Orissa

Jharsuguda

CC/129/2017

Sri, Debananda Patel, S/O- Chhala Patel - Complainant(s)

Versus

Sales Manager Biz Bazar, Jharsuguda - Opp.Party(s)

Self

10 Apr 2018

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

 

CONSUMER COMPLAINT CASE NO. 129 OF 2017

 

Debananda Patel,

S/O- Chhala Patel,

RO/PO: H.Katapali,

PS/Dist: Jharsuguda,Odisha……………………………....……………Complainant.

     

                                           

Versus

 

1. Sales Manager,

BIG BAZAR,Jharsuguda,

At: Infront of Manmohan M.E.School Field,

PO/PS/Dist: Jharsuguda.

 

2. Branch Manager, SBI,Lamtibahal,

PO/PS: Brajrajnagar,

Dist: Jharsuguda…………………….………………..….…….....Opp. Parties.

 

 

Counsel for the Parties:-

For the Complainant                                  Self.

For the Opp. Party No.1                           Kabita Naik, Adv. & Associates.

For the Opp. Party No.2                           K.C.Agrawal, Adv. & Associates.

 

Date of Order: 10.04.2018

 

Present

1. Shri Sundar Lal Behera, President

 2. Shri Santosh Kumar Ojha, Membe

  3. Smt. Anamika Nanda, Member (W)

 

Smt. Anamika Nanda, Member (W): - The brief facts of the complainant’s case is that, the complainant has purchased some articles from the O.P.No.1 on dtd. 31.10.2017 amounting Rs.780/- only and handed over his ATM Card for payment but receipt could not be obtained from the swipe machine.  The complainant paid cash of Rs.780/- to the O.P.No.1 but after some times he received a mobile message of deduction of Rs.785/- only from his Bank account.  The complainant on next day asked the O.P.No.1 but the O.P.No.1 assured him to return the deducted amount but he did not, hence this case.

The O.Ps. appeared through their counsel after being noticed.  The O.P.No.1  submitted that  due to huge transaction through Bank ATM Card and due to technical default the receipt was not generated. The O.P.No.2 submitted that Rs.785/- only was debited from the complainant’s account on dtd. 31.10.2017 and the same was credited on dtd. 15.11.2017.  Both the O.Ps prayed for dismissal of the case.

Heard and gone through the materials available. The complainant paid cash of Rs.780/- only to the o.P.No.1 when the swipe machine did not generate receipt but it was debited from the bank account of complainant.  The statement of accounts filed by the o.P.No.2 shows that Rs.785/- only was debited on dtd. 31.10.2017 and it was credited on dtd. 15.11.2017 i.e. after filing of this case.

When the complainant informed about the said deduction to the O.P.No.1, the O.P.No.1 could have investigated the matter and credited the amount immediately but after filing of the case the O.P.No.1 have credited the same amount.  The complainant put in harassment due to such negligence attitude of O.P.No.1.

Hence we are in considered opinion to allow the complaint petition with direction to the O.P.No.1 to pay a sum of Rs.3,000/-(Rupees three thousand) only to the complainant towards harassment, mental agony including litigation cost, failing which interest will be charges @ 12% per annum to the O.P till realization.

            Accordingly the case is disposed of.

Order pronounced in the open court today the 10^th day of April’ 2018 and copy of this order shall be supplied to the parties as per rule.              

           I Agree.                              I Agree

 

S.K.Ojha, Member           S. L. Behera, President                A. Nanda, Member(W)    

                 

                                           Dictated and corrected by me

 

    A. Nanda, Member(W)