Orissa

Sambalpur

CC/14/2022

Rajesh Kumar Nayak, - Complainant(s)

Versus

1. Manager, Vision Care, - Opp.Party(s)

Sri. B.Dash

15 Nov 2022

ORDER

PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

                             CONSUMER COMPLAINT NO. 14/2022

 

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member,

Rajesh Kumar Nayak,

S/o-Late Suresh Chandra Nayak

R/O-Padampur, PO/Ps-Padampur, Dist-Bargarh

At present serving as Asst. Professor, Gayatri College of pharmacy

Jamadarpali, Po-Jamadarpali, Ps-Ainthapali,

Dist-Sambalpur, Odisha,                                                                     ...………..Complainant

Versus

1. Manager, Vision Care,

At-Fatak, Po-Budharaja,

Ps-Ainthapali Dist-Sambalpur-768004, Odisha

2. Branch Manager,

SBI , Padampur, Dist-Bargarh-768036, Odisha

3. Manager, Phonepe Private Limited,

(Formerly Known As FXMart Private Ltd),

Unit No. 001, Ground Floor, Boston House, Suren Road off.

Andheri-Kurla Road, Andheri(East)

Mumbai-400093(Maharashtra).                                    .…………...Opp.Parties

 

Counsels:-

1. For the Complainant                   :-         Sri. B.Dash, Advocate
2. For the O.P.No.1                                      :-         Ex-parte
3. For the O.P. No.2                                    :-         Sri. S.S. Mahapatra
4. For the O.P. No.3                                    :-         Sri. S.Mohanty

 

Date of Filing:31.03.2022,Date of Hearing :20.09.2022, Date of Judgement : 15.11.2022

  Presented by Dr. Ramakanta Satapathy, PRESIDENT

The Complainant filed this complaint with allegation, on 10.09.2021 for one box contact lens paid Rs. 2300/- to the O.P. No.1 through phonepe(O.P.No.3) vide UTR No. 125310138910 from SBI Bank A/C No. 30792349625 Padampur Branch (O.P. No.2) and after denial second time bound to pay Rs. 2300/- in cash. For non- transfer of money the complainant alleged deficiency in service against OP. No.2 & 3. The O.P. NO.2 pleaded that Rs. 2300/- has been debited on 10.09.2021. The O.P. No.3 pleaded that it is only a third party Application provider (TPAP) and an intermediary under the information and Technology Act, 2000.

The O.P. No.1 on 17.05.2022 at 6.42PM transferred the disputed amount of Rs. 2300/- through O.P. No.2 which is a clear admission of the guilt by O.P. No.1 that twice the said amount has been taken from the Complainant. For the act the Complainant harassed which proves the deficiency in service of O.P. No.1. The O.P. No.2 & 3 are not liable in this case.

For the harassing attitude and unfair means the complainant sustained financial loss for the period 10.09.2021 to 03.05.2022, dragged to the court of law along with O.P. No.2 & 3. Accordingly, the Complainant is entitled to interest @11% P.A. for the amount Rs. 2300/- w.e.f. 10.09.2021 to 03.05.2022 along with compensation of Rs. 20,000/- and litigation expenses of Rs. 10,000/- from the O.P. No.1 within one month of this order. In case of non payment the O.P. No.1 is liable to pay 12% interest P.A. on the entire amount from date of order till realisation.

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Supply free copies to the parties.