M.THANIKACHALAM, J. - (1.) The opposite party is the appellant.
(2.) The respondent/complainant, who was holding a Proprietary Company called "Central Processor Global Inc. Slofter" availed the mercantile banking service, having Current Account in the opposite party bank. On 30.04.2004, maintaining the balance of Rs.40,372.63 to Rs.41,372.63 between 30.04.2004 to 07.05.2004, the complainant requested the bank to issue dollar draft, US Dollars 330 equivalent to Indian Rupee Rs.14,850/-. The bank instead of issuing dollar draft, refused to do the same, as if, there was insufficient funds or sufficient fund not available in the account of the complainant. When he maintained minimum balance of Rs.40,372.63 on 30.4.2004, in fact the complainant accepted the exchange rate and there was no disagreement between the Bank and the Company. Thus by the insufficient service and negligence committed by the Bank, the complainant lost valuable NRI client, thereby causing mental agony, loss of business etc., Thus repeating the allegations in several pages as well as informing that the matter taken to RBI as well as Ombudsman, a consumer complaint was filed, claiming a sum of Rs.2,25,000/- as compensation with interest.
(3.) The opposite party admitting that the complainant?s Company was having a Current Account in their Bank, resisted the case inter alia contending, that the claim is barred by limitation, that because of the disputed facts, Civil Court alone will have jurisdiction, that the transaction relates to commercial transaction and therefore, the Consumer Forum has no jurisdiction, that the complainant having already gone to the RBI as well as Ombudsman, is not entitled to agitate the same right, before the Consumer Forum, that the case filed by the complainant in his individual capacity, is not maintainable, that there was always dispute between the complainant and the opposite party, regarding the exchange rate, that on verification of the account, it came to light that the complainant had availed of the secured card product, for which, the balance in the account was held as lien and in this view, there was no sufficient clear and unencumbered available balance in the account and therefore decision to issue the draft was withdrawn, that since the opposite party has not committed any deficiency or negligence, no question of ordering any compensation, praying for the dismissal of the complaint.;