ROY VINCI WADIA AND ORS. Vs. STANDARD CHARTERED BANK AND ORS.

JUDGEMENT

(1.) This appeal filed by the Appellants/original Complainants (hereinafter referred to as 'the Complainants' for the sake of brevity) is directed against an order dated 03/05/2014 passed by District Consumer Disputes Redressal Forum, South Mumbai dismissing Consumer Complaint No. 311 of 2011 and directing the Complainants to pay to each of the Respondents/original Opponents (hereinafter referred to as 'the Opponents' for the sake of brevity) costs quantified at Rs. 3,000/ -. Facts, which are material for deciding this appeal and about which there cannot be any dispute are as under: -

(2.) Complainants had an account with the Opponent No. 1/Bank. Bank received orders from Special Recovery Officer and issued pay order in sum of Rs. 3,44,114/ - to the Opponent No. 2/Society, as directed by recovery officer. Opponent No. 1/Bank did not inform the Complainants before debiting the account of the Complainants and remitting the amount to the Opponent No. 2/Society. Complainants, therefore, first issued a notice and then, followed it up by filing a consumer complaint.

(3.) Incidentally, recovery officer had issued a similar order to the State Bank of India, Worli Sea Face Branch as well, for recovery of Rs. 3,29,714/ - from the account of the Complainants. On receipt of this order, State Bank of India wrote to the Complainants on 12/07/2011 informing the Complainants that upon receipt of order of the recovery officer, they had frozen an amount of Rs. 3,29,714/ - from the account of the Complainants and would be remitting the fund after getting clearance from their law officer. Complainants hoped that the Opponent No. 1/Bank also should have followed similar course rather than directly debiting the amount and remitting it to the Opponent No. 2/Society.