The complainant received a cheque for Rs. 13,336/- from the opposite party. The opposite party has collected excess amount i.e. 16 monthly installments instead of 8 monthly installments through electronic clearance. After filing this complaint the opposite party refunded Rs. 13,336/- to day by way of cheque. The complainant also requested that opposite party may be directed to pay sum of Rs. 13,336/- the excess amount collected. After having given cheque the main prayer of the complainant has been settled and satisfied. The complainant has prayed compensation of Rs. 2,00,000/- towards deficiency of service and mental agony etc. However, the opposite party having promptly paid the amount after realizing the mistake the matter requires to be closed. There is no legal basis to grant compensation of Rs. 2,00,000/- to the complainant. However, the complainant has spent some amount in filing this complaint before this fora and he has paid court fee and also engaged advocate and admitting the facts of the case there is definitely deficiency of service on the part of opposite party in collecting 16 installments instead of 8 installments. Therefore, the deficiency of service is apparent on the face of record. The opposite party may be directed to pay Rs. 1,000/- as costs of the present proceedings to the complainant. In the result matter is disposed off with a direction that opposite party shall pay Rs. 1,000/- as costs of the present proceedings to the complainant. 2. Opposite party is directed to send the amount of Rs. 1,000/- directly to the complainant by way of cheque / D.D. with intimation to this forum within 20 days from the date of this order. 3. Send the copy of this Order to both the parties free of costs immediately. 4. Pronounced in the Open Forum on this 11TH DAY OF AUGUST 2009. Order accordingly, PRESIDENT We concur the above findings. MEMBER MEMBER
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