Orissa

Rayagada

CC/484/2015

M/S Laxmi Ceramics - Complainant(s)

Versus

The Branch Manager, SBI, Rayagada - Opp.Party(s)

Self

24 Dec 2016

ORDER

DISTRICT   CONSUMER  DISPUTES REDRESSAL    FORUM, RAYAGADA

                          

                                              C.C. Case  No.484/ 2015.

                                                                       

 P R E S E N T .

Sri Pradeep Kumar Dash, LL.B,                             President.

Sri Gadadhara Sahu, B.Sc.                                    Member.

M/s Laxmi Ceramics, Prop.Smt. A.Padmavathi, W/o late Sri A.Naga Bhusan Rao, represented by Sri A.Kiran Kumar, S/o late Sri A.Naga Bhusan Rao, Andhra Bank Road, Po/Ps/Dist. Rayagada.

                                                                                                                     …….Complainant

                                                            Vrs.

Branch Manager, State Bank of India,(ADB)Po/Ps/Dist. Rayagada,765001.                                                                                                            …..Opp.Parties

Counsel for the parties:

For the complainant: Self

For the O.P :  Sri N.N.Panda & Associate Advocate, Rayagada.

                                                                 JUDGMENT

The case of the complainant is that the  one of the customer of the complainant  Sri Akhil Gangureddi(NRI)  has purchased tiles and other building material from their shop  for an amount of Rs.10,00,000/-  and  he has  given his  credit card(International American Express)  along with pin number on 29.10.2015  and the complainant has CC Account No.10734962084  in the OP branch .  In spite of  repeated approaches and requests till date the complainant could not encash the said amount  from  OP  branch for which the complainant suffered great loss  and it is due the negligence  of OP Bank . Hence prayed  to do justice in favour of the complainant.  Hence, this complaint.

 Being  noticed, the O.p. Bank appeared  through their counsel and filed written version  stating therein that the  complainant has  cash credit account with the Opposite party and as per the term and condition the complainant has to do business and  deposit  his cash in the branch of the OP  and do his transactions as per his need  in Indian currency only and the Opposite party has no relation with the business transaction with the complainant’s customer and the OP is no way  connection with the complainant’s customer  and his business and Sri Akhil Gangureddy has no relation with the Opp.Party. The Opposite party is not dealing with any foreign currency. So there is no negligence  and the question of mental tension and agony does not arise for  this transaction and the OP is not liable to pay any compensation for any mental agony/damages or deficiency in service and hence prayed to  drop the case with heavy cost.

                                           F I N D I N G S

Heard and perused the complaint petition and documents  filed by the complainant  and we accept the grievance of the complainant. It is the case of  the complainant that the complainant is the customer of the OP. The complainant has cash credit business with the OP and the complainant  has an account  in the branch of the OP. One of the NRI customer of the complainant has given his credit card along with international  Pin number to  encash the amount but till date  after several approaches the Ops not allowed the complainant for which he suffered lot.

The learned counsel for the complainant submitted  that as per the instructions of the OP  to encash the amount from the OP Bank for the  International American Credit Card it is to obtain permission from the higher officers. As per the suggestion of the OP, the  complainant used it but after using the credit card no cash has been encashed.

On the other hand, the OP stated that the OP is not dealing with any foreign currency . So there is no negligence  in it.

Moreover, relying on the decision in case “ The State Bank of India Vars. Rosy Harkal Raphael 1996 (2) CP.B-97.99(St. C) Rajasthan” When the intention of the account holder was to open a foreign currency Non-Resident External  Accounts as  evident  from the covering letter mode, by sending  deposit in US dollar, the action of the bank to open Non-Residential External Account by covering US dollar into Indian rupees  on the ground of lack of clarity  in the instructions given by the account holder will amount to deficiency in banking service.”

In this case it is observed that without clear instructions the OP Bank has  refused the complainant  is amounts deficiency.

Accordingly, we rightly held and direct  the Ops with the clear instructions of the RBI and Head Office of the Bank to allow the complainant to encash the cash from the NRI Credit card  if he till now availing the credit card. Hence, it is ordered.

                                                  ORDER

In the result, the complaint petition is allowed on contest. We directed the Ops to allow  the complainant to encash from the NRI Credit Card as per the instructions of the higher Banking Authorities  if he is till now availing the card and pay Rs.2,000/- towards litigation and mental agony of the complainant. The parties are to bear their own cost.

Pronounced in open forum today on this 19^th   December,2016 under the seal and signature of this Forum.

A copy of this order be forwarded to the parties free of charge as per the statutory requirements.

 

 

 

Member                                                                                       President