LAWS(NCD)-2017-3-31

BANK OF INDIA THROUGH ITS BRANCH MANAGER, CITY CENTRE BRANCH, SANGAM CINEMA BHAWAN, G.T. ROAD, AMRITSAR PUNJAB Vs. M/S. PUNJAB HIDE CO. & 2 ORS. THROUGH ITS PARTNER SH. ASHOK SACHDEVA, S/O. SH. JAGJIT SINGH, R/O. 663

Decided On March 15, 2017
Bank Of India Through Its Branch Manager, City Centre Branch, Sangam Cinema Bhawan, G.T. Road, Amritsar Punjab Appellant
V/S
M/S. Punjab Hide Co. And 2 Ors. Through Its Partner Sh. Ashok Sachdeva, S/O. Sh. Jagjit Singh, R/O. 663 Respondents

JUDGEMENT

(1.) These two first appeals have been filed under section 19 read with section 21(a)(ii) of the Consumer Protection Act, 1986 against the impugned order dated 27.10.2014, passed by the Punjab State Consumer Disputes Redressal Commission (hereinafter referred to as 'the State Commission') in Consumer Complaint No. 33/2008, by which the said complaint was allowed in favour of the complainant M/s Punjab Hide Company.

(2.) The complainant M/s Punjab Hide Company is stated to be a registered partnership firm, engaged in manufacturing and supply of wet glue and finished leather, having office at Amritsar, Punjab and branch office/works at Jalandhar, Punjab and Hapur (U.P.). The complainant is stated to have supplied certain goods to opposite party (OP) No. 3 M/s. Bawa Shoes Limited having their registered office at Goindwal Sahib and Corporate Office at Jalandhar. As a security for payment of the goods, the buyer M/s. Bawa Shoes Limited opened three irrevocable letters of credit in favour of the complainant with OP-1, Punjab & Sind Bank. Credit No. 21/76/03 for a sum of 8,50,000.00 was opened on 14.11.2003 with expiry on 10.12003. Credit No. 21/80/03 for a sum of 4,00,024.00 was opened on 25.11.2003 with expiry on 15.12003 and third, credit No. 21/82/03 for a sum of 10,00,787/- was also opened on 25.11.2003 with expiry on 15.12003. Under the heading "documents required" on these letters of credit, it has been stated as follows:-

(3.) Lorry receipt along with one copy evidencing goods consigned to Punjab & Sind Bank IBD, Jalandhar showing freight to pay.