant that the said cheque was encashed and accordingly proceeds thereof were credited to the current account of the complainant. Accordingly, the complainant obtained Foreign Inward Remittance Certificate from the OP and thereafter the complainant commenced shipping of the export items as were ordered. On 9.4.03 the complainant submitted export documents against the said cheque proceeds to the OP along with original FIRC with G.R. Form duly filled in before the Reserve Bank of India, when suddenly the OP intimated the complainant by letter dt. 29.4.03 about return of the given cheque. The OP then debited an amount of Rs. 1,48,212 being equivalent to US $ 3100 plus cheque return charge of US $ 15 against the complainant's current account without intimation to the complainant. Alleging this act of the OP of wrongful debit from the complainant's current account as deficiency of service, the complaint case was filed, further alleging negligence and wrongdoing when directions were sought for payment of Rs. 1,48,212 with for Rs. 3,00,000/- and cost.

  3. The OP namely Vijaya Bank, Overseas Branch, Kolkata-17, entered appearance and contended inter alia that the complaint was barred by law and the complainant did not come within the definition of 'Consumer' Under Section 2(d) of the Consumer Protection Act, 1986, as amended, when it regularly obtained banking service from the OP for commercial purpose. Stating that the case involved elaborate evidence and cross-examination of witness the OP wanted the same to be filed before Civil Court, as the same could not be properly adjudicated before a Consumer Forum. Referring to fact of the case, it was submitted that the given cheque placed for collection...

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