Delay in repatriation of funds by the respondent bank constituted deficiency in service under the Consumer Protection Act, 1986, leading to the award of compensation to the appellant.

Mr. Justice J.D. Kapoor, President—Feeling dissatisfied with the amount of compensation of Rs. 50,000 awarded by the District Forum vide impugned order dated 2.3.2005 towards deficiency in service inasmuch as the funds were repatriated by the respondent bank late by 4 months, the appellant has directed this appeal. Appellant is a N.R.I.

2. Admittedly, the appellant had a talk with the respondent bank regarding repatriation of funds in May, 2001 and submitted a complete set of documents on 11.8.2001. However, the respondent bank changed and revised the list of documents time and again and every time the documents were required to be signed by the appellant who being NRI was living abroad. Along with documents submitted on 11.8.2001, two cheques amounting to Rs. 35 lacs were deposited. On requisition by the respondent, additional documents were submitted on 11.10.2001 which were retained by them for three long months. In our view if documents submitted by the appellant were deficient, the respondent should have returned the cheques by telling the appellant that cheques would be accepted as and when the documents were complete. Retention of this amount for such a long time was unauthorized. We have perused the impugned order and find that the respondent admitted that there was delay on its part and, therefore, the service provided by them in this regard were deficient.

3. Thus under the garb of asking the appellant to submit additional documents every now and then and not in one go but after a period of one month or two months amounts to deficiency in service as contemplated under Section 2(1)(g) of the Consumer Protection Act, 1986. Taking overall view of the matter and the delay caused in repatriation of funds, we do not find any inadequacy as to the amount of compensation awarded by the District Forum. However, we partly allow the appeal by awarding Rs. 10,000 towards cost of litigation. The aforesaid payments of Rs. 60,000 shall be made within one month.

4. A copy of this order, as per the statutory requirements be forwarded to the parties, free of charge and also to the concerned District Forum and thereafter the file be consigned to the record room.

Appeal partly allowed.