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STATE CONSUMER DISPUTES REDRESSAL COMMISSION, DELHI
S.A.Siddiqui, Member (Judicial) S.C.Jain, Member
The Manager, Citi Bank & Anr. —Appellants
versus
M/s B.D.R. Products (India) Pvt. Ltd., Through Its Director Sh. Neeraj Jain —Respondent
First Appeal No. 8 of 2010
(Arising out of the order dated 03.08.2009 passed in Complainant Case No. 561/2008 passed by District Forum Consumer Disputes Redressal Forum, Barracks Kasturba Gandhi Marg, New Delhi)
Decided on 3.12.2014
IMPORTANT POINT
Complainant is bound by terms and conditions applicable to current account opened with bank.
Headnote:Consumer Protection Act, 1986—Sections 15 and 17—Banking—Deficiency in service—Export—Complainant/respondent was bound by terms and conditions applicable to current account opened with bank—This fact was especially mentioned in account opening form duly signed by respondent and terms and conditions were delivered to respondent along with welcome kit sent by appellant—District Forum failed to comprehend that all credits to account under facility were previously and especially subject to final realisation under relevant clearing house regulation—On all instruments, return and credit risk will be assumed by customer— Execution proceedings were dismissed in fully satisfaction as District Forum decree stood fully satisfied—Impugned order needs modification in as much as amount of compensation of Rs. 2 Lac appears excessive—OP/appellant bank will pay sum of Rs. 1,84,000/- to complainant—OP/appellant bank will further pay a sum of Rs. 1 Lac as compensation and Rs. 20,000/- towards costs of litigation. (Paras 8, 9, 13 and 14)
Result: Order passed by District Forum modified.
S.A.Siddiqui, Member (Judicial)—This is an appeal under section 15 r.w. 17 of the Consumer Protection Act 1986 (in short the Act) against the order dt. 03.08.2009 passed by the District Forum, New Delhi, Barracks Kasturba Gandhi Marg, in Complaint Case No. 561/2008 M/s B.D.R. Products Pvt. Ltd. V/s City Bank, N.A. and proceedings in Execution Petition No. 497/2009 filed pursuant to the said order by the decree holder/complainant.
2. Relevant facts upto the stage of filing of the appeal are described below.
3. Complainant/respondent opened a current account bearing No. 04337145225 with the OP on 25.08.2001. The complainant/respondent duly gave standing instructions to the appellant/OP City Bank to issue FIRC whenever OP got the payment. The complainant earlier faced problems several times as and when they got foreign exchange payment. The complainant/respondent was an export firm and exported their goods mostly through air shipment and they never got FIRC from the OP and OP never accepted the original documents without having FIRC with set of exports documents to send to customers. In many cases of Air Shipments, the complainant’s customers faced problems, because there was heavy demurrage every day on Air Shipments as a result of which most of the customers of complainant stopped buying goods from the complainant due to negligence on the part of the OP.
4. On 06.09.2007, complainant/respondent deposited a cheque of USD 4600 with the OP-1 and complainant got a letter from OP dated 11.09.2007 that the said cheque will take 2-3 weeks for clearance. After one month the complainant checked for this payment but customer care officer of OP gave reply that no record for this was available with them. The complainant thereafter gave details of the letter dt. 11.09.2007 to the officer of the OP, who assured the complainant that she will check and arrange and call back to the complainant, but she failed to do so. The complainant again checked and found from the statement of the account that cheque has been cleared in Indian Currency for a sum of Rs. 1,84,000/-, which were duly credited in the account of the complainant. Thereafter the complainant sent the goods against the said advance payment of the customer. The OP also issued FIRC on 20.11.2007 in favour of the complainant, but to utter surprise of the complainant/respondent, the OP unjustifiably/illegally debited Rs. 1,84,000/- against the confirmation by the customer care manager and shown clearly in the statement of account, the return of the cheque, the amount of which was illegally debited because against the issuance of the said FIRC, the complainant had dispatched the goods of the said value. This fact came to the knowledge of the complainant when he was supplied the debit advice by OP wherein they had debited Rs. 1,84,000/- from the current account of the complainant. Therefore the complainant suffered a loss of Rs. 1,84,000/- due to the wrongful acts of the OP. Thus the complainant is entitled to reimbursement of the said amount of Rs. 1,84,000/- with interest, from the OP. Further by virtue of the said current account, the OP issued three credit cards bearing No. CITI Gold 4564070019038002 and 4054500010673008 in the name of the Sh. Neeraj Jain Director of the Complainant Bank and city cash back card No. 4550388663313000 in the name of Mrs. Deepa Jain another Director of the complainant bank. As regards the card No. 3000 the same was issued with the condition to get upto 5% cash back and so all expenses were being paid through this card but when OP-1 saw that customer is getting more cash back, the OP withdrew the said scheme without intimation to the holder of the card.
5. In the Bill of the card dt. 22.07.2002 and 22.08.2007 the OPs were paying 7 MTNL and 4RIM bills directly as per given standing instruction to the OP but in bill dt. 22.09.2007 and bill dt. 24.10.2007, the OP paid only 4 RIM and did not pay MTNL bills. The OP were instructed by the complainant to pay al
