Per Sri A. Hazarath Rao, President:-
The complainant filed this complaint u/s 12 of the Consumer Protection Act seeking refund of Rs.95,948.13 ps being the amount debited into his account by the opposite party; Rs.3,00,000/- as damages towards harassment and mental agony.
2. In brief the averments of the complaint are:
The complainant is running a shop under the name and style of M/s Bindas in Guntur. The complainant is running the said shop for his self employment. The complainant has an account with the opposite party bearing No.0189200001225. On several occasions the opposite party wantonly dishonored the cheques though sufficient amount was available in complainant’s account. On 24-03-12 the opposite party debited Rs.95,948.13 ps from complainant’s account without his consent. The opposite party did not give proper reply when the complainant questioned. There was no reply from the opposite party for the notice dated 02-04-02 issued by the complainant. Due to illegal acts of the opposite party the complainant was defamed before his suppliers and caused damage to his reputation. The complainant estimated the same at Rs.3,00,000/-. The conduct of the opposite party in debiting the amount of Rs.95,948.13 ps amounted to deficiency of service. The complaint therefore be allowed.
3. The opposite party was set exparte on 16-10-12 for not filing version though time extended on petition.
4. Exs.A-1 & A-2 were marked on behalf of the complainant.
5. Now the points that arose for consideration in this complaint are:
- Whether the opposite party committed deficiency of service?
- Whether the complainant is entitled to compensation?
- To what relief?
6. Point No.1:- Ex.A-2 is office copy of notice dated 02-04-12 along with postal receipt. The complainant sent Ex.A-2 notice by registered post. Evidencing the same the complainant filed postal receipt. The opposite party received notices in this case to the same address mentioned in Ex.A-2 notice. It can therefore be inferred that the opposite party received original of Ex.A-2 notice.
7. Ex.A-1 is the xerox copy of statement of account pertaining to the complainant at pages 3 and 4. On 24-03-12 the opposite party debited Rs.95,948.13 ps. Against that debit entry the following was mentioned “Fund TRF DM – 434678100262506”. It is for the opposite party to explain what “Fund TRF DM – 434678100262506” meant. Nothing prevented the opposite party from giving reply to Ex.A-2 notice. The opposite party failed to file its version even on awarding costs and extending time on petition also. Thus the contents of the complaint and affidavit of complainant remained unrebutted. We therefore opine that the opposite party committed deficiency of service and the opposite party is liable to reverse the entry of Rs.95,948.13 ps and answer this point against the opposite party.
8. POINT No.2:- The complainant claimed Rs.3,00,000/- as damages contending that he sustained damage to his reputation and loss in business. The complainant did not place any material to substantiate the said contention. The complainant for the reasons best known to him did not mention the details when the opposite party dishonored the cheques though balance was available. Dishonoring of cheques though amount is available will cause harassment to a customer of any bank. Compensation to be awarded must commensurate with the injury complained. Under those circumstances, awarding Rs.5,000/- as damages will meet ends of justice in our considered opinion. We therefore answer this point accordingly against the complainant.
9. POINT No.3:- In view of above findings, in the result the complaint is allowed partly as indicated below:
- The opposite party is directed to reverse the entry dated 24-03-12 for Rs.95,948.13 ps to the account of the complainant within a week after receipt of this order.
- The opposite party is directed to pay Rs.5,000/- (Rupees five thousand only) as compensation.
- The opposite party is directed to pay Rs.1,000/- (Rupees one thousand only) towards costs.
- The amounts ordered in clauses 2 and 3 shall be deposited within a period of six weeks from the date of receipt of the copy of the order.
Typed to my dictation by Junior Stenographer, corrected by me and pronounced in the open Forum dated this the 9th day of November, 2012.
MEMBER MEMBER PRESIDENT
APPENDIX OF EVIDENCE
DOCUMENTS MARKED
For Complainant :
Ex.No | DATE | DESCRIPTION OF DOCUMENTS |
A1 | 26-03-12 | Copy of statement of account issued by opposite parties |
A2 | 02-04-12 | o/c of legal notice issued to opposite parties with postal receipt |
For Opposite Party: NIL
PRESIDENT
