National Consumer Disputes Redressal
New Friends Electrical Co. And Ors. vs D.G.M., Punjab National Bank And Ors. on 31 October, 2002
ORDER
D.P. Wadhwa, President
1. In this complaint filed under Section 21 of the Consumer Protection Act, 1986, complainants who are two separate partnership firms and they are partners all numbering 14, claimed Rs. 1,64,48,000/- as compensation for loss suffered by them. First opposite party is D.G.M., Punjab National Bank, Lucknow, second opposite party is R.M., Punjab National Bank, Kanpur and third opposite party is Branch Manager, Punjab National Bank, Chunnaganj Branch, now P.N.B., Colonelganj Branch, Kanpur. This complaint was filed on 10.9.1995 and the reliefs claimed are as under:
"The petitioners claim the following reliefs .
(A) That the petitioners' claim of Rs. 1,64,48,000/- as total compensation for losses suffered by the petitioners till date of filing of this petition. (B) Interest at the rate of 18% from the date of filing till the date of payment of the claim amount. (C) That the final settlement of account and return of house deeds of the petitioners. (D) Any other reliefs, which this Hon'ble Forum may deem fit and proper, be awarded to the petitioners."
2. Out of this more than half is towards interest @ 18% per annum. The particulars are as under:
3. That the opposite parties are also liable for the interest at the rate of 18% on the amount of Rs. 54,34,000/- from 1.1.1987 upto this petition, amount of Rs. 83,14,000/- with interest will be continued till actual payment of the claim.
4. Along with the complaint no document was filed in support of the claims/losses suffered by the complainants.
5. First complainant is a partnership firm called M/s. New Friends Electricals Company and the complainant Nos. 3, 4, 7, 10, 11 and 13 were the partners when it was firstly constituted. Second complainant is M/s. Friends Constructions Company of which complainant Nos. 5, 6, 8, 9, 12 and 14 were the partners at the time of its constitution which were later on reconstituted. These two firms were reconstituted on 1,4.1989 and complainants 3 to 14 are common partners in both the firms. While the first firm was having loan facility from Hindustan Commercial Bank Ltd., second firm was only having facility of Bank guarantee from the same very Bank. The Hindustan Commercial Bank Ltd. was later on amalgamated with the Punjab National Bank Ltd. who is now the opposite party before us.
6. A preliminary objection was taken by the Punjab National Bank that this complaint is barred by limitation. It was also stated that since the second firm was not availing any loan facility from the erstwhile Hindustan Commercial Bank Ltd., it could not be a consumer within the meaning of the Consumer Protection Act, 1986 and as such complaint on its behalf was not maintainable. There is nothing on the record to show as to how it could be said that the second firm is a complainant. Opposite party-Bank had asserted that there was no transaction of cash credit account even by the first firm since 1985-86 and 1986-87.
As to when the cause of action arose complainants stated as under :
"The cause of action arose firstly on 31.5.1986 and subsequently continued on each date on which the petitioners replied and continued as no settlement arrived and lastly when we sent legal notice dated 2.12.1992 to the opposite party, but no action is taken and lastly on 1.6.1995 when the Bank again sent a letter of the settlement of above accounts."
7. Complainants have not brought on record their alleged legal notice dated 2.12.1992 but had filed letter dated 1.6.1995 of the Punjab National Bank. This letter of the Punjab National Bank we quote :
"1.6.1995 M/s. New Friends Electricals Co.
74/130A, Dhankutti Kanpur Reg ; Compromise in your cc a/c Sir, You are requested to contact undersigned for compromise in your a/c on any working day taking prior appointment over telephone No. 255374. Thanking you, Yours faithfully For Punjab National Bank Manager Colonelganj, Kanpur."
8. This letter does not show any acknowledgement on the part of the Bank and is addressed only to the first firm. Complainants had filed their letter dated 1.3.1992 which was addressed to the Bank on behalf of the first firm. This letter again we quote :
"1.3.1992 The Manager, Punjab National Bank, Chunniganj, Kanpur.
Sub : Cash Credit A/c with you and compromise proposal. Dear Sir, Please refer your Regd. letter dated 15.2.1992.
We are very sorry that due to unavoidable circumstances we could not contact you, as at present our all contracts activities are going on outside Kanpur. It is regretfully mentioned that we have agreed on you proposal so many times but at latter stages they are always querried. We are unable to understand the reasoning of the Bank in this regard. This is not healthy also and it will not lead to any solution. However, we are still adhered to our compromise and as soon as you direct us we shall deposit full amount. However, as desired, we shall meet your goodself very shortly to satisfy you to your entire satisfaction. Yours faithfully, For New Friends Electricals Company, Sd/-
(G.S. Gupta) Partner"
9. From this letter it would be seen that it is the complainants who are required to deposit the amount due from them to the Bank. It is, therefore, quite apparent that the cause of action which arose on 13.5.1986 would bar this complaint after lapse of three years as the law stood earlier to the insertion of Section 24-A in the Consumer Protection Act, 1986. There is nothing on record remotely to show that cause of action continued. It is just a bald statement on the part of the complainants.
We would, therefore, dismiss this complaint with costs which we assess at Rs. 10,000/-.