DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BARNALA, PUNJAB.

Complaint Case No : CC/116/2021

Date of Institution   : 25.05.2021

Date of Decision    : 07.06.2023

Rajmeet Kaur daughter of Baljinder Singh resident of Ward No. 6, Near Gurudwara Sahib, Attargarh, Dhanaula, District Barnala now at Canada through her General Power of Attorney Sh. Baljinder Singh son of Sh. Balvir Singh resident of Attargarh, Dhanaula, District Barnala.     

                          …Complainant Versus

1. Axis Bank, Branch Dhanaula, District Barnala through its Branch Manager.  

2. The Branch Manager, Axis Bank, Branch Dhanaula, District Barnala.     

                       …Opposite Parties

 

Complaint Under Section 35 of Consumer Protection Act, 2019.

Present: Sh. Rajveer Singh Sidhu counsel for complainant.

Sh. A.K. Jindal counsel for opposite parties.

Quorum:-

1. Sh. Jot Naranjan Singh Gill : President

2.Sh. Navdeep Kumar Garg : Member

 

(ORDER BY JOT NARANJAN SINGH GILL, PRESIDENT):

The complainant namely Rajmeet Kaur daughter of Baljinder Singh resident of Ward No. 6, Near Gurudwara Sahib, Attargarh, Dhanaula, District Barnala now at Canada through her General Power of Attorney Sh. Baljinder Singh son of Sh. Balvir Singh resident of Attargarh, Dhanaula, District Barnala has filed the present complaint under Section 35 of the Consumer Protection Act 2019, (amended upto date) against Axis Bank Branch Dhanaula District Barnala through its Branch Manager and others (hereinafter referred as opposite parties).  

2. The facts leading to the present complaint are that the complainant had got admission for studies in Canada and the institution in Canada had tie up with Yes Bank through Flywire. The complainant had instructed the opposite parties to transfer Rs. 7,99,542/- in Indian Currency in the account of M/s Flywire with Yes Bank, but the opposite parties transferred money through its own agency in US Dollars and the opposite parties debited Rs. 8,27,222.62 on 11.2.2020 from the account of the complainant, as such, the complainant suffered loss of Rs. 29,680.62. It is further alleged that the opposite parties failed to follow the instructions given by the complainant, as such the opposite parties had been deficient in rendering service. The complainant and her father visited the opposite parties many times for making the refund of Rs. 29,680.62 deducted from the account of the complainant, but the opposite parties linger on the matter on one pretext or the other and ultimately refused to redress the grievance of the complainant. Thereafter, the complainant served a legal notice dated 12.3.2020 to the opposite party No. 2 and asked to refund the amount of Rs. 29,680.62 to the complainant within 15 days from the receipt, but to no effect. Thus, there is deficiency in service on the part of opposite parties. Hence, the present complaint is filed for seeking the following reliefs.- 

i) To pay the amount of Rs. 29,680.62 alongwith interest @ 12% per annum. 

ii) Further, to pay the amount of Rs. 20,000/- on account of compensation for harassment and Rs. 10,000/- as litigation expenses.  

3. Upon notice of this complaint, the opposite parties appeared and filed written version taking legal objections interalia on the grounds that the present complaint is frivolous, vexatious and liable to be dismissed. The present complaint is wholly mis-conceived, groundless and unsustainable in law. The complainant has got no locus-standi or cause of action to file the present complaint. Further, the present complaint is bad for non joinder of necessary parties etc. 

4. On merits, it is admitted to the extent that the amount of Rs. 8,27,222.62 on 11.2.2020 transferred from the account of the complainant in US Dollar as admission fee for Canada. It is submitted that the complainant herself submit a written request in favour of the opposite parties to transfer the amount in US Dollar on 11.2.2020 and on the written request the said amount was transferred to Canada in US Dollar through CITI Bank. It is further alleged that the difference of amount is on the day in US Dollar and the amount was transferred from the account of complainant after her written consent which is duly signed by her. It is further alleged that the Branch Manager before transfer the amount duly intimate to complainant about the difference of US Dollar and the complainant and her father requested the opposite parties Bank that today is the last day and if the amount of fee will not transferred in the account of the University at Canada then her admission be cancelled by the Canada University. The complainant herself filled retail outward remittance application cum A-2 Form for purchase of Foreign exchange in favour of the opposite parties Bank and both documents after admitting as correct, the complainant put her signature after admitting both are correct. Therefore, there is no deficiency in service on the part of opposite parties and prayed for the dismissal of complaint. 

5. To prove her case the complainant tendered into evidence  affidavit of Baljinder Singh Ex.C-1, copy of Text Messages and receipts Ex.C-2 (containing 8 pages), copy of legal notice Ex.C-3, postal receipt Ex.C-4, copy of General Power of Attorney Ex.C-5 and closed the evidence. The complainant also filed rejoinder to the written version filed by the opposite parties vide which the complainant reiterated the averments as mentioned in the complaint.  

6. To rebut the case of the complainant the opposite parties tendered into evidence affidavit of Gurpreet Kaur Ex.O.Ps-1, copy of application Ex.O.Ps-2 (containing 4 pages), copy of passport Ex.O.Ps-3, copy of college fee structure Ex.O.Ps-4, copy of payment instructions Ex.O.Ps-5 (containing 2 pages), copy of Pan cards Ex.OPs-6 & Ex.O.Ps-7, copy of Email Ex.O.Ps-8 (containing 2 pages), copy of request email Ex.O.Ps-9 and closed the evidence.  

7. We have heard the learned counsel for the parties and have gone through the record on file. Written arguments filed by the complainant and opposite parties.  

8. Ld. Counsel for the complainant argued that the complainant had got admission for studies in Canada and the institution in Canada had tie up with Yes Bank through Flywire. Ld. Counsel for complainant further argued that the complainant had instructed the opposite parties to transfer Rs. 7,99,542/- in Indian Currency in the account of M/s Flywire with Yes Bank, but the opposite parties transferred money through its own agency in US Dollars and the opposite parties debited Rs. 8,27,222.62 on 11.2.2020 from the account of the complainant and the complainant suffered loss of Rs. 29,680.62. It is further argued that the opposite parties failed to follow the instructions given by the complainant and the complainant and her father visited the opposite parties many times for making the refund of Rs. 29,680.62 deducted from the account of the complainant, but the opposite parties linger on the matter on one pretext or the other and ultimately refused to redress the grievance of the complainant. Thereafter, the complainant served a legal notice dated 12.3.2020 (Ex.C-3) to the opposite party No. 2 and asked to refund the amount of Rs. 29,680.62 to the complainant within 15 days from the receipt, but to no effect.

9. Ld. Counsel for the opposite parties argued that the amount of Rs. 8,27,222.62 on 11.2.2020 transferred from the account of the complainant in US Dollar as admission fee for Canada (Ex.O.Ps-5). It is further argued that the complainant herself submit a written request in favour of the opposite parties to transfer the amount in US Dollar on 11.2.2020 and on the written request the said amount was transferred to Canada in US Dollar through CITI Bank. It is further argued that the difference of amount is on the day in US Dollar and the amount was transferred from the account of complainant after her written consent which is duly signed by her. It is also argued that the Branch Manager before transfer the amount duly intimate to complainant about the difference of US Dollar and the complainant and her father requested the opposite parties Bank that today is the last day and if the amount of fee will not transferred in the account of the University at Canada then her admission be cancelled by the Canada University. It is further argued that the complainant herself filled retail outward remittance application cum A-2 Form for purchase of Foreign exchange in favour of the opposite parties Bank and both documents after admitting as correct, the complainant put her signature after admitting both are correct(Ex.O.Ps-2).

10. Perusal of document Ex.O.Ps-5 placed on record by the opposite parties shows that the complainant booked a payment of 11,203.00 USD to Canadore College of Applied Arts and Technology on February 10, 2020. It further shows that the Canadore College of Applied Arts and Technology has partnered with Flywire Payments Corporation or one of its affiliates to process international payments as an agent of Canadore College of Applied Arts and Technology and Flywire remits funds to their accounts located in Canada. Further, Ex.O.Ps-5 shows the detail for money transfer which is as under;-

Amount and Currency to send 11,203.00 USD

Remittance information/Reference CDC813701714- Canadore College of Applied Arts and Technology

Beneficiary Flywire Payments Corporation

Beneficiary Address 141 Tremont Street, 10th Floor, Boston, MA 02111

Beneficiary Bank CITI Bank NA

Beneficiary Bank Address 111 Wall Street, New York, New York 10043, United States

Beneficiary Account Number 30993074

ABA/Routing Number 021000089

Account Type Checking Account

Beneficiary Bank SWIFT/BIC Code CITIUS33 (or CITIUS33XXX)

Detail of charges Our In a SWIFT, at field 71A “Details of Charges” from the available options BEN, SHA, OUR, select OUR. This field determines who pays the transfer charges.

Instructions to Sender/Sender Bank Please allow up to 72 hours for Flywire to update the progress of your payment on your dashboard, You will receive an email when that happens. 

Further, to prove the version the opposite parties also placed on record Ex.O.Ps-2 the Retail Outward Remittance Application Cum A2 Form for purchase of Foreign Exchange in which the column of Amount in FCY (foreign currency) Or Amount in INR is mentioned as 11203 USD and the same shows that the complainant Rajmeet Kaur herself submitted request to the opposite parties to transfer the amount in US Dollor on 11.2.2020 and on the request of the complainant an amount of Rs. 8,27,222.62 has been transferred by the opposite parties to the Canada University from the account of the complainant. It is important to mention here that the above said document Ex.O.Ps-2 has been duly signed by Rajmeet Kaur. Moreover, the documents Ex.O.Ps-4 & Ex.O.Ps-5 has also been duly signed by Rajmeet Kaur. On the other hand, the complainant has failed to place on record any cogent evidence to prove the fact that the opposite parties have charged excess amount of Rs. 29,680.62 from the complainant and the complainant is entitled for the same. 

11. In view of the above discussion, the present complaint has no merits and the same is dismissed. However, there is no order as to costs or compensation. 

12. Copy of this order be supplied to the parties free of costs as per rules. File be consigned to the records after its due compliance. 

ANNOUNCED IN THE OPEN COMMISSION:

       7th Day of June, 2023

 

            (Jot Naranjan Singh Gill)

            President

 

(Navdeep Kumar Garg)

Member