D.O.F:14/01/2022
D.O.O:20/01/2023
IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KASARAGOD
CC.No.11/2022
Dated this, the 20th day of January 2023
PRESENT:
SRI.KRISHNAN.K :PRESIDENT
SRI.RADHAKRISHNAN NAIR.M : MEMBER
SMT.BEENA.K.G : MEMBER
Raju Mathayi Mylakal,
Punnakkunnu PO,
Nileshwaram, : Complainant
Vellarikkund Via,
Kasaragod- 671533
And
Fedaral Bank,
Bheemanady PO,
Nileshwar Via, : Opposite Party
Kasaragod
(Adv. C.H.vishnu Bhat)
ORDER
SRI.RADHAKRISHNAN NAIR.M : MEMBER
The complaint is filed for compensation alleging service deficiency on the part of the opposite party.
The fact in brief of the case of the complainant is that he is running an online service centre and when he processed a passport application, an amount of Rs.1,500/- is deducted from his account maintained in opposite party bank. Since the above amount was not credited to the account of Passport Service Kendra, he had to sent the amount once again. Even though the opposite party offered that the amount will be refund to the account, it was not done. So there is service deficiency on the part of the opposite party and hence this complainant.
The notice issued to the opposite party duly served and they entered appearance through their counsel, who filed written statement.
As per the version of the opposite party the complaint is false, frivolous, vexatious and not maintainable in law. The payment of Rs.1,500/- made by the complainant is received by the Passport Seva Kendra and they issued the receipt also. But the complainant informed that the amount was not received the Passport Seva Kendra and the transaction was failed and the application number was not generated. A complaint was registered on the request of the complainant at the bank’s customer’s desk. It was found on enquiry that the transaction was successful. So there is no deficiency on the part of the opposite party.
The complainant filed proof affidavit in lieu of chief examination and marked documents Ext. A1 and A2. He was cross examined as PW1. Ext.A1 is the copy of online intimation issued by the opposite party regarding the registration of complaint. Ext. A2 is the Bank account statement of the complainant. The Senior Manager of the opposite party filed proof affidavit in lieu of chief examination and marked documents Ext.B1. The document Ext.B1 is the receipt dated 09.11.2021 from the Passport Seva Kendra.
Based on the pleadings and evidence in this case the following issues are framed for the consideration.
1. Whether there is any service of deficiency on the part of the opposite party ?
2. If so, what is the relief ?
For convenience, both these issues are discussed together. The case of the complainant is that when he processed a passport application, an amount of Rs.1,500/- is deducted from his account maintained in opposite party bank. Since the above amount was not credited to the account of passport the Passport Seva Kendra he had to send the amount once again. Even though the opposite party offered that the amount will be recredited to his account, it was not done. To prove the case the complainant produced Ext A2 the bank account statement, which shows that amount of Rs.1,500/- was deducted from his account two times, firstly on 09.11.2021 and on 10.11.2021. The complainant states that since the amount was not credited to the account of the Passport Seva Kendra at first time on 09.11.2021, he again sent the amount on 10.11.2021.
The opposite party submits that the payment of Rs.1,500/- made by the complainant on 09.11.2021 is received by the Passport Seva Kendra and they issued receipt also. But the complainant informed that the amount was not received and the transaction was failed and the application number was not generated.
A complaint was registered on the request of the complainant at the bank’s customer’s desk. It was found that the transaction was successful. To prove their case the opposite party produced the document Ext.B1 which is the receipt dated 09.11.2021 from the Passport Seva Kendra. The Ext.B1 shows that an amount of Rs.1,500/- has been received by them and the fact is admitted by the complainant during cross examination. The opposite party argue that there was no need to send Rs.1500/- at a second time and the amount of Rs.1,500/- sent at second time could not be refund, as the Passport Seva Kendra did not refund the same. There is no deficiency on the part of the opposite party.
Considering the fact and circumstance of the case this commission is of the view that there is no evidence for any service deficiency and negligence on the part of the opposite party.
In the result the complaint is dismissed and the parties shall bear their respective costs.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Exhibit
A1: Copy of online intimation issued by the Opposite Party
A2: Bank account statement of the complainant
B1: Copy of receipt from Passport Seva Kendra
Witness cross examined
PW1: Raju Mathai
DW1: Anil Kumar. M
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Forwarded by Order
Assistant Registrar
Ps/
