The National Commission has companysidered all the relevant documents having a bearing on the subject and ultimately companycluded and found both the banks responsible for deficiency in service.
Accordingly, the National Commission held both Citibank N.A. and State Bank of Mysore jointly liable to pay companypensation of Rs.
The National Commission in the impugned judgment and order has observed as under For the reasons best known the Citibank, from the beginning, there was numberresponse from the Citibank despite several letters and reminders with regard to the documents which were handed over to it.
For this deficiency in service, Respondent No.
As both the Banks failed to companylect the sale proceeds from the purchaser, Geekay filed a companyplaint before the State Consumer Disputes Redressal Commission, Karnataka at Bangalore for recovering the value of goods with interest and expenses amounting to Rs.
For such deficiency in service they are to pay companypensation which we assess at Rs.5 lakhs payable to the companyplainant.
For the export of these goods on 11.5.1994 Geekay furnished the necessary documents such as, bill of lading, invoice, bill of exchange, details of the purchaser to the State Bank of Mysore alongwith a companyering letter Collection Order according to which Citibank N.A. was required to companylect the proceeds from the purchaser ASK Ingredients Inc. On 25.5.1994 State Bank of Mysore sent two sets of all the documents to Citibank N.A., New York for companylection.
Further, it was the duty of the Respondent No.
5203/2007 aggrieved against the inadequate companypensation awarded by the National Commission for supply of the goods.
13130/2006 and 13531/2006 respectively.
By judgment and order dated 30.4.1997, the State Commission dismissed the companyplaint.
of Oleoresin Capsicum and 925 Kgs.
218/1997.
13531 of 2006 State Bank of Mysore Appellant Versus Geekay Agropack P Ltd. Anr.
O R D E R CIVIL APPEAL NO.
13130 of 2006 WITH CIVIL APPEAL NO.
2971 OF 2008 Arising out of SLP C No.
2972 OF 2008 Arising out of SLP C No.
By the impugned judgment the National Commission has found major deficiency in service on the part of Citibank N.A. and State Bank of Mysore.
If number realized, the Bill of Exchange with list of documents, was required to be returned with due diligence and with necessary numbere.
Geekay has filed civil appeal arising out of SLP C No.
of Red Chillies seed okl.
14,37,000/ .
The National Commission after detailed companysideration of the matter and referring to various documents filed by the parties and necessary companymercial instructions having bearing on the subject found that the State Bank of Mysore as well as Citibank A., New York are jointly and severally responsible for deficiency in service and granted a companypensation in the sum of Rs.5 lakhs to Geekay and directed Citibank N.A. to pay companyts of Rs.50,000/ to the appellant Geekay.
Leave granted in all the special leave petitions.
Since all the three appeals are filed against the companymon judgment of the National Commission and involve a companymon question, they are being disposed of by a companymon order.
Aggrieved against the judgment and order of the National Commission, Citibank A. and State Bank of Mysore have filed Civil Appeals arising out of SLP C Nos.
Brief facts leading to the filing of the present appeals are that on 21.4.1994 ASK Ingredients Inc. of USA placed a purchase order with Geekay for supply of 1,110 Kgs.
Aggrieved against the order dated 30.4.1997 of the State Commission, the companyplainant Geekay filed an appeal before the National Commission.
2 is liable to pay the damages to the companyplainant.
The Citibank was bound to respond to the companymunications and inform the S.B.M. as well as the companyplainant whether the amount was realized by it or number.
5203/2007.
5 lakhs to Geekay Agropack P Ltd. hereinafter for short Geekay and Citibank was directed to pay companyts of Rs.50,000/ to Geekay.
