Karnataka

Chitradurga

CC/81/2015

B.K.Viswanatha Reddy, S/o. B.Krishna Reddy - Complainant(s)

Versus

MCT Cards and Technology Pvt.Ltd., - Opp.Party(s)

Shri.K.P.Thippeswamy

09 Feb 2016

ORDER

COMPLAINT FILED ON : 18/09/2015

     DISPOSED ON: 09/02/2016

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHITRADURGA

 

CC. NO. 81/2015 DATED:  9th February 2016

 

PRESENT :-     SRI. T.N. SREENIVASAIAH      PRESIDENT                                      B.A., LL.B.,

                        SRI.H.RAMASWAMY,               MEMBER

                                         B.Com., LL.B.,(Spl.)

SMT.G.E.SOWBHAGYALAKSHMI,       

                                         B.A., LL.B.,                   MEMBER

 

COMPLAINANT	B.K. Viswanatha Reddy, S/o B. Krishna Reddy,  R/o 6th Cross, JCR Extension, Chitradurga.   (Rep by Sri. K.P. Thippeswamy, Advocate)
OPPOSITE PARTIES	1. MCT Cards and Technology Pvt. Ltd.,   Plot No. 22A, Shivalli Industrial Area, Manipal-576 104.   2. The Branch Manager, State Bank of Mysore, JCR Extension Branch, Chitradurga.   (OP No.1 placed ex-parte and for OP No.2 by Sri.C.J. Lakshminarsimha,  Advocate)

SRI. T.N. SREENIVASAIAH. PRESIDENT.

ORDER

The complainant has filed a complaint U/s 12 of C.P. Act 1986 against the OPs for a direction to the OPs to pay Rs.20,000 /-, cost and such other reliefs.

 

2.     The brief facts of the case of the complainant are that, he is the Holder of SB A/c bearing No.64000521471 with OP No.2 and obtained ATM cum Debit Card bearing No. 50464540-63500017899 and the same was damaged.  It is submitted that, on intimation it was locked on 30.05.2015 in Ticket No.81530051027 588933 and the same was not in working condition.  On 30.05.2015 complainant approached OP No.2 for issue of duplicate ATM card cum Debit Card and as per the advice of OP No.2 the said card was destroyed in their presence and deposited Rs.250/- towards commission charges with the OP No.2 Bank on the same day.   It is further submitted that, complainant received Master Card bearing No. 5211 10000699 6294 on 10.06.2015 and the full name of the complainant is B.K. Viswanatha Reddy.  But, in the Master Card it was printed as B. Viswanatha Reddy.  Complainant approached OP No.2 for issue of corrected card or new card and sent the said card to OP No.1 for correction or for issue of new card on 11.06.2015 through speed post with acknowledgement along with papers and the same was served on 13.06.2015 but, the OP No.1 not send the corrected or new card to him.  Complainant sent a remand letter dated 19.08.2015 to OP No.1 and the same was served on 22.08.2015 but, the OPs haven not replied to the said letters.  Therefore, there is a deficiency of service on the part of OP No.1 in not sending the corrected or new Master Card to the complainant, thereby the complainant is deprive of using the said card and he suffered mental agony.  The cause of action to the complainant arose on 11.06.2015 when he send the said card for correction or for issue of new card and the commission charges of Rs.250/- deposited with the OP No.2 on 30.05.2015.    Therefore, the conduct of the OP No.1 amounts to deficiency of service so, he sustained mental agony and etc., and prayed for allow the complaint.

3.     On service of notice OP No.1 nor its Advocate appeared before this Forum nor filed any version.  Hence, OP No.1 placed ex-parte.  OP No.2 appeared through Sri. C.J. Lakshminarasimha, Advocate and filed its version  stating that, the complainant is the holder of SB A/c bearing No. 64000521471 in OP No.2 Bank and he obtained ATM cum Debit Card bearing No.50464540-63500017899.  It is true that, complainant received Master Card bearing No.5211100006996294 on 10.06.2015 and his full name is B.K. Viswanatha Reddy but, in the said card it was printed as B. Viswanatha Reddy.  It is further submitted that, he approached OP No.2 for issue of corrected or ne card.  It is denied that, they have advised the complainant to send the said card to OP No.1 for correction or for issue of new card.  It is further submitted that, OP No.2 sent the Screen Shot of SB A/c of the complainant to OP No.1 through online requesting to issue ATM cum Debit Card, it clearly shows the initial and name of the complainant as B.K. Viswanatha Reddy but not B. Viswanatha Reddy and there is no any problem in the said ATM card and the same was clearly working but, while sending the said card by OP No.1, it is observed that, they have printed as B. Viswanatha Reddy instead of B.K. Viswanatha Reddy, which appears to be a typographical, technical or oversight error.  It is further submitted that, OP No.2 sent the request to OP No.1 to send the card in the name of B.K. Viswanatha Reddy.  It is further submitted that, if the complainant approaches the OP No.2 with a request letter, the it will forward the same to OP No.1 to get the new Master cum ATM Card to the complainant as B.K. Viswanatha Reddy but, complainant sent all the details directly to OP No.1 for which the OP No.2 is not responsible.  Therefore, there is no deficiency in service on its part and hence, prayed for dismissal of the complaint.    

        4.     Complainant himself examined as PW-1 by filing affidavit evidence reiterating the contents of complaint and documents are marked at Ex.A-1 to   Ex.A-4. 

5.     On behalf of OP No.2 one Smt. Malathi J. Pai W/o Janardhana Pai, the Branch Manager of OP No.1 examined as  DW-1 by filing affidavit evidence and not filed any documents.   

 

6.     Written arguments have been filed and oral arguments heard.

 

7. Now the Points that arise for our consideration for the decision of the complaint are that:

 

Point No.1:- Whether the complainant proves that, he is a consumer and the OPs have committed deficiency of service in rectifying the defects in the ATM cum Debit Card and he is entitled for compensation as stated in his complaint?

 

Point No.2:- What order?

 

        8. Our findings on the above points are as follows:

 

        Point No.1:- Partly Affirmative.

        Point No.2:- As per the final order.

 

                                        ::REASONS::

 

9. Point No. 1:- It is not in dispute that, complainant is having an SB A/c bearing No.64000521471 with OP No.2 and obtained ATM cum Debit Card bearing No. 50464540-63500017899 and the same was damaged.  On intimation it was locked on 30.05.2015 in Ticket No.81530051027 588933 and the same was not in working condition.  He approached OP No.2 for issue of duplicate ATM card cum Debit Card on 30.05.2015 and deposited Rs.250/- towards commission charges with the OP No.2 Bank on the same day and received the Master Card bearing No. 5211 10000699 6294 on 10.06.2015.  But, in the said Master Card it was printed as B. Viswanatha Reddy and he approached OP No.2 for issue of corrected card or new card and sent the said card to OP No.1 for correction or for issue of new card on 11.06.2015 through speed post but, the OP No.1 not send the corrected or new card to him.  Complainant sent a remand letter dated 19.08.2015 to OP No.1 and the same was served on 22.08.2015 but, the OPs have not replied to the said letters.  It shows the deficiency of service on the part of OP No.1 in not sending the corrected or new Master Card to the complainant which amounts to deficiency of service so, he sustained mental agony and etc., and prayed for allow the complaint.

10.   In support of his contention, the complainant has relied on his affidavit evidence in which he has reiterated the contents of complaint.  Complainant has also relied on documents like Bank Receipt for having paid Rs.250/- towards commission charges to get the duplicate ATM cum Debit Card marked as Ex.A-1, Copies of postal receipts with regard to sending of letter dated 11.06.2015 and 19.08.2015 to OP No.1 marked as Ex.A-2 and    Ex.A-3, Certified copy of Pass Book issued by OP No.2, marked as Ex.A-3, wherein the name of complainant is shown as B.K. Viswanatha Reddy.

 

11.   On the other hand, OP No.2 argued that, the complainant is the holder of SB A/c bearing No. 64000521471 in OP No.2 Bank and he obtained ATM cum Debit Card bearing No.50464540-63500017899.  It is admitted that, complainant received Master Card bearing No.5211100006996294 on 10.06.2015 and in the said card it was printed as B. Viswanatha Reddy.  His full name is B.K. Viswanatha Reddy.  He approached OP No.2 for issue of corrected or ne card.  OP No.2 sent the Screen Shot of SB A/c of the complainant to OP No.1 through online requesting to issue ATM cum Debit Card, with correct initial and name as B.K. Viswanatha Reddy.   There is no any problem in the said ATM card and the same was clearly working but, while sending the said card by OP No.1, it is observed that, they have printed as B. Viswanatha Reddy instead of B.K. Viswanatha Reddy, which appears to be a typographical, technical or oversight error.   OP No.2 sent the request to OP No.1 to send the card in the name of B.K. Viswanatha Reddy.  Complainant sent all the details directly to OP No.1 for which the OP No.2 is not responsible.  Therefore, there is no deficiency in service on its part and hence, prayed for dismissal of the complaint.   

12.   We have carefully gone through the complaint, affidavit evidence and the documents produced by complainant and the version filed by OP No.2.  It is seen that, he complainant is an A/c holder of OP No.2 OP No.2 and obtained ATM cum Debit Card and the same was damaged, which was locked on 30.05.2015.  Complainant approached OP No.2 for duplicate ATM cum Debit Card on 30.05.2015 and paid a sum of Rs.250/- towards commission charges for issue of duplicate ATM cum Debit card.  He received the Master Card bearing No.5211 10000699 6294 on 10.06.2015 and in the said card his name was printed as B.Viswanatha Reddy instead of B.K. Viswanatha Reddy.  He approached OP No.2 to supply corrected or new ATM cum Debit Card and send the same to OP No.1 on 11.06.2015 through Regd. Post and also sent a reminder letter on 13.06.2015 but, OP No.1 did not respond to the same, which shows the negligence and deficiency on its part and made the complainant to move from pillar to post in getting the rectified ATM cum Debit Card.   Even though the notice issued by this Forum was served on the  OP No.1 but, it remained absent.  When the complainant approached OP No. 2 to rectify the mistake crept in, in the ATM cum Debit Card, OP No.2 send the same to the OP No.1 for rectification.  But the OP No.1 takes more time to rectify the defects in the ATM cum Debi Card.  Therefore, there is a delay and deficiency in service in rectifying the defects in the said Card. Hence, we come to the conclusion that, complainant has proved that there is a deficiency of service on the part of OP No.1 in not supplying the ATM cum Debit Card and it is liable to pay compensation to him.  The contention taken by the OP No.2 is that, complainant has made it as a formal party as it is an agent and it is not responsible for the deficiency of service committed by OP No.1. Therefore, complaint as against OP No.2 is liable to be dismissed.  Accordingly, this Point No.1 is held as partly Affirmative to the complainant.

 

13.  Point No.2:- For the foregoing reasons, we pass the following.

ORDER

        It is ordered that the complaint filed by the complainant U/s 12 of CP Act 1986 is hereby partly allowed.

 

The OP No.1 is directed to pay a sum of Rs.5,000/- as compensation to the complainant towards deficiency of service.  

 

It is further ordered that, the OP No. 1 is  directed to pay a sum of  Rs.3,000/- towards mental agony and Rs.2,000/- towards costs of the proceedings. 

 

It is further ordered that, the OP No. 1 is directed to pay the above amount to the complainant within 60 days from the date of this order. 

Complaint as against OP No.2 is dismissed. 

 

 

        (This order is made with the consent of Members after the correction of the draft on 09/02/2016 and it is pronounced in the open Court after our signatures.)

 

 

 

MEMBER                                                         MEMBER                      

 

 

PRESIDENT

 

 

-:ANNEXURES:-

Complainant by filing affidavit evidence taken as PW-1

Witness examined on behalf of Complainant:

-Nil-

On behalf of OP No.2 one Smt. Malathi Pai, the Branch Manager as DW-1 by filing affidavit evidence.  

 

Witnesses examined on behalf of OP No.2:

-Nil-

 

Documents marked on behalf of Complainant:

01	Ex-A-1:-	Bank Receipt for having paid Rs.250/- towards commission charges
02	Ex-A-2 & 3:-	Copies of postal receipts with regard to sending of letter dated 11.06.2015 and 19.08.2015 to OP No.1
03	Ex-A-4:-	Certified copy of Pass Book issued by OP No.2.

 

Documents marked on behalf of Opponent:

-Nil-

 

MEMBER                                                         MEMBER                      

 

 

PRESIDENT

Rhr.,