Dr. Subir Kumar Chaudhuri ,Member

Order No.   21    Dated  26-02-2013.

            The case of the complainant in short is that complainant no.1 is partnership firm having its office situated in the address mentioned in the cause title hereinabove and complainant no.2 is of the partners of the complainant no.1. O.ps. have one of its branches situated at the address mentioned in the cause title hereinabove wherefrom complainant no.1 was provided the banking service.

            Complainant states and submits that complainant hired banking service of o.ps. by way of bank guarantee for a consideration which has been paid to o.ps. in the form of bank guarantee charge. Complainant no.1 through complainant no.2 applied for two bank guarantees for an amount of Rs.13,75,000/- and Rs.10,46,000/-.

            Two bank guarantees were granted to the complainant no.1 by o.p. no.2 being bank guarantee nos.LG/48/05 and LG/49/05 respectively on 4.10.08 for a period of three years and both the bank guarantees covered from 16.12.06 to 15.12.08. O.p. no.2 debited from the account vide no.CA 90605 of the complainant no.1 as charge against the two bank guarantees from the complainant no.1 a sum of Rs.4,80,892/- on 17.12.05 an 27.12.05 in excess.

            Later on, complainant no.1 came to k now from the guidelines of the RBI that o.p. had charged excess amount towards the two bank guarantees.  On 6.11.08 complainant no.2 wrote a letter to o.p. no.1 with a prayer to refund the excess charge which was paid by complainant no.1 as asked by o.p. on account of the two bank guarantees and in reply to the letter of complainant no.2 dt.6.11.08 o.p. no.1 sent a regret letter dt.17.11.08 to complainant no.1 clearly stating that the matter will be taken up shortly by o.ps. and complainant no.1 will be informed the same.

            On 27.11.08 complainant no.2 wrote a letter to o.p. no.1 stating that o.p. no.2 transferred a sum of Rs.3,71,000/- to complainants’ CC Account in United Bank of India, Balurghat Branch bearing A/C No.300745 without the consent of complainant, but o.p. no.2 did not utter a word regarding the fact whether the amount transferred to the account of complainant included the accrued interest or not.

            Through a letter dt.15.12.08 o.ps. admitted the allegation made by complainant of excess charge of commission for two bank guarantees and refunded a sum of Rs.3,71,647/- in the account of complainant. O.ps. did not refund th e interest against the excess commission charged to complainant till Oct.2009. Complainant sent a demand notice through his ld. advocate on 4.11.09 with arequest to refund the interest part. Hence the case was filed by complainant with the prayer contained in the petition of complaint.

            Both o.ps. had entered their appearance in this case by filing w/v and denied all the material allegations labeled against them and prayed for dismissal of the case. Ld. lawyer of o.ps. in the course of argument submitted that the case has got no merit and the same is liable to be dismissed.

Decision with reasons:-

            We have gone through the pleadings of the parties, evidence and documents in particular and we find o.ps. charged excess commission charge for two bank guarantees of the complainant for Rs.3,71,647/-  without consent of the complainant and complainant made several reference, but did not get any fruitful result.

            In view of the above position and on perusal of the entire materials on record thoroughly we find that o.ps. had sufficient deficiency in service being service provider to its consumer / complainant and complainant is entitled to relief.

            Hence, ordered,

            That the case is allowed on contest with cost against the o.ps. O.ps. are jointly and/or severally directed to pay interest @ 10% p.a. of Rs.3,71,647/- (Rupees three lakhs seventy one thousand six hundred forty seven) only from 15.02.2008 till the date of deposit in the account of the complainant and are further directed to pay compensation of Rs.5000/- (Rupees five thousand) only for harassment and mental agony and litigation cost of Rs.2000/- (Rupees two thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 9% shall accrue over the entire sum due to the credit of the complainant till full realization.

            Complainant is at liberty to file execution case before this Forum in case of non execution of the aforesaid order in its entirety within the stipulated period under the provision of the COPRA, 1986.

            Supply certified copy of this order to the parties free of cost.