Order dictated by:

Sh.Anoop Sharma, Presiding Member

1.       Jagjit Singh complainant has brought the instant complaint under section  12 & 13 of  the Consumer Protection Act, 1986 on the allegations that he is having account No. 06181100053948 with the opposite party No.1 bank. The complainant is running a small shop  without employing any permanent employee for earning his livelihood by means of self employment, as such complainant is a consumer as provided under the Consumer Protection Act. The complainant sent a NEFT of Rs. 1,20,000/- on 2.9.2016 through opposite party No.1 and to be paid through opposite party No.2, who charged their service charges in favour of DISH INFRA SERVICES PVT.Ltd. But inadvertently complainant gave wrong account No. 005805000058 instead of 005805007377. It is pertinent to mention here that the name of the recipient is correct  and the said amount was not credited to the account of the recipient nor returned to the complainant. Thereafter complainant approached the opposite parties many a times for the refund of Rs. 1,20,000/-, but the opposite parties put off the matter on one pretext or the other . In this regard opposite party No.1 made communication to opposite party No.2, but to no avail. Vide instant complaint, complainant has sought for the following reliefs:-

(a)     Opposite party No.2 be directed to pay the amount of Rs. 1,20,000/- to DISH INFRA SERVICES PVT.LTD having account No. 005805007377 or return to the complainant alongwith interest accrued thereon ;

(b)     Opposite parties be also directed to pay compensation to the tune of Rs. 50000/- alongwith adequate litigation expenses.

Hence, this complaint.

2.       Upon notice, opposite party No.1 appeared and filed written version in which it was submitted that M/s. J.K.Enterprises through its Prop. S.Jagjit Singh is holder of an account No. 06181100053948 with opposite party No.1 bank. The complainant hired the services of opposite party No.1 to send NEFT by debit of its account to the account of beneficiary with opposite party No.2. The complainant submitted a cheque No. 000016 dated 2.9.2016 for Rs. 1,20,000/- to the opposite party to send NEFT  to account No. 005805000058 favouring Infra Services Pvt.Ltd. Accordingly on the request of the complainant , the said amount of Rs. 1,20,000/- was debited from the account of the complainant  and NEFT amounting to Rs,. 1,20,000/- was sent to the abovesaid account by opposite party No.1 on 2.9.2016 vide UTR No. PSIBH16246045674, Transaction No. SDL16450340. Thereafter the complainant approached opposite party No.1 bank and stated that the said NEFT was not received by  the concerned party i.e. Dish Infra Services Pvt.Ltd, Mohali. As such on the request of the complainant , an enquiry was made from opposite party No.2 about the said NEFT  and it was found that account number of the beneficiary has been wrongly mentioned by the complainant on the said cheque as 005805000058 instead of 005805007377 and further the said amount has been wrongly credited in said account No. 005805000058 by opposite party No.2 bank. However, the name of the recipient was correct and the said payment was not credited to the account of the recipient not returned to the complainant . The opposite party No.1 made regular correspondence with opposite party No.2 and requested them to return the said amount which has  been wrongly credited in the wrong account by opposite party No.2. It is pertinent to mention over here that through opposite party No.2 admitted that the said amount has been wrongly credited in a wrong account, yet opposite party No.2 did not refund the said amount of Rs. 1,20,000/- . As such mistake occurred due to wrong filling of account number of beneficiary by the complainant himself and also due to wrong credit  of opposite party No.2 in account No. 005805000058 and there is no negligence or deficiency in service on the part of replying opposite party.

3.       Whereas opposite party No.2 did not opt to put appearance, as such it was ordered to be proceeded against ex-parte.

4.       In his bid to prove the case Sh.Deepinder Singh,Adv.counsel for the complainant tendered into evidence duly sworn affidavit of the complainant Ex.C-1, copies of e-mails Ex.C-2 and C-3 and closed the evidence on behalf of the complainant.

5.       To rebut the aforesaid evidence Sh.R.K.Mahajan,Adv.counsel for the opposite party tendered into evidence affidavit of Sh.Jarnail Singh,Sr.Manager Ex.OP1/1, copy of cheque dated 2.9.2016 Ex.OP1/2, certified copy of transaction report Ex.OP1/3, copies of e-mails Ex.OP1/4 to Ex.OP1/6, copy of letter dated 8.9.2016 Ex.OP1/7 and closed the evidence on behalf of opposite party.

6.       We have heard the ld.counsel for the complainant as well as ld.counsel for opposite party No.1 and have carefully gone through the record on the file.

7.       From the facts and  circumstances of the case, it becomes evident that complainant being holder of account No.06181100053948 sent a NEFT of Rs. 1,20,000/- on 2.9.2016 through opposite party No.1 and to be paid through opposite party No.2  in favour of DISH INFRA SERVICES PVT.LTD.. However, inadvertently complainant gave the wrong account No. 005805000058 instead of 005805007377 while the name of the recipient was correct. But, however, the said amount was not credited to the account of the recipient nor the same has been returned to the complainant. In this regard complainant approached the opposite parties many a times and requested them either to credit the NEFT amount of Rs. 1,20,000/-  in favour of Dish Infra Services Pvt.Ltd or to return the same to the complainant  . In this context complainant also sent e-mails to opposite party No.1, copies of which are Ex.C-2 as well as Ex.C-3, who further made communication to opposite party No.2, but to no effect. The opposite party No.1 also admitted the said fact that account number of the beneficiary has been wrongly mentioned by the complainant on the cheque as “005805000058” instead of “005805007377” while the name of the recipient has been mentioned correctly. The said amount has been wrongly credited in account No. 005805000058 by opposite party No.2 i.e. ICICI Bank. In this regard opposite party No.1 made regular correspondence through e-mails with opposite party No.2 and requested them  to return the said amount  which has been wrongly credited in the wrong account by opposite party No.2, copies  of e-mails account for Ex.OP1/4 to Ex.OP1/6, but opposite party No.2 did not make any effort to credit the said amount in the correct account i.e. 005805007377.  The opposite party No.2 also did not put in appearance to rebut the evidence adduced by the complainant as well as opposite party No.1, as such  opposite party No.2 impliedly admitted the allegations . As such, we hold that opposite party No.2 is  liable to refund the amount of Rs. 1,20,000/-  either to opposite party No.1 or to the complainant.

8.       In view of the above discussion,  the present complaint is dispose of with the direction to opposite party No.2 to return the amount of Rs. 1,20,000/-  to opposite party No.1, who further return the same to the complainant . Besides that opposite party No.2 is also directed to pay litigation expenses to the tune of Rs. 2000/- to the complainant. However, case against opposite party No.1 stands dismissed. Compliance of this order be made within a period of 30 days from the date of receipt of copy of this order ; failing which complainant shall be entitled to get the order executed through the indulgence of this Forum. Case could not be disposed of within the stipulated period due to heavy pendency of the cases in this Forum. Copies of the orders be furnished to the parties free of costs. File is ordered to be consigned to the record room.

Announced in Open Forum

Dated : 7.4.2017