INDIAN OVERSEAS BANK & 2 ORS. THROUGH ITS BRANCH MANAGER BRANCH OFFICE AT: HATHRAS ROAD, KAMLA NAGAR P.S. ETMADUDAULA AGRA Vs. M/S. B.S. AGRICULTURE INDUSTRIES (INDIA) THROUGH ITS PARTNER SH. NARENDRA SINGH SITUATED AT: 12/15AA, NAWALAGANG, P.S. ETMADUDAULA AGRA

JUDGEMENT

(1.) By this Revision Petition, under Sec. 21 of the Consumer Protection Act, 1986 (for short "the Act"), Indian Overseas Bank, Branch at Agra and its Regional Office as well as Chairman, Opposite Parties No. 1, 2 and 3 respectively in the Complaint under the Act, call in question the correctness and legality of the order dated 01.12.2010, passed by the Uttar Pradesh State Consumer Disputes Redressal Commission at Lucknow (for short "the State Commission") in First Appeal No. 501/2002. By the impugned order, the State Commission has dismissed the Appeal, preferred by the Petitioner Bank, for non-prosecution, as on the date when the matter was taken up, there was no representation on their behalf before it.

(2.) The Appeal had been preferred by the Petitioners against the order dated 002002, passed by the District Consumer Disputes Redressal Forum at Agra (for short "the District Forum") in Complaint Case No. 415 of 1997. By the said order, while returning a finding to the effect that there was deficiency in service on the part of the Branch concerned in wrongly withholding the FDRs, totalling Rs. 2,77,000.00, obtained by the Respondent/Complainant, the District Forum had allowed the Complaint and directed the Petitioners herein to jointly and severally return the said amount with interest accrued thereon to the Complainant, besides paying a sum of Rs. 4,000.00 as compensation, within a period of 45 days from the date of the said order, with a default stipulation of interest @ 12% p.a. on the said amount.

(3.) The Complainant, a manufacturer of Diesel Engine Pump Sets and Generators, had a Cash Credit (CC) Limit of Rs. 25,00,000.00 with Opposite Party No.1. The Complainant requested the Petitioners for increasing the said limit. However, the Petitioners refused to do so, and accordingly, by clearing their all dues, amounting to Rs. 26,35,958.40, on 30.10.1996, the Complainant shifted its dealing to another Bank, namely, Canara Bank. It was alleged by the Complainant that the Petitioners wrongly debited a sum of 21,200.50 in his CC account, on the ground that payment of travelers cheques worth Rs. 3,938.50, purchased on 12.10.1989, together with overdue interest, was not made. Subsequently, the Petitioners also debited a sum of Rs. 1,89,255.00 in the account of the Complainant on the ground that the payment of dishonoured cheque, amounting to Rs. 45,000.00, and the overdue interest of Rs. 1,44,255.00, was not made by the Complainant. As per the Complainant, the said cheque was not returned to him by the Petitioner Bank. In order to recover the said amounts, the Petitioners withheld the aforesaid FDRs of the Complainant in the sum of Rs. 2,77,000.00. After getting a legal notice issued to the Petitioners on 001997, but with no response, the afore-noted Complaint came to be filed by the Complainant before the District Forum. The Complainant had prayed for a direction to the Petitioners to pay to him a total amount of Rs. 2,85,220.00, which also included the amount of FDRs, on different counts.