MANAGER, CITI BANK Vs. B D R PRODUCTS (INDIA) PVT LTD

JUDGEMENT

(1.) THIS is an appeal under section 15 r.w. 17 of the Consumer Protection Act 1986 (in short the Act) against the order dt. 03.08.2009 passed by the District Forum, New Delhi, Barracks Kasturba Gandhi Marg, in Complaint Case No. 561/2008 M/s B.D.R. Products Pvt. Ltd. V/s Citybank, N.A. and proceedings in Execution Petition No. 497/2009 filed pursuant to the said order by the decree holder/complainant.

(2.) RELEVANT facts upto the stage of filing of the appeal are described below.

(3.) COMPLAINANT /respondent opened a current account bearing No. 04337145225 with the OP on 25.08.2001. The complainant/respondent duly gave standing instructions to the appellant/OP City Bank to issue FIRC whenever OP got the payment. The complainant earlier faced problems several times as and when they got foreign exchange payment. The complainant/respondent was an export firm and exported their goods mostly through air shipment and they never got FIRC from the OP and OP never accepted the original documents without having FIRC with set of exports documents to send to customers. In many cases of Air Shipments, the complainant's customers faced problems, because there was heavy demurrage every day on Air Shipments as a result of which most of the customers of complainant stopped buying goods from the complainant due to negligence on the part of the OP.