Order-9.

Date-15/06/2018.

Smt. Sangita Paul, Member

Complainant, by filing this complaint  states that he had gathered knowledge about an opening of a job work in State Bank of India (SBI), Kiosk Banking approved and initiated by the Reserve Bank of India  in which the customers could perform all their normal banking transactions like withdrawing, depositing and remitting an amount through  the internet enabled KIOSK Branch thereby saving valuable time from long banking hours as one could easily  transact their banking operations from the shop of such customer service points. It was committed that after production of all necessary documents CSP would be started in the name of Complainant within two months from the production of necessary token amount of Rs.40,000/- (Rupees forty thousand) only which was deposited in cash on 27^th April, 2015 and another 40,000/- Rupees forty thousand) only by DD being no. 304023 dated 16^th  June, 2015 was drawn in favour of (Sree Sree Venkateswara Ent) for institution  of all types of hardware and soft ware etc. OP-1 issued a code in favour of Complainant being No.1A744959 in mid December,2015. Complainant also completed training conducted by SBI. Complainant was instructed that he would get laptop, scanner and printing stationary, but nothing was given.

            In the month of December,2015 Complainant was further asked to deposit an amount of Rs.50,000/- in order to generate  the code of CSP and thereafter start the processing of the work.  In the meantime on 22^nd February, 2016 Complainant received a certificate being no. SAVE.KOL/16-17/352 stating that Complainant  has been appointed by SBI as National Level Correspondent and entrusted with the assignment of deploying  Urban / Rural CSP in  West Bengal. After getting  no fruitful  result from OPs and after delay in commencement of CSP Con- KIOSK, SBI, CSP, Kolkata,  a copy was forwarded to OP Head office of Save Solution Pvt. Ltd., Gaya, intimating them about the negligence, deficiency and delay and gross failure on their part to intimate the service of CSP even after a lapse of 09 months. After visit to Gaya Office, he was assured that the work of CSP would soon be started by Kolkata Branch Office. OPs 2 and 3 stated that they would not be able to help Complainant with regard to the work of CSP counter. If Complainant wants to commence the work, he had to deposit a fresh sum of Rs.25,000/- and all previous transactions stands forfeited, but Complainant had invested a sum of Rs.1,20,000/-. Complainant also purchased shop room in March,2016.
             Complainant again submitted Rs.25,000/- in favour of OP-1 vide DD No.304366 dated 22^nd February, 2016, but no action has been provided  by the OPs. On 15^th March, 2015 Complainant wrote an e-mail to OP-2 so that the concerned bank could understand and preceded with the new venture of CSP but till date no decision  has been taken by OP-2. Complainant wrote letters on 11^th April and 4^th May,2016 to take necessary steps on 22^nd November, 2016,  Complainant was informed  on 22^nd November,2016 that if CSP Counter is not initiated, Complainant’s  job code shall be deleted.

            Complainant states that he has been a lone victim for no fault of his own. OPs have deprived Complainant with the services. Complainant had invested an amount of Rs.2,45,000/- through his own pocket. All sorts of documents were completed from his end. In this situation, Complainant has been compelled  to file complaint before the Ld. Forum for redressal of grievances praying for direction upon OPs to take immediate step for the start up of CSP Counter in the name of Complainant and provide necessary service in connection with the same accordingly together with compensation of Rs.3,00,000/- only, for  mental agony and harassment caused to Complainant since long period of time.

            Complainant being denied service from the OPs against payment of amount mentioned above, Complainant very well falls within the definition of “Consumer” of Consumer Protection Act,1986.

            Cause of action for filing this investment complaint petition arose on and from 27^th January,2916 and is continuing till date as well as monetary transactions and delivers and dealing has been executed  within the jurisdiction of Ld. Forum.

            Hence, Complainant prays for directing the OPs to take immediate steps to intimate a Customer Service Point Centre in the name of Complainant in collaboration with the State Bank of India, KIOSK Banking, directing the OPs to pay jointly and severally compensation of Rs.3,00,000/- for mental agony and harassment caused to Complainant and also for adopting unfair trade practice, directing the OPs to pay litigation cost by Rs.25,000/- only.

            Complaint was admitted on 05.02.2018. On 02.02.2018 Complainant submits that the Postal Internet track report shows service of notice upon OP-3 on 23.02.2018.On 09.04.2018, none appears for OP-3 on call. No W/V is filed. Complainant prays for expunging the name of OP-4, prayer of Complainant is allowed. Let the matter be listed for ex parte hearing of the case. Complainant is to file E/Chief and BNA. On 07.06.2018, Argument was heard ex parte. Complainant files E/Chief. As the OPs did not appear and file E/Chief and W/V, the E/Chief of Complainant remained uncontroverted and unchallenged. We proceeded for giving judgment.

Decision with Reasons

            We have perused complaint petition, photocopy of police verification report, driving license, photocopy of bank draft, copy of e-mails addressed to the Manager, SBI, CSP, Photocopy of  e-mails addressed to Complainant, photocopy of Tenancy Agreement and other documents lying on record. Complainant heard of opening of job work in the nature of Customer Service Point (CSP) in collaboration with State Bank of India, KIOSK  Banking approved and initiated by Reserve Bank of India in which customer can perform all their normal banking transactions like withdrawal, depositing an amount through the internet enabled KIOSK Branch. It was told that after production of all necessary documents and requisite fees, CSP would be started in the name of Complainant. Complainant paid a token amount of Rs.40,000/-only, in cash on 27^th April, 2015 and another Rs.40,000/- by D.D. drawn in favour of “ Sree Venkateswara Ent. “  for installation of all types of hardware and software. OP-1 issued a code in favour of Complainant being No.1A749959. Complainant also completed training conducted by SBI. Complainant was skilled to operate the CSP. In December, 2015 Complainant was asked to deposit an amount of Rs.50, 000/- in order to generate the code of CSP. On 22^nd February, Complainant received a certificate being No. SAVE/KOL/16-17/352 stating that the Complainant has been appointed as National Level Correspondent, but Complainant was not entrusted to any work. After delay in commencement of CSP, SBI, Kolkata, on 27th January, 2016 informing that he applied for  SBI, CSP (KIOSK), he was committed  the work of CSP Counter to sixty days after the submission of all documents along with money, Complainant paid a token amount of Rs. 80,000/- by cash and by D.D.for all types of hardware and software  related  works like supply of Laptop, Scanner and  Photocopier machine, Camera. Biometric, Internet, Banner and printed stationeries required for CSP Counter, but Complainant did not receive any positive response from the Administration Officers of “Save Solutions’. Complainant was again asked to pay Rs.50,000/- because Rs. 40,000/- which was paid in cash was taken as commission for  the agents and for officers of Save Solutions and Rs.40,000/- which was paid through DD would be used for buying hardware and soft ware. Complainant received nothing against payment of Rs.40,000/- paid through Demand Draft. Complainant took a rented room and spent a lot for rent and electricity charges, but no software and hardware were sent. The Officers of SAVE Solutions took money for themselves, but it was not mentioned to Complainant earlier. Complainant   knows that he was giving money for installation of Software and hardware. The activities of Save Solutions falls within the unfair trade practice. On April 11, 2016 Complainant again wrote letters to Save Solutions Pvt. Ltd. to solve the problem so that Complainant could start his work. Save Solutions received money, but did not render service, so they are different in rendering service. As they are unable to start work, they must repay the amount, but they did not. Neither they rendered adequate service nor paid back the money of Rs.80,000/- (Rs.40,000/- was  taken in cash and Rs.40,000/- through DD). On April 28, 2016 Complainant again wrote letter to Save Solutions and requested them to start the work of CSP Counter within last week of April,2016. From 27^th January, 2016 to 28th April, 2016 Complainant knocked at the  door of  the OP for several times, but there was no response from the OP’s end. They did not refund money of Rs.80,000/-  nor they started the KIOSK. Complainant is subjected to immense harassment, pain and mental agony. Complainant is entitled to relief. In the result, complaint succeeds.

Hence,

Ordered

That the complaint be and the same is allowed ex parte against the OPs with cost of Rs.3,000/- ;

            That the OPs are jointly and severally  directed to take immediate steps to start up a Customer Service Point (CSP) Counter in the name of Complainant within one month from the date of this order or pay back Rs.40,000/- with 7 percent interest p.a from 27.04.2015 and  Rs. 40,000/- with 7 percent interest p.a from 16.06.2015  till final payment within one month from the date of this order ;

            OPs are jointly and severally further directed to pay compensation for Rs.10,000/- to the Complainant within the stipulated period.  

That failure to comply with the  above order will entitle the Complainant to put the order into execution under appropriate provision in C.P. Act.