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NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
Air Vice Marshal J. RAJENDRA, AVSM VSM (Retd.), MEMBER, HON’BLE MR. SUBHASH CHANDRA, PRESIDING MEMBER
M/s. Dalmia Bharat Sugar & Industries Limited – Appellant
Versus
Central Bank of India – Respondent
| Table of Content |
|---|
| 1. consumer complaints against banks for performance guarantees. (Para 1 , 2 , 3) |
| 2. arguments on maintainability and locus standi. (Para 4 , 5 , 7 , 8) |
| 3. court's observations on guarantee lapsed, contractual non-compliance. (Para 9 , 10 , 11 , 12 , 16) |
| 4. final dismissal of complaints without costs. (Para 19 , 22) |
JUDGMENT
Air Vice Marshal J. RAJENDRA, AVSM VSM (Retd.), MEMBER
1. The present Consumer Complaints have been filed under Section 21 of the Consumer Protection Act, 1986 (for short “the Act”) by M/s. Dalmia Bharat Sugar & Industries Limited against Central Bank of India. Since the facts and questions of law involved in both complaints are substantially similar, these are being disposed of by this common Order. For ease of reference, Consumer Complaint No. 46 of 2012 is being considered as the lead case, and the facts outlined below are derived therefrom.
2. The Complainant in Consumer Complaint No. 46/2012 has sought the following relief:
“a) pass an order directing the Opposite Party to pay to the Complainant a sum of Rs.3,95,71,930/- (Rupees Three crores Ninety-five Lacs Seventy-one Thousand Nine hundred thirty only) towards compensation for damage/loss suffe
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