DISTRICT CONSUMER DISPUTES REDRESSAL FORUM. BOLANGIR.
………………..
Presents:-
- Sri P.Samantara, President.
- Sri G.K.Rath, Member.
- Smt. S.Rath, Member.
Dated, Bolangir the 26th day of October 2016.
C.C.No.87 of 2014.
Rajendra Kumar Pansari, Pansari Steel, At- Radharanipada,
Bolangir Town, P.O/P.S/Dist- Bolangir.
.. .. Complainant.
-Versus-
1.Branch Manager, H.D.F.C.Bank Ltd Bolangir Branch.
At-Daily Market Road,P.O/P.S/Dist- Bolangir.
2.Regional Manager, H.D.F.C.Bank Ltd. Regd.Office.
At-HDFC House,Senapati Bapat Marg, Lower Parel (W)
Mumbai- 400013, represented through Regional Manager.
3.CFA Institute ,P.O.Box-2082, Charlottesville,VA-22902-2082
USA, represented through Kara Huttan, Client Services Specialist.
.. .. Opp.Parties.
Adv. for the complainant- Sri A.K.Mishra & Associates.
Adv.for the O.Ps 1 & 2- Sri N.K.Tripathy.
Adv.for the O.P.No.3 - Sri A.K.Sarangi.
Date of filing of the case – 01.12.2014
Date of order - 26.10.2016
JUDGMENT.
Sri P.Samantara, President.
The complainant in admission of his son at CFA Institute, Charlottesville, USA has advised H.D.F.C. Bank Ltd Bolangir to deduct examination fees of 1240/- US Dollar from the Account No-26931930000572, on dt. 20.08.2014 through wire transfer.
2. The complainant also stated that the O.P deducted 1240/USD from the account on dated 20.08.2014 at 13.35 P.M and remit through wire transfer to the account of the CFA Institute by JP Morgan chase Bank,270 Park Avenue, New York but complainant’s son received an email dated 10.09.2014 that CFA Institute has received a request from the O.P to refund the fees.
3. It is complained, the money is meant for appearing in examination of CFA Institute in the year December 2014 and due to mis-wire transfer, the complainant’s son failed in availing the opportunity and waited till June 2015 resulting a loss of one year, which is irreparable. Such mistake in terms of loss of valuable one year in interest of justice is entitled to relief. Prayed as deem fit under the law. Made reliance on email & other correspondence photo copies and affidavit.
4. On pursuance to HDFC Bank Ltd, herein after O.P.1 made the version in admission that as per complainant’s instruction for remittance of USD 1240 on 19th August 2014 has debited an amount of Rs 76,495/- from the customers account and remitted to the account of CFA Institute through wire transfer on dt.20.08.2014 through J.P Morgan Chase Bank being corresponding Bank. Further averred inadvertently due to human error request for null and void of transaction was sent. Further submitted that the recall of funds request by the answering O.P’s has no relevance as refund was not initiated by CFA Institute in spite of having received said request till dt.04.09.2014.That the erroneous request for recall of funds by answering O.P’s has no bearing in return of fee deposited on behalf of Ankit Pansari. The last date of deposit fee with CFA Institute, was 20.08.2014 and in confirm the debited amount was remitted through wire transfer on 20.08.2014 i.e well within the last date for deposit of fee.
5. And further submitted from complain it reveals that Mr. Ankit Pansari is the only person who interacted with CFA Institute and hence complainant has no locus to allege anything with regard to the transaction or its consequence. On this score the complaint is liable to be dismissed inter alia having non joinder of necessary parties, no cause of action, vexatious issues in concoction built of simulated story that is not maintainable either in fact or in law.
6. Per contra, CFA Institute (herein after known) as O.P.3 contended heavily in set forth that no cause of action has been spelt out against CFA Institute in the complaint. No relief prayed from O.P.3 failed to establish any deficiency of service. Also submitted O.P.3 is neither necessary nor a formal party so in want of tenable cause of action the complaint should be dismissed and also not maintainable.
7. Further in admission submitted that CFA Institute had given choice to son of complainant for appearing in the examination to be conducted in December 2014 or in June 2015 and it is opted to appear in June 2015.
8. Complainant’s son stands with CFA Institute bearing 1D# 7182345 under registration process 28th July 2014 for appearing CFA leveal-1 examination in December 2014. In satisfaction of registration payment obligations, the customer service department in proof of acknowledgement made email on 20th August 2014 from email address info@cfa Institute.org stating the confirmation in receipt of wire transfer needs a time up to three weeks and the time is variable from bank to bank for such reason no late admission fee is to be charged or applicable vide email dated 21st August 2014. The CFA Institute customer service deptt. Confirmed credit of USD $ 1240 by wire transfer by mail on 12th September 2014. In view of the above, the complaint as against CFA Institute be summarily dismissed. Relied on true copies of correspondence made.
9. Heard the learned counsels extensively and perused the materials on record.
10. Submission of complainant counsel- The beneficiary is supposed to appear the CFA level-I Exam in 6th December 2014. The silly or minor admitted mistake in wire transfer derail the career waiting till June 2015 entails resulting loss of one financial year. The pleadings of O.Ps do not spell doing a wire transfer or for that matter, same require 2 to 3 weeks, the explanation in line with recall order is contradictory as going through entire email contents. The nature is against international banking practice, so rightly relief’s sought is justified.
11. Submission of O.Ps counsel- The usual practice in wire transfer of money requires generating a pass work. In advertently due to an error wire service payment was not reflected so in rectification send a refund message. Another password generated to remit the amount. Meantime earlier reflected transaction displays success thereby send instant email message to JP Morgan Chase Bank to cancel. As the wire transfer time vary bank to bank so no such deficiency in service arise to note. At no point of time did any message mentioning that the son of the complainant did not want to register and wanted the funds returned was sent which miserably failed to prove by the petitioner which is purely a concoction. On dt.10.09..2014 CFA Institute not intimated anything vide an email .The complainant’s son neither debarred to sit in CFA leval-1 examination nor unable to appear in both academic sitting. So such absurd & vexatiously built up issues not sustainable in the eyes of law.
12. Record has been perused and submissions have been considered at all length. Issues erupted that on 10.09.2014 cause of action as raised is in existence in or not, thereby deficiency of service rightly emerged for consideration?
13. It is no more in dispute, the complainant is a consumer along with the case suffers no barred of jurisdiction, limitation and locus standi except on cause of action.
14. Perusal of documents as on the date 10 Sept 2014 reads:-
(i)From: ankitpansari@ live.com
Sent: 10 September 2014 10.28 A.M.
To: CFA Institute Customer Service (info@cfainstitute org).
Hello CFAI,
Sir, Madam, I am not sure there has been any such message from my concerned bank regarding the refund of the payment. I am very much willing to go forward with my CFA level-1 Exam to be held on 6th December 2014 at Bangalore (India).
Hoping for a positive reply.
Thanks and regards.
Ankit Kumar Pansari,
Startle Technologies, Co-founder
Website, Liked in Facebook.
(ii)From: CFA Institute Customer Service (info@cfa institute org).
Sent: 10th September 2014, 01.24 A.M.
To : CFA Institute ID# 7182345
Dear Mr Pansari,
Our registration and Revenue department received a request from your bank to refund the fees. The message from your bank said that you did not want to register and wanted the funds returned. You should receive your refund in full in the next 7-10 business days.
I hope this is helpful, if you need further assistance, please respond to this email or call us at +1(434) 951-5499.Toll free numbers can be found on our contact us page.
Regards,
Grace.
15. Conjoint reading spells the email sent by CFA Institute on the date 10th Sept 2014 at 01.24 A.M in response to Ankit Pansari has bearing to erupt any cause of action against the O.Ps to made out a case. So rebuttal as advanced by the O.Ps has no leg to stand, so is tenability.
16. On the other hand, it is admitted during tenor of wire transfer in remittance of USD/1240 ,the bank as per instruction remittance ensured on dt.20.08.2014 but due to advertant error in generating password, remittance success displayed lately and in instant, the corresponding refund order has been cancelled. The inadvertent error committed is within the term of the provision as laid out under section 2(g) of the C.P.Act that reads;-
2(g) “deficiency” means any fault, imperfection, short coming or inadequacy in the quality, nature and manner of performance which is required to be maintained by…………….. in relation to any service.
17. We find, no doubt the remittance has been effected but the email correspondences that made entirely not germane into the case, as the complainant has not raised anything on remittance, even the remittance in its all failed attempt has effected in before the dates as instructed, leaving expressly. Three months ahead of sitting in CFA exam at Bangalore in 6th December 2014.The beneficiary cannot quantify the loss being out of the contract. Our same view is fortified on the judgment that we prefer to place reliance “ where a bank defaulted in transferring money from the account of it’s customer/consumer but not be held liable simultaneously to the beneficiary to whose account money was to be transferred”- VED PRAKASH Vs. State Bank of India- 2010(1) CPR 227.
18. In remote we find the wire transfer remittance of money consumes time even that be the case, no scope has been devasted to sit in CFA exam level-1 at December 2014, so relinquish the opportunity to appear and raising loss of academic year is not bonafidely advanced. So to say the error committed at O.Ps end is an imperfection within the domain of wire transfer which is a short of standard to perfect. Instructed money has been rightly transmitted through wire transfer on the very day and time. Non effective at password with the short span can’t be termed as deficiency of service. The effort made by the bank is professional like but not to precision one. So no deficiency of service is attributed to the O.Ps .We find no liability as to third party loss or suffering u/s.14(1)(d) and also in view of the decision (Supra) but under section 14(1)( i) of C.P.Act as the considered adjudication find to.
ORDER.
The O.Ps are directed to pay a sum of Rs 2,000/- (Rupees Two thousand) only, to the complainant, towards the cost of litigation expenses incurred and same to be paid within 30 days of this order, failing which Rs 10/- per day will accrue as penalty till realization.
ORDER PRONOUNCED IN OPEN FORUM THIS THE 26TH DAY OF OCTOBER 2016.
(S.Rath) (G.K.Rath) (P.Samantara)
MEMBER. MEMBER. PRESIDENT.
