IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MURSHIDABAD AT BERHAMPORE.
Case no. CC/91/2017
Date of filing: 08-06-2017 Date of disposal: 14 -12-2017
Complainant Debika Das, W/O Sri Sentu Kisku, ‘’Debi Terrace’’ (2nd floor – B), 9/1, R.K.B. Lane, Kadai, Ranibagan, PO + PS – Berhampore, District – Murshidabad, Pin Code – 742101, W Bengal.
VS.
Opposite Parties 1) Distributor,
M/s. Ram Kanai Dhar, HPCL,
22, K. N. Road, PO + PS – Berhampore,
District – Murshidabad, Pin Code – 742101, West Bengal.
2) The Branch Manager,
State Bank of India, Berhampore Branch, 15, Square East Road,
PO + PS – Berhampore, District – Murshidabad, Pin Code – 742101.
3) Branch Manager,
United Bank of India, Berhampore Branch, 1&2, Dr. S.N. Bhattacharjee Road,
PO + PS – Berhampore, District – Murshidabad, Pin Code – 742101, West Bengal.
Present : Sri Manas Kumar Mukherjee- Member
Smt. Chandrima Chakraborty – Member
FINAL ORDER
Sri Manas Kumar Mukherjee, Presiding Member
This case has been filed by the complainant U/S 12 of C P Act’1986, praying for payment of amount of Rs. 2000/- only, which was deducted / debited from the bank a/c, of the complainant, but not received by her and a compensation of Rs. 5,000/- for mental pain and agony, faced.
The case of the complainant, in brief, is that, the complainant, tried to withdraw an amount of Rs. 2000/-, through a swipe (money withdrawing device) machine, installed by OP no. 2, in the Petrol Pump of OP no.1, on 08 – 12- 2016, with her ATM Debit card. But she neither received the money nor the receipt, pertaining to the transaction. Subsequently, she came to know, while updating her Pass book, in the office of OP no. 3, that an amount of Rs. 2000/- had been debited from her a/c, maintained with OP no.3, under the head ‘Petrol Pump’, on the same date, i.e., 08 – 12 – 2016. Subsequently, she filed a complaint to the office of OP no.3, on 03 – 01 – 2017 and 30 – 01 – 2017, but no action was initiated by OP no. 3. Thereafter, she lodged a complaint to the Department of Consumer Affairs and Fair Business Practices, at Berhampore, District – Murshidabad. All of the OP (s) were asked to attend the office of Asstt. Director, Consumer Affairs and Fair Business Practices, at Berhampore, Murshidabad, on 16 – 03 – 2017, for mediation, in the matter, but OP (s) nos. 2 and 3, remained absent.
Hence, the instant complaint has been lodged before this Forum.
The W/V filed by the OP no. 3, stated that that the complainant is not maintainable in its present form, alongwith, some other observations.
All of the OP (s) have recorded their presence, in the matter, when the matter was referred to this Forum, for adjudication and submitted documents, in support of their submission (s). From the computerized statement, filed by the OP no. 1, through OP no.3, it is observed that no such transaction, with the amount involved (Rs. 2000/-), took place / recorded in / through the swipe machine installed by the OP no. 2 In the petrol pump of OP no. 1, on 08 – 12 – 2016, whereas, from the copy of the updated Passbook, submitted by the Complainant, it is observed that an amount of Rs. 2000/- was deducted / debited from her a/c, maintained with OP no. 3, on that particular date under the head, ‘Petrol Pump’, which proves that the amount was debited from the a/c of the complainant, although, as alleged, she did not receive the money.
OP no. 1 pleaded that, although the complainant, faced the problem, through the machine, installed by OP no. 2, in his petrol pump, he is no way responsible and accountable, in the matter.
Complainant and OP no. 1, argued the matter, while OP nos. 2 & 3, remained absent, on the date of argument.
Point to be considered
- Whether the complainant is entitled to get relief, as prayed for.
Decisions with reasons
To prove the case, the complainant, has filed copies of relevant documents, alongwith evidence – in –chief, in support of his complaint. The OP no. 3 has also filed W/V, in support of their statements.
Heard, complainant and OP no. 1, in full, while OP (s) 2 & 3 remained absent, on the date of argument.
It is observed, from the documents, submitted to the Forum, that, though the amount was debited from the account of the complainant, she did not receive the intended amount to be withdrawn, due to latches, on the part of OP (s) nos. 2 and 3 and due to non functioning of the ‘’Swipe’’ machine.
Hence,
ORDERED
The Consumer Complaint no. 91/2017 is allowed in part.
OP (s) nos. 2 and 3, are jointly and severally directed to pay an amount Rs. 2000/- to the complainant, towards the amount debited from the account of the complainant, but not received by her and another amount of Rs. 1000/-, towards, the harassment, faced by the complainant, alongwith litigation cost, within 21 days, from the date of receipt of this order, in default, the Op (s), will have to pay an amount of Rs. 50/-, per day’s delay and the amount, so accumulated, shall be deposited to Consumer legal Aid account.
Let a copy of this order be made available and be supplied free of cost to each of the parties, on contest, by hand, under proper acknowledgement / be sent, forthwith, under ordinary post, to the concerned parties, as per rules, for information and necessary action.
