ANITA GAS SERVICE Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) COMPLAINT was filed by the petitioner before the District Forum alleging that it is a dealer of Bharat Petroleum Corporation Limited (BPCL) for gas cylinders and was required to make payments by BPCL through Pay Order/Bank Draft. On behalf of the petitioner, Vasai Vikas Sahakari Bank purchased Pay Orders/Bank Drafts from the respondent/opposite party for the period from April 97 to July 98. The respondent issued Demand Drafts despite being asked to issue Pay Orders which attracted payment of lesser commission. It was further alleged that it was only on intervention of RBI that the respondent agreed to issue Pay Orders in favour of BPCL to Vasai Vikas Sahakari Bank on behalf of the petitioner. Direction was sought to be made against the respondent for paying difference in amount of Rs. 43,330/ - for the said period with interest @ 18% p.a. Complaint was dismissed by the District Forum by the order dated 30.07.2002 and appeal against District Forums order was also dismissed by the State Commission by the order dated 28.11.2006. As may be seen from the order dated 28.11.2006, the Commission was of the view that there was no privity of contract between the petitioner and the respondent Bank and it was not pointed out by the petitioner that there was breach of any instruction either issued by the Head Office of respondent/Bank or the RBI in issuing Demand Drafts by the respondent.

(2.) WE have heard Shri Sharma who has taken us through some of the documents including the letter dated 31.05.1999 sent by the RBI to the petitioner. Through this letter, RBI has conveyed to the petitioner that the respondent has now agreed to issue Bankers cheque instead of Demand Draft as desired by the petitioner. In our view, on the strength of this letter, the petitioner can not seek refund of the difference in amount of the commission charged for the previous period from April 97 to July 98. There is no legal infirmity in the order of State Commission calling for interference in revisional jurisdiction under Section 21(b) of Consumer Protection Act, 1986. Dismissed.