Before the District Consumer Disputes Redressal Commission, Rohtak.
Complaint No. : 441.
Instituted on : 04.09.2019.
Decided on : 15.09.2021.
Sanjay age 40 years s/o Sh. Jai Bhagwan, R/o VPO Baland, Tehsil and Distt. Rohtak.
………..Complainant.
Vs.
- Indian Bank through its Branch Manager, 632/32 Shivaji Colony, Circular Road, Rohtak.
- R.C.Filling Station(Petrol/Diesel Pump) through its incharge/Prop./Partner, Narnaul Road, Distt. Rewari.
……….Opposite parties.
COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.
BEFORE: SH.NAGENDER SINGH KADIAN, PRESIDENT.
DR. TRIPTI PANNU, MEMBER.
Present: Sh.Anurag Malik, Advocate for the complainant.
Opposite parties exparte.
ORDER
NAGENDER SINGH KADIAN, PRESIDENT:
1. Present complaint has been filed by the complainant with the averments that complainant is having saving bank account vide A/c No.9290-7929-4 and one ATM-cum-Debit Card of this account in the Bank of opposite party No.1. On 20.09.2018 complainant used the alleged debit card for payment of diesel amounting to Rs.14900/- in Truck at OP No.2 filling Station. The amount was debited twice wrongly and illegally. On complaint, one debited transaction of Rs.14900/- has been credited in the account of complainant on 21.09.2018. But lateron, on 05.12.2018 the opposite party no.1 has again debited Rs.14900/- illegally and wrongly by charging refund amount again without any notice or information. Thereafter, complainant visited the branch of opposite party no.1 in December 2018 and asked for refund of Rs.14900/- and also registered a complaint no.IBE0158306 with the opposite party but to no effect. Complainant requested the opposite party No.1 time and again to refund the alleged amount of Rs.14900/- but the same was refused by the opposite party no.1 on dated 20.08.2019 and told the complainant that they had forwarded the complaint thrice to their R.O. and H.O. but no response has been received till date and showed helplessness in resolving the complaint of the complainant. Complainant also contacted the opposite party No.2 for confirmation regarding payments (i.e. once or twice) but opposite party No.2 failed to inform the same to the complainant. The act of opposite parties is illegal and amounts to deficiency in service. Hence this complaint and it is prayed opposite parties may kindly be directed to pay a sum of Rs.14900/- alongwith interest, compensation and litigation expenses to the complainant as explained in relief clause.
2. After registration of complaint, notices were issued to the opposite parties. Notice sent to opposite party No.2 through registered post not received back either served or unserved. As such opposite party No.2 was proceeded against exparte vide order dated 31.10.2019 of this Commission. Opposite party No.1 filed its written reply submitting therein that the complainant is having saving A/c No.9290-7929-4 and debit card with their branch. It is further submitted that on 20.09.2018 his account was debited twice for Rs.14900/- via ATM/POS WDL. One entry of Rs.14900/- re-credited to his alleged account on 21.09.2018. On 05.12.2018 the account of complainant was debited again for Rs.14900/- for which they had sent mail and following up with their higher authorities about the fate of the amount debited on 05.12.2018. Thereafter opposite party No.1 was proceeded against exparte vide order dated 0-6.04.2021 of this Commission.
3. Ld. counsel for the complainant in his evidence has tendered affidavit Ex.CW1/A, documents Ex.C1 to Ex.C2 and has closed his evidence on dated 16.11.2020.
4. We have heard learned counsel for the complainant and have gone through material aspects of the case very carefully.
5. After going through the file and hearing the parties it is observed that the complainant used his debit card on 20.09.2018 at R.C.Filling Station and he made a payment of Rs.14900/- for the diesel payment but the same was deducted twice and he made a complaint regarding this effect to the respondent no.1, they returned the said amount on 21.09.2018. But thereafter they again debited the amount of Rs.14900/- on dated 05.12.2018 He again complained the same to respondent no.1 for wrongly deducting the amount. On the other hand opposite party No.1 appeared and filed its written statement. They partly supported the version of the complainant regarding the fact that the amount was deducted two times for Rs.14900/- on 20.09.2018 and thereafter the amount of Rs.14900/- was credited to the account of complainant on 21.09.2018 and they also admitted this fact that the amount of Rs.14900/- was again debited from the account of complainant on 05.12.2018. For further necessary action the Branch Manager wrote an email to the higher authorities on dated 20.11.2019. Thereafter they were proceeded against exparte. No affidavit or other document has been placed on record by the opposite parties. Hence it is proved that an amount of Rs.14900/- has been wrongly deducted from the account of complainant.
6. In view of the facts and circumstances of the case, opposite party No.1 is directed to credit the alleged amount of Rs.14900/-(Rupees fourteen thousand and nine hundred only) alongwith interest at the prevailing rate on 05.12.2018 from dated 05.12.2018 till its realization in the account of complainant. Opposite party No.1 is further directed to pay Rs.5000/-(Rupees five thousand only) as compensation on account of deficiency in service and Rs.3000/-(Rupees three thousand only) as litigation expenses to the complainant within one month from the date of decision.
7. Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.
Announced in open court:
15.09.2021.
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Nagender Singh Kadian, President
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Tripti Pannu, Member.
