BANK OF MAHARASHTRA Vs. MD KHURSHIDUL HASSAN

JUDGEMENT

(1.) Aggrieved by the order dated 15.03.2016 in SC/25/O/2003 passed by the West Bengal State Consumer Disputes Redressal Commission (in short "the State Commission"), Bank of Maharashtra (hereinafter referred to as "the Bank") preferred this Appeal under Section 19 of the Consumer Protection, 1986 (in short "the Act"). By the impugned order, the State Commission has partly allowed the Complaint directing the Bank to pay an amount of Rs.83,492/-, Rs.10,41,634/- and Rs.1,99,565/- on and from 16.02.2001, 06.03.2001 and 30.04.2001 respectively with interest @ 9% p.a. from 06.02.2001, 06.03.2001 and 30.04.2001 respectively till the date of realisation after adjusting the amount which was deposited in compliance of the order dated 03.08.2005 of the National Commission. The Bank was also directed to pay Rs.5,00,000//- towards expenses incurred by the Complainant for visiting Australia and appointing a Solicitor and also a sum of Rs.10,00,000/- towards compensation for mental agony and harassment.

(2.) Briefly put, the facts in the instant case are that the Complainant, the sole proprietor of Calico India Exports, carrying on export business of diverse type of products including Coiled Paper Board and other materials, maintained an account with the Bank for purpose of transacting his export orders. It was averred that the Complainant shipped 3 consignments of goods to his foreign buyer M/s. Phone Book Covers with the following particulars:

(3.) All the relevant documents relating to the three shipments namely, invoices, Original Bill of Lading, Bills of Exchange and other necessary documents for the purpose of collection of proceeds from the foreign buyer through the buyer's Bank namely, Common Wealth Bank of Australia, Adelaide Street, Fremantle, Western Australia (hereinafter referred to as "the Foreign Bank"), were submitted by the Complainant. It was stated that the said Bills were to be collected after 30 days, 75 days and 30 days from the date of the first, second and third Bills of Lading respectively. The said three Bills were duly credited to the Complainants account by the Bank on 03.11.2000, 01.12.2000 and 20.12.2000 respectively. The credit vouchers were issued, which shows that the Bank deducted all the service charges and purchased the said Bills at a discount and credited the discount proceeds of said three Bills to account No. CA 761 of the Complainant.