Orissa

Cuttak

CC/36/2022

Sarada Prasad Nanda - Complainant(s)

Versus

Indusind Bank Limited - Opp.Party(s)

self

30 Jul 2022

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL COMMISSION,CUTTACK.

                                                                C.C. No.36/2022

Sarada Prasad Nanda,

S/O:Late Ganeswar Nanda,

Resident of Plot No.2C/780/01,Sector-11,

CDA,Cuttack-753015.                                                             ... Complainant.

        

                                                Vrs.

M/s. IndusInd Bank Limited,

Plot No.1320,Umang Plaza,Bajrakabati Road,

Samanta Sahi,Cuttack-753001.                                                  ...Opp. Party.

 

Present:               Sri Debasish Nayak,President.

                                Sri Sibananda Mohanty,Member.

 

Date of filing:    25.02.2022

Date of Order:  30.07.2022

 

For the complainant:            Self.

For the O.P                 :           None.

 

Sri Debasish Nayak,President.                                                                                                 

            Case of the complainant in nutshell is that the complainant is a senior citizen having S.B. Account bearing No.159437740443 with the O.P Bank.  He had availed International Fund Transfer Service Facility.  On 17.3.2020 before 3 P.M. he had paid the required fees and service charges alongwith GST to the O.P through his cheque bearing No.680983 dt.17.3.20 for an amount of INR 20,32,457.60 which was required to be transferred on the same day in the Canadian Dollar, value of that day amounting to 38000 Canadian dollar.  The exchange rate for value of the Canadian dollar that day was 53.40 but the transfer could not be completed within 24 hours forwhich on 18.3.20 the bank account of the complainant reflected credit balance of INR 20,40,000.64 by post 14:57:06 IST.  Thus it is alleged by the complainant that the O.P had practised unfair trade for which he had to suffer a loss of INR 76,000/- @ Rs.2/- loss per CAD to INR conversion on 18.3.20.  The complainant has thus filed this case seeking a sum of INR 76,000/- with interest @ 7% from the O.P Bank together with a sum of INR 1,50,000/- towards his mental agony and harassment and also towards his litigation charges.  He has filed copies of certain documents in order to establish his case.

2.         Having not contested this case and having not filed the written version, the O.P has been set exparte.

3.         The points for determination in this case are as follows:

            i.          Whether the case as filed by the complainant is maintainable?

            ii.         Whether there was any deficiency on the part of O.P.?

            iii.        Whether the O.P had practised unfair trade?

            iv.        Whether the complainant is entitled to reliefs as claimed?

Points No.1,2 & 3.

            Points no.1,2 & 3 are taken up together first for consideration here in this case.  As per the documents available when perused, it is noticed that infact the money as per the International Fund Transfer Service Facility of the complainant given by the O.P, it could not be completed on 17.3.20.  It is for this, the loss due to such omission in act of the O.P, the complainant had to sustain a loss to the tune of INR 76,000/-. This content of the complainant as per his complaint petition has remained unchallenged and by not transferring the money as desired by the complainant on the same day, it can be concluded here in this case that the O.P had infact was deficient in his service towards the customer/complainant and had therefore practised unfair trade.  The case, thus, filed by the complainant is also maintainable.  Accordingly these three points are decided in favour of the complainant.

 

Point No.4.

            From the above discussion, it can be safely concluded that the complainant is entitled to the reliefs as claimed.  Hence it is so ordered;

                                                            ORDER

            The case is decreed exparte against the O.P.  The O.P is directed to pay INR 76,000/- alongwith interest @ 7% per annum from 18.3.20 till the final payment is quantified.  The O.P is also directed to compensate the complainant towards the harassment, mental agony and towards his litigation charges incurred by him to the tune of INR 1,50,000/- within a period of 30 days from the date of receipt of copy of this order.

Order pronounced in the open court on the 30^th day of July,2022 under the seal and signature of this Commission.

                                                                                                                                                                                                     

                                                                                                                                Sri Debasish Nayak

                                                                                                                                            President

                                                                                                                                                                 Sri Sibananda Mohanty

                                                                                                                                Member