Ludhiana, July 23
The District Consumer Disputes Redressal Forum has directed Punjab National Bank to refund Rs 2.7 lakh, along with interest due since the amount was lying deposited as FDR, to Mr Parshotam Lal, proprietor of M/s Puja Hosiery, Tilak Nagar.
According to the complaint, the consumer had sent a consignment which was detained by the Excise and Taxation officer (Mobile Wing), Chandigarh, on November 10, 2000. The goods were sent on November 9, 2000.
The consumer said the government department had asked for a bank guarantee for the release of the goods, as such the complainant got the bank guarantee issued from the respondent for an amount of Rs 2.7 lakh. The guarantee was given on the deposit of the said amount and its copy was given to the Assistant Excise and Taxation Commissioner, Chandigarh.
On February 23, 2001, the bank guarantee became infructuous and he applied for the release of the said amount. He alleged that despite approaching the bank officials many times, the amount was not released. He alleged that there was deficiency in services on the part of the bank.
The bank pleaded that the complaint was not maintainable as the Assistant Excise and Taxation Commissioner, Mobile Wing, Punjab, had written a letter on March 21, 2001, mentioning that the guarantee could not be encashed as the Punjab and Haryana High Court had granted a stay in the case.
It was further mentioned in the letter that the court had finally disposed of the case and did not give any relief to the party and as such the bank requested the complainant to encash the bank guarantee. It further clarified that the bank had written a letter to the beneficiary, to send a copy of the order and in such circumstances the bank could not part with the money.
The respondent further stated that since the Assistant Excise and Taxation Commissioner, Chandigarh, was a necessary party to the proceedings, on March 7, 2001, the bank had written a letter to the said officer mentioning that the validity period of the bank guarantee in question had expired on February 23, 2001, and the demand had not been made by the said office within the validity period. The respondent had further requested the officer to return the original guarantee bond to the complainant.
The forum observed that the complainant furnished a bank guarantee for Rs 2.7 lakh and the beneficiary of the said guarantee was the Assistant Excise and Taxation Commissioner, Chandigarh. It was valid up to February 23, 2001. The forum further observed that the said bank guarantee was not got encashed by the beneficiary till February 23, 2001.
The forum stated that the said case was decided by the Punjab and Haryana High Court on December 12, 2000, and there were more than two months for the encashment of the bank guarantee, but the said officer failed to get the bank guarantee encashed during that period. The forum held that the bank was bound to release the amount to the complainant.