<br /> COMPLAINT FILED: 29.04.2009<br /> <br /> BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN)<br /> <br /> <br /> 16th JUNE 2009<br /> <br /> <br /> PRESENT :- SRI. S.S.NAGARALE PRESIDENT <br /> SMT. M. YASHODHAMMA MEMBER <br /> SRI.A.MUNIYAPPA MEMBER <br /> <br /> COMPLAINT NO.972/2009<br /> <br /> <br /> COMPLAINANT Sri.Suresha. G.ANo.931, 1st Floor,Tungabhadra River Road,9th Main Road,Pipeline, Srinagar,Bangalore – 560 050.Advocate – Sri.Satish M.VV/s.<br /> OPPOSITE PARTY M/s.Kids Choice,No.385, Shambavi Arcade,50 Feet Road,6th Main, Nagendra Block,BSK III Stage,Bangalore – 560 050.<br /> <br /> O R D E R<br /> <br /> <br /> This is a complaint filed U/s. 12 of the Consumer Protection Act of 1986 by the complainant seeking direction to the Opposite Party (herein after called as O.P) to pay a compensation of Rs.30,000/- and litigation cost of Rs.5,000/- along with interest and cost on an allegations of deficiency in service. <br /> <br /> The brief averments, as could be seen from the contents of the complaint, are as under:<br /> <br /> On 07.03.2009 complainant purchased Daiper and baby walker from the OP for a sum of Rs.890/- by using his ATM debit card for payment. OP swiped the said card and obtained the signature of the complainant on one receipt. Complainant while updating his passbook came to know that OP had debited Rs.890/- twice from his account. OP has swiped his card twice. When complainant contacted the OP and requested to repay the excess amount of Rs.890/-, OP gave an evasive reply. The passbook extract, invoice, copy of the legal notice are produced. There was no reply to the notice from the OP. Thus complainant felt deficiency in service on the part of the OP. For no fault of his, complainant is made to suffer both mental agony and financial loss. Under the circumstances he is advised to file this complaint and sought for the reliefs accordingly.<br /> <br /> 2. On admission and registration of the complaint, notice was sent to the OP. Though OP was duly served with the notice remained absent without any sufficient reason or cause. The absence of the OP does not appear to be as bona fide and reasonable. Hence OP is placed Ex-parte.<br /> <br /> 3. In order to substantiate the complaint averments, the complainant filed the affidavit evidence and produced some documents. OP didn’t participate in the proceedings. Then the arguments were heard.<br /> <br /> 4. It is the case of the complainant that on 07.03.2009 he purchased Daiper and baby walker from the OP for a sum of Rs.890/-. For payment he used his ATM debit card. When complainant updated his passbook entry he was shocked and surprised to see an amount of Rs.890/- was deducted twice. Complainant came to know that OP has swiped his debit card twice. When complainant requested to repay the above said excess amount of Rs.890/- OP gave an evasive reply. Even after the receipt of legal notice, there was no response.<br /> <br /> 5. The copy of the invoice, passbook extract, copy of the legal notice are produced. The evidence of the complainant finds full corroboration with the contents of the undisputed documents. There is nothing to discard his sworn testimony.<br /> <br /> 6. The non appearance of the OP even after due service of the notice leads us to draw an inference that OP admits all the allegations made by the complainant in toto. OP having swiped his card twice retained an excess amount of Rs.890/- without returning the same even after personal request and receipt of legal notice dated 13.03.2009. This act of the OP amounts to deficiency in service. However complainant claimed a compensation of Rs.30,000/- which has no basis. For no fault of his, complainant is made to suffer both mental agony and financial loss. Under the circumstances it is a fit case to direct the OP to refund Rs.890/- along with compensation of Rs.500/- and litigation cost of Rs.500/-. Accordingly we proceed to pass the following: <br /> <br /> O R D E R<br /> <br /> The complaint is allowed. OP is directed to refund Rs.890/- to the complainant along with compensation of Rs.500/- and litigation cost of Rs.500/-. This order is to be complied within four weeks from the date of its communication.<br /> <br /> Send the copy of this order to both the parties free of cost.<br /> <br /> (Dictated to the Stenographer and typed in the computer and transcribed by him, verified and corrected, and then pronounced in the Open Court by us on this the 16th day of June 2009.) <br /> <br /> <br /> <br /> MEMBER MEMBER PRESIDENT<br /> <br /> <br /> <br /> Vln* <br /> <br /> <br /> <br />