MR. PRAVAT KUMAR PADHI, PRESIDENT:-
Complainant has filed the C.C.Case No. 68/2023 U/s-35 of C.P.Act, 2019. Complainant holder of A/C No. 50200032965091 of Op was issued a Mosambi machine for debit and credit card transaction in the year 2018 vide T.I.D No. 98361343 and machine Sl. No. 27113309316102123353 and the said machine was out of order permanently in the year 2019 and there was no transaction. The Op charge a penalty for loan usages charges for 23 months amounting to Rs. 13,542.86 (Rs. 588.22 per month debited from the A/C of Complainant).
Since the Mousambi machine was out of order and there has been no transaction, which was within the knowledge of Op, deducting charges for the period the machine was out of order amounts to unfair trade practice and deficiency in service as defined U/s-2(47), 2(11) of C.P.Act, 2019.
Therefore we direct the Op to refund the amount with @10% P.A., which they have deducted from the A/C of complainant and we also impose cost of Rs. 1000/- for mental agony and Rs. 1000/- for cost of this litigation.
With the aforesaid observation and direction the C.C.Case No. 68/2023 is allowed and according disposed off.
Issue extract of the order to the parties for compliance.
Pronounced in the open Commission, on this the 27th day of December,2023.
I, agree.
Sd/- Sd/-
MEMBER PRESIDENT
