KARISON & CO Vs. CENTRAL BANK OF INDIA

JUDGEMENT

(1.) THE complainant s case is that the importer from Germany sent a sum of DM 91,587/ - by telex transfer from Commerz Bank, Germany to Central Bank of India, Foreign Business, Calcutta Main Branch, Calcutta. It was received by the third opposite party on 13.11.1996. Since the complainant did not receive any payment from their client or any credit was made to their account with the 4th opposite party, they wrote several letters and ultimately the sum was credited in their account only on 5.12.1996. Thus, there is a delay of 23 days. On account of which the complainant has been put to loss. Further, on account of crediting of the amount on 5.12.1996 on the basis of the exchange rate then prevailing the complainant suffered a loss of Rs. 35,176/ -. Hence, the complainant laid the complaint alleging deficiency in service and claiming compensation.

(2.) THE opposite parties filed a common version. Their main contention is that there is no deficiency in service and that it is the mistake of the Commerz Bank, Germany in not following the procedure and in sending the money to the wrong Bank.

(3.) THE only point that arises for determination is : Whether there is deficiency in service as alleged?