Tamil Nadu

South Chennai

CC/392/2014

M/s.Bharani - Complainant(s)

Versus

M/s.India Bank - Opp.Party(s)

C.E.Pratap

12 Jun 2019

ORDER

                                                                        Date of Filing  : 23.09.2014

                                                                          Date of Order : 12.06.2019

                                                                                  

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

@ 2^ND Floor, T.N.P.S.C. Road, V.O.C. Nagar, Park Town, Chennai – 3.

 

PRESENT: THIRU. M. MONY, B.Sc., L.L.B, M.L.                    : PRESIDENT

TR. R. BASKARKUMARAVEL, B.Sc., L.L.M., BPT., PGDCLP.  : MEMBER

 

C.C. No.392/2014

DATED THIS WEDNESDAY THE 12^TH DAY OF JUNE 2019

                                 

Mr. V. Bharani,

S/o. Mr. S. Velan,

AB 28, 5^th Cross Street,

Anna Nagar,

Chennai – 600 040.                                                        .. Complainant.                                            

 

                                                                                             ..Versus..

 

M/s. Indian Bank,

Represented by its Branch Manager,

SIDCO Building,

GST Road,

Guindy,

Chennai – 600 032.                                                    ..  Opposite party.

 

Counsel for the complainant      : M/s. C.E. Pratap & others

Counsel for the opposite party  : M/s. A.V. Prakash & another

 

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainant against the opposite party under section 12 of the Consumer Protection Act, 1986 prays to remit an amount of USD 7,177.50/- together with interest at the rate of 24% p.a. from 22.10.2012 till the date of payment, to pay a sum of Rs.1,50,000/- towards travelling expenses to China and to pay a sum of Rs.5,00,000/- towards compensation for mental agony, pain, sufferings, deficiency in service, negligence and unfair trade practice with cost to the complainant.

1.    The averments of the complaint in brief are as follows:-

The complainant submits that he is holding a Current Account No.917954798 with the opposite party since 2011.  The complainant submits that on 22.10.2012, to his shock and surprise, that the opposite party erroneously debited USD 7,177.50 from his account unauthorizedly.  The complainant submits that immediately after brought to the notice of the opposite party, he admitted the said transaction was happened due to inadvertence and mistake and assured that the USD 7,177.50 will be remitted back to the account of the complainant at the earliest.  Thereafter the opposite party, forwarded an email dated:25.10.2012 stating that an email to one Mr. Bonnie of M/s. Likey Electronics Technology Limited, China and requested to refund USD 7177.50, the unauthorisedly / erroneously debit transaction.  The complainant also, visited China which was ended in vain.   The opposite party has failed and neglected to remit the amount in the account of the complainant which caused great mental agony.  Hence, the complainant issued legal notice dated:01.08.2014 for which, the opposite party sent a reply dated:08.08.2014.  Due rejoinder dated:13.09.2014 issued by the complainant and the opposite party admitted their mistake but not come forward to settle the claim of the complainant.   The act of the opposite party amounts to deficiency in service and unfair trade practice which caused great mental agony.  Hence, the complaint is filed.

2.      The brief averments in the written version filed by opposite party is as follows:

The opposite party specifically denies each and every allegation made in the complaint and put the complainant to strict proof of the same.    The opposite party states that the complaint itself is not maintainable because, the complainant is that Proprietor of M/s. Allied Care Products having its Registered Office at Anna Nagar.  On the request of the complainant by its letter dated:17.10.2012, the opposite party is authorised to transfer USD 7177.50 from the current account of the complainant to M/s. Likey Electronic Technology for purchase of Micro SD Memory cards.  The opposite party also transferred the said amount on 22.10.2012 to the beneficiary.  The opposite party states that the complainant came to the opposite party bank itself on 25.10.2012 and requested the Desk Officer to give stop payment on the ground that beneficiary company is a fraudulent company.  The opposite party states that on humanitarian ground alone, the opposite party issued an email stating that the transaction made erroneously.  The opposite party states that there is no deficiency in service as claimed by the complainant.  The opposite party states that the complainant has already received the amount claimed in the complaint from the beneficiary M/s. Likey Electronic Technology Co. Ltd. by adjusting the said amount by way of subsequent business deals is proved from Proforma Invoice dated:12.10.2012 issued by M/s. Likey Electronic Technology Co. Ltd. for purchase of Micro SD Card 2GB (12,500 Nos.) and 4GB (12,500 Nos.).  The opposite party states that for the above said invoices, the total purchase value is of USD 15,250, in which 8,000 USD as advance was transferred from his account on 02.11.2012 with M/s. Bright Fish Limited and remaining USD of 7,250 was not transferred till date and it will prove that the amount claimed by the complainant was adjusted in the 2^nd transaction.  The opposite party states that even as per the complainant’s letter dated:17.10.2012, the complainant has undertaken/declared that in case import fails he himself would arrange to get back the money USD 7,177.50.   There is no deficiency in service on the part of the opposite party and hence, the complaint is liable to be dismissed.

3.     To prove the averments in the complaint, the complainant has filed proof affidavit as his evidence and documents Ex.A1 to Ex.A4 are marked.  Proof affidavit of the opposite party is filed and documents Ex.B1 to Ex.B10 are marked on the side of the opposite party.

4.      The points for consideration is:-

1. Whether the complainant is entitled to get refund of USD 7,177.50 with interest at the rate of 24% p.a. as prayed for?
2. Whether the complainant is entitled to a sum of Rs.1,50,000/- towards travel expenses to China as prayed for?
3. Whether the complainant is entitled to a sum of Rs.5,00,000/- towards compensation for mental agony, pain, sufferings, deficiency in service and unfair trade practice with cost as prayed for?

5.      On point:-

Both parties filed the respective written arguments. Heard their Counsels also.  Perused the records namely; the complaint, written version, proof affidavits and documents.  The complainant pleaded and contended that he is holding a Current Account No.917954798 with the opposite party.   Further the contention of the complainant is that on 22.10.2012, to his shock and surprise, that the opposite party erroneously debited USD 7,177.50 from his account unauthorizedly.  Further the contention of the complainant is that immediately after brought to the notice of the opposite party, he also admitted that the said transaction is happened due to inadvertence and mistake and assured that the USD 7,177.50 will be remitted back to the account of the complainant.  Thereafter the opposite party, forwarded an email dated:25.10.2012 as per Ex.A1 stated that an email to one Mr. Bonnie of M/s. Likey Electronics Technology Limited, China and requested to refund USD 7177.50, the unauthorised / erroneous debit transaction.  The complainant also, visited China which was ended in vain.   The opposite party has failed and neglected to remit the amount in the account of the complainant which caused great mental agony.  Hence, the complainant was constrained to issue legal notice dated:01.08.2014 as per Ex.A2 for which, the opposite party sent a reply dated:08.08.2014 as per Ex.A3.  Due rejoinder dated:13.09.2014 as per Ex.A4 issued by the complainant and thereafter, filed this case for the refund of the USD 7177.50 with interest and compensation.   Further the contention of the complainant is that as per Ex.A1, email, the opposite party very clearly admitted that “Since it is a mistake on the part of the banker Manager-in-Charge, kindly give a debit authority to refund the money” proves the deficiency in service on the part of the opposite party.

6.     The learned Counsel for the complainant cited the decision reported in

THE NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI

Consumer Case No.56/2013

Between

V and S International (P) Ltd.

-Versus-

Axis Bank and Ors.

Held that

          “Immediately on becoming aware about the said transactions, the complainant addressed an e-mail on 12.09.2012 at 1.21 p.m. informing the Bank that the said three cheques had been fraudulently encashed for a sum of 113.25 Lakhs, despite giving ‘stop payment’ instructions.  The Bank requested the Complainant to lodge a Complaint in writing along with a copy of the said ‘stop payment’ letter and the same was sent to the Bank within a span of a few hours.   The Bank replied on 15.09.2012 and assured the Complainant of responding at the earliest.  The Complainant also sent a letter on 13.09.2012 which was served upon the Bank on 14.09.2012 with a reminder letter on 18.09.2012 and an e-mail dated:18.09.2012”.

7.     The learned Counsel for the opposite party would contend that the complaint itself is not maintainable because, the complainant is the Proprietor of M/s. Allied Care Products having its Registered Office at Anna Nagar. On the request of the complainant by its letter dated:17.10.2012 as per Ex.B2 & Ex.B3, the opposite party is authorised to transfer USD 7177.50 from the current account of the complainant to M/s. Likey Electronic Technology for purchase of Micro SD Memory cards.  The opposite party also transferred the said amount on 22.10.2012 to the beneficiary.  But on a careful perusal of Ex.A1 and the complaint, it is very clear that the opposite party inadvertently and mistakenly transferred the said amount to one Mr. Bonnie. The said Mr. Bonnie is a different person and there is no authorisation given by the complainant to transfer the amount to Mr. Bonnie.   As per the letter dated:17.10.2012 Ex.A2, the Authorization given to transfer the amount to M/s. Likey Electronic Technology Co. Ltd, Hong Kong.  Further the contention of the opposite party is that the complainant came to the opposite party bank itself on 25.10.2012 and requested the Desk Officer to give stop payment on the ground that beneficiary company is a fraudulent company.  But the opposite party is not able to accept the request of the complainant.  There is no iota of evidence in this case also.  Further the contention of the opposite party is that on humanitarian ground alone, the opposite party issued an email as per Ex.A1 stating that the transaction made erroneously, it cannot be accepted because, on a careful perusal of records, it is seen that M/s. Likey Electronic Technology Co. Ltd. and Mr. Bonnie are different persons.  Equally, after brought to the knowledge of transfer of amount to Mr. Bonnie, the complainant requested for stop payment which has not been complied by the opposite party.   

8.     Further the contention of the opposite party is that there is no deficiency in service as claimed by the complainant.  But it is very clear that USD of 7,177.50 has been transferred to Mr. Bonnie which is against the authorization.    Further the contention of the opposite party is that the complainant has already received the amount claimed in the complaint from the beneficiary M/s. Likey Electronic Technology Co. Ltd. by adjusting the said amount by way of subsequent business deals is proved from Proforma Invoice dated:12.10.2012 issued by M/s. Likey Electronic Technology Co. Ltd. for purchase of Micro SD Card 2GB (12,500 Nos.) and 4GB (12,500 Nos.) as per Ex.B1. But there is no delivery challan filed in this Forum. Equally, the Proforma Invoice dated:01.11.2012 issued by M/s. Bright Fish Limited as per  Ex.B5 for the purchase of Micro SD Card 2GB (12,500 Nos.) 4GB (12,500 Nos.) for that also, there was no delivery challan produced  before this Forum.  Further the contention of the opposite party is that for the above said invoices as per Ex.B1 & Ex.B5, the total purchase value is of USD 15,250, in which 8,000 USD as advance was transferred from his account on 12.11.2012 as per Ex.B6 with M/s. Bright Fish Limited and remaining USD of 7,250 was not transferred till date.  But on a careful perusal of Ex.B5 to Ex.B7, it is seen that M/s. Bright Fish Ltd. USD 15250 has been transacted through HSBC, Hong Kong in which the opposite party acknowledged.  Hence, the allegation that the complainant has not paid the balance USD of 7,250 is false.  Considering the facts and circumstances of the case, this Forum is of the considered view that the opposite party shall refund the USD 7177.50 with compensation of Rs.15,000/- for mental agony with cost of Rs.10,000/- to the complainant.

In the result, this complaint is allowed in part.   The opposite party is directed to refund the USD 7177.50 (Seven thousand one hundred and seventy seven point five zero only) being erroneously debited from the account of the complainant and to pay a sum of Rs.15,000/- (Rupees Fifteen thousand only) towards compensation for mental agony with cost of Rs.10,000/- (Rupees Ten thousand only) to the complainant.

The above  amounts shall be payable  within six weeks from the date of receipt of the copy of this order, failing which, the said amounts shall carry interest at the rate of 9% p.a. to till the date of payment.

Dictated  by the President to the Steno-typist, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 12^th day of June 2019. 

 

MEMBER                                                                                PRESIDENT

 

COMPLAINANT SIDE DOCUMENTS:-

Ex.A1	25.10.2012	Copy of email from the opposite party
Ex.A2	01.08.2014	Copy of legal notice along with proof of delivery
Ex.A3	08.08.2014	Copy of reply by the opposite party
Ex.A4	13.09.2014	Copy of rejoinder to the reply along with proof of delivery

 

OPPOSITE PARTY  SIDE DOCUMENTS:-

Ex.B1	12.10.2012	Copy of Proforma Invoice
Ex.B2	17.10.2012	Copy of authorisation letter from the complainant to transfer funds to Likey Electronics
Ex.B3	17.10.2012	Copy of Declaration letter from the complainant
Ex.B4		Copy of Form-1A
Ex.B5	01.11.2012	Copy of Proforma Invoice
Ex.B6	12.11.2012	Copy of authorization letter from the complainant to transfer funds to M/s. Bright Fish ltd.
Ex.B7		Copy of declaration letter from the complainant
Ex.B8		Copy of Form-1A
Ex.B9	18.09.2014	Copy of reply notice
Ex.B10		Copy of Statement of Accounts

 

 

 

MEMBER                                                                               PRESIDENT