Haryana

Fatehabad

CC/195/2020

Parveen Verma - Complainant(s)

Versus

Central Bank Of India - Opp.Party(s)

Naresh Sachdeva

08 Jan 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, FATEHABAD.

                                                          Complaint case no.         : 195 of 2020

                                                          Date of Institution           : 28.08.2020

                                                          Date of decision    : 08.01.2024

 

Parveen Verma son of Niranjan Dass resident of Near Old Bus Stand Lajpat Nagar, Fatehabad Tehsil & District.

……. Complainant.

 

1.Central Bank of India Branch Fatehabad District Fatehabad through its Branch Manager.

2.IndusInd Bank Branch G.T.Road, Fatehabad District Fatehabad through its Branch Manager.

….…. Opposite parties.

 

BEFORE:   SH. RAJBIR SINGH, PRESIDENT

                   DR.K.R.NIRANIA, MEMBER                           

                   MS. HARISHA MEHTA, MEMBER

 

Present:       Sh. Naresh Sachdeva, counsel for complainant.

                   Sh. I.S.Sihag, counsel for OP No.1.                                                                      Sh.Amit Wadhera, counsel for OP No.2.

 

ORDER

SH.RAJBIR SINGH, PRESIDENT                                              

                   In nutshell, brief facts of the present complaint are that the complainant is having saving bank account No.2139946503 with OP No.1; that the complainant transferred an amount of Rs.23,535/- to the account No.151250500008 at Indusind Bank in the name of Executive Official Municipal Council, Fatehabad of Directorate of Urban Local Bodies Online Building Plan approval System Panchkula through his debit card No.6521600393505601 but the amount has not been deposited in the above said amount, therefore, a demand note for building permit was issued; that thereafter the complainant deposited an amount of Rs.25535/- to the account of above said Urban Local Bodies through NEFT from the account No.96772200002657 of his son Akshat Verma on 10.02.2020; that the complainant visited the Manager of OP No.1 and further approached the ATM administrator but it was disclosed to the complainant that the transaction had been successful;  that the complainant requested the Ops to refund the amount in question and also got served legal notice upon them but to no avail.   The act and conduct of the Ops clearly amounts to deficiency in service on their part.

2.                Upon notice OPs appeared and filed their separate written statements. OP No.1 in its reply has taken preliminary objections such as cause of action, locus standi, maintainability and concealment of material facts etc. It has been further submitted that complainant transferred Rs.23535/- to Director Urban Local Bodies online building plan approval system Panchkula through debit card No. 6521600393505601 on 07.02.2020 but when the amount was not credited in the beneficiary account, the complainant moved an application and on dated 09.03.2020 intimation was received qua successful transaction No.CBI#33305917 as per mail received from CBI ATM department; that thereafter the department claimed amount of Rs.23535/- acquiring bank (Kotak Mahindra Bank) through chargeback process in NPCI Rupai  settlement portal on 13.02.2020 but acquire bank rejected the claim on 29.02.2020 stating that the transaction was successful.  There is no deficiency in service and unfair trade practice on the part of replying Op. Other contentions have been controverted and prayer for dismissal of the complaint has been made.

3.                OP No.2 in its reply has taken preliminary objections such cause of action, concealment of material facts, barred by limitation and locus standi etc. It has been further submitted that in case any amount was credited it would have been reflected in the account of the Directorate Urban Local Bodies; that the replying Op has no to play in the subject matter, therefore, no deficiency in service and unfair trade practice has been attributed to replying OP. Other   contentions have been controverted and prayer for dismissal of the complaint has been made.

 3.               In evidence, the complainant has tendered affidavit Ex.CW1/A alongwith documents Annexure C1 to Annexure C13. On the other hand the Ops have tendered affidavit Ex.RW1/A alongwith documents Ex.R2/1, Annexure R1/1 to Annexure R1/7.

4.                We have heard learned counsel for the complainant and carefully gone through the case file.

5.                          The complainant has come with the plea that an amount of Rs.23535/- was transferred on 07.02.2020 through ATM of Indusind Bank account no.2139946503   in favour of Director Urban Bodies but that amount was not credited in the beneficiary account, therefore, on the demand notice of the said department (Annexure C1) he had to make the payment of Rs.23535/- through NEFT  from the account of his son Akshat on 10.02.2020 (Annexure C3).  Learned counsel for the complainant has argued that despite requests and applications (Annexure C4, Anenxure C5, Annexure C7 to Annexure C11), the Ops did not redress his grievance and failed to refund the amount which was debited from the account of the complainant but not credited in the beneficiary account.

6.                          Learned counsel for the Op no.1 have come with the plea that the transaction of Rs.23535/- was successful and submitted annexure R1/4 to R1/6 and perusal the documents shows that the transaction dated 07.02.2020 was successfully and transferred in the account of Executive Officer, Municipal Council of Fatehabad on 29.02.2020, therefore, no deficiency in service and unfair trade practice can be attributed to them. The OP no.2 submitted the account statement of Executive Officer Municipal Council, Fatehabad i.e. Ex.R2/1 perusal of this account statement reveals that an amount of Rs.23535/- was transferred in the account of Executive Officer Municipal Council, Fatehabad through NEFT on 10.02.2020 from the account of his son Akshat only.  Though the Op No.1 has come with the plea that the amount of Rs.23535/- was credited in the beneficiary account on 29.02.2020 (Annexure R1/4) but there is nothing on the case file to show that such amount was credited in the account of Executive Officer Municipal Council, Fatehabad. In document Ex.R2/1 i.e. copy of bank account statement of the concerned department reflects only one entry on 29.02.2020 and that is for Rs.2749/-, therefore, we have no hitch to reach at the conclusion that the amount of Rs.23535/-, which has been allegedly transferred through ATM transaction has not been reached to the beneficiary account and the Ops have neither refunded the same to the complainant nor redressed his grievance despite several requests and serving of legal notice.

7.                          Keeping in view of the above discussion we hereby allow the present complaint and direct the Ops to refund the same of Rs.23535/- to the complainant. We also direct the Ops to further pay a sum of Rs.5500/- to the complainant on account of mental agony, harassment and cost of litigation. The order be complied within a period of 45 days from today. The liability of the Ops would be joint and several.

8.                          In default of compliance of this order, proceedings against respondents shall be initiated under Section 72 of Consumer Protection Act, 2019 as non-compliance of court order shall be punishable with imprisonment for a term which shall not be less than one month, but which may extend to three years, or with fine, which shall not be less than twenty five thousand rupees, but which may extend to one lakh rupees, or with both. A copy of this order be sent to the parties free of cost. This order be also uploaded forthwith on website of this Commission, as per rules, for perusal of parties herein. File be consigned to the record room after due compliance.     

Announced in open Commission.                                                           

Dated: 08.01.2024

                  

      (K.S.Nirania)              (Harisha Mehta)                     (RajbirSingh)                                   Member                        Member                                President