BEFORE THE A.P.STATE CONSUMER DISPUTES REDRESSAL COMMISSION

HYDERABAD.

C.D.No.29 OF 2005

Between:

Sri Vijaya Lakshmi Drillers,

Rep. by its Prop.B.V.Kumar,

S/o.Papaiah, aged about 48 years,

R/o.103, Lakshmi Arcade,

Margadarsi Colony,

Hyderabad-035        .                                                           ..Complainant

            And

The Branch Manager,

Bank of India,

Dilsukhnagar branch,

Hyderabad.                                                                                       ..Opposite Party

Counsel for the Complainant: Mr.T.Someswer Rao.

Counsel for the Opposite Party:Admission Stage.

CORAM:SMT.M.SHREESHA, MEMBER.

AND

SRI P.JAGANNADHAM NAIDU, MEMBER.

MONDAY, THE TWENTY SIXTH DAY OF SEPTEMBER,

TWO THOUSAND FIVE

Oral Order:(Per Smt.M.Shreesha, Hon’ble Member).

***

This is a complaint filed by the complainant stating that they have dispatched drilling machines with required accessories based on the purchase order placed by M/s.Zambezi Drilling & Exploration Ltd., who agreed to release the bills and shipping documents which were sent by the complainant through bank. The complainant deposited the bills and documents with the opposite party bank and requested its Manager to send the collection of bills for realization by M/s.Zambezi Drilling & Exploration Ltd.  The complainant further submitted that the complainant requested through letter dated 26-6-2003 specifically that the documents shall be handed over only after payment of the entire bill amount against the bill raised on M/s.Zambezi Drilling & Exploration Ltd and also clarified that the entire transaction would be carried out through opposite party only.  The opposite party has taken initiative in sending the bills and documents to their Head Office situated at Khairatabad Branch.  After a gap of 4 months, the Chief Manager, Bank of India, Khairatabad branch wrote a letter to the opposite party that the bills for USD 90,000 were sent for collection in the month of July 03^rd  itself,  and was falling due for payment on 11^th November, 2003.  The Bank of India, Khairatabad Branch further stated that they got information from drawee M/s.Zambezi Drilling & Exploration Ltd, Lusaka, Zambia through Overseas Collection Bank, Investment Bank Ltd., Lusaka, Zambia seeking an extension of time by two months for arrangement of bill amount through a letter dated 16-7-2003 and the due date was 11-11-2003 and on 6-11-2003.  The Bank of India, Khairatabad Branch forwarded some information to the opposite party and basing on the above discussions held between both the Managers, opposite party conveyed the same to the complainant.

It is submitted that a copy of the letter dt.5-11-2003 from M/s.Zambezi Drilling & Exploration Ltd. received by the Managing Director Investment Bank Ltd., has been placed before the complainant, and the complainant came to know that the M/s.Zambezi Drilling & Exploration Ltd. released the documents and paid an amount of Rs.40,000 US Dollars and they would feel responsible in repayment of the balance amount of 50,000 US Dollars in 2-3 months because of UNICEF payment were yet to be released.  It is the contention of the complainant that without payment of entire bill amount, the documents were released and the consignment utilized by M/s.Zambezi Drilling & Exploration Ltd. for which there was co-operation from Bank of India, Khairatabad without which the release of documents would not be possible.  The complainant further submitted that the action taken by the opposite party bank is purely unilateral and there is no part at all from the side of the complainant.  There is lot of correspondence between the complainant and the opposite party and the statement dated  7-2-2005  given by the opposite party clearly shows the details of the transaction.  The complainant submits that it is only because of the deficiency of service of the opposite party that he was made to suffer so much of mental agony and sought direction to the opposite party to pay the entire 40,000 US Dollars as per the invoice and Rs.10,00,000/- towards compensation and costs.

On perusal of the material on record and the pleadings put forward by the counsel for the complainant, we are of the considered opinion that this Consumer Dispute falls within the pecuniary jurisdiction of the District Forum and we direct the office to return the entire material papers including the court fee to the complainant.  The complainant is directed to approach the appropriate District Forum which shall take into consideration the merits and decide the matter.

In the result the complaint is accordingly disposed of. No order as to costs.

                                                            LADY MEMBER.     MALE MEMBER.

JM                                                                                           Dt. 26-9-2005   

//APPENDIX OF EVIDENCE//

Witnesses examined for

Complainant:                                                                                   Opposite Party:

     -Nil-                                                                                                            -Nil-

Exhibits marked on behalf of the complainant:

-NIL-

Exhibits marked on behalf of the Opposite Party:

                                    -NIL-

LADY MEMBER.     MALE MEMBER.

JM                                                                                           Dt. 26-9-2005