CANARA BANK Vs. DHANA LAXMI TEXTILE INDUSTRIES

JUDGEMENT

(1.) Challenge in these Revision Petitions filed by the Petitioner/Opposite Party in the Complaint u/s 21(b) of the Consumer Protection Act, 1986 (for short, "the Act") is to the orders dtd. 27/10/2014, passed by the State Consumer Disputes Redressal Commission, Andhra Pradesh at Hyderabad (for short "the State Commission") in First Appeal Nos. 820 and 821 of 2013. By the impugned orders, the State Commission while affirming the Orders passed by the District Consumer Disputes Redressal Forum, Rajahmundry (for short, "the District Forum"), had dismissed the Appeals filed by the Petitioner.

(2.) Since, the facts and the question of law involved in these Revision Petitions are almost identical, we dispose of both the Revision Petitions with this Common Order. However, for the sake of convenience the facts have been taken from Revision Petition No. 449 of 2015.

(3.) The facts as narrated in the Complaint are that the Complainant, M/s. Dhana Laxmi Textile Industries was having its Manufacturing Unit at Rajahmundry for printing of Cotton Sarees, Cloth Banners, Election Materials etc. The Complainant was also maintaining a current Bank Account No. ODCC 23 with the Petitioner, Canara Bank (hereinafter to be referred to as "the Petitioner Bank") which was later on changed to Account No. 24572610023. One, M/s. Luxmi Traders Dehari, Onsone, State of Bihar placed an order upon the Complainant for supply of Cotton Sarees and requested the Complainant to send the Sarees through Bank and they would release the Sarees after paying the amount to the Bank. On 16/12/2008, Complainant booked 8 bundles of Cotton Sarees through M/s VRL Logistics Ltd. Under the Lorry Receipt (LR) No. 240150526 under Credit Bill No. 10/63 for Rs.1,49,520.00. On 24/12/2008, the Complainant handed over the L.R. No. 240150526 of M/s. VRL Logistics Ltd. along with Credit Bill and Covering Letter to the Petitioner Canara Bank for collection of an amount of Rs.1,49,520.00 from the Bank of India Dehari Onsone Branch, Rowthas District, State of Bhiar.