BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

VAZHUTHACAUD : THIRUVANANTHAPURAM

PRESENT

C.C.No: 361/2013   Filed on 29.06.2013

ORDER DATED: 29.06.2018

Complainants:

(Party in person)

Opposite party:

(by Adv. S. Harichandran)

This C.C having been heard on 08.05.2018, the Forum on 29.06.2018 delivered the following:

ORDER

SMT. LIJU B. NAIR, MEMBER:

Case of the complainant is as follows.  The 1^st complainant is a savings bank account holder with the opposite party bank.  Her account number is 67171687169.  On 29.04.13 she booked two air tickets using the above account through debit card through internet for her son to travel from Trivandrum to Mumbai and back from Mumbai to Trivandrum.  This ticket was purchased from the company M/s. Make-my-trip.com.  The booking was done by 1^st complainant using her son’s e-mail id.  A sum of Rs.5,996/- and Rs.5,472/- were deducted from her SB Account referred above.  Subsequently due to personal reasons she cancelled the above two tickets on 13.05.13 through internet and got confirmation on cancellation.  In the statement the Make-my-trip.com had assured them of the refund within 1 or 2 working days.  As per the information provided by the opposite party bank, the money was not reached there, hence on 03.06.13 her son made a complaint to M/s. Make-my-trip.com and the reply received from them.  There was continuous communication with M/s. Make-my-trip.com.  Since the money was not credited in her account till 21.06.13.  The complainants checked with the bank many times as and when they receive communication from M/s. Make-my-trip.com.  But bank was giving the false information that money has not reached the bank.  On 29.08.13, Bank Manager informed the 1^st complainant through phone that the money has reached the bank on 17.05.13 itself.   Hence she withdrew the complaint against M/s. Make-my-trip.com and filed complaint against the opposite party bank on that day itself.   Even though the money has reached the bank in time the bank was giving false information till 29.08.13.  As per the directives of RBI, within 7 days the manager would have credited the money from the suspense account to her account and failing which the complainant is entitled for a compensation of Rs.100/- per till the money is credited.

Opposite parties filed version contenting as follows.   It is true that the complainant had booked e-ticket for Bombay up and down journey on 29.04.2013 through make-my-trip and she had made e-payment on the same day through internet banking facility as per complainant’s SB account statement.  Subsequently complainant had cancelled the e-ticket using internet facility.  Only on 21.06.2013 complainant had filed a complaint before this Honourable Forum against the actual opposite party i.e. ‘make-my-trip’ as CC-268/2013.  Subsequently complaint against ‘make-my-trip is withdrawn and filed fresh complaint against this opposite party without any cause of action against this opposite party.  Subsequently bank received in its suspense account an amount of Rs.4,747 and Rs.4,222/-.  This was credited to the complainant’s account on 01.08.2013 as per fair banking practice even without a written request or complaint from the complainant.  In this connection it may also be noted that evidence of having booked e-ticket for the above amount was not in her account.  In this case, the complainant had neither enquired with bank about e-ticket and its cancellation nor submitted a written complaint regarding the
e-ticket and its cancellation.  The complainant came to the opposite party bank only on 29.08.2013 and enquired about the refund.

Issues

1. Whether the complainant’s case is proved?
2. If so, reliefs and costs?

Issues 1& 2

          Complainants filed affidavit along with documents which were marked as Ext. P1 to P13 and complainant was examined as PW1.  Opposite parties also filed affidavit and was examined as DW1.  Ext. D1 to D3 are the documents of the opposite party.  Gone through rival cases.  This is a case where the amount due to the complainant as per a ticket cancellation done with her account was not credited in time.  For the refund of cancellation she filed a complaint before this forum which was closed as and when make-my-trip the agent through which booking was done, credited the amount to the 1^st complainant’s account.  Opposite party contacted that since the amount debited from her account was greater than the credited amount by the make-my-trip, they were unable to trace the customer and so they kept the amount in the suspense account.  Their contention is that the complainant never approached them enquiring about the credited amount by make-my-trip.  At last as part of fair banking system, they themselves credited the amount to the complainant’s account.  Make-my-trip credited the amount on 17.05.13 and it was in the suspense account till 01.08.13.  Opposite party themselves admits that as part of fair banking system, they themselves identified the customer and credited the amount to the customer’s account.  But what prevented the opposite party from identifying the customer at the earliest.  As per guidelines of RBI, a consumer complaint is to be resolved within 7 days in case of re-credit.  Here it took 75 days to credit the amount from suspense account to the account of the complainant.  There is   gross  negligence on the part of the opposite party bank.  As per RBI guidelines for each delayed date customer is eligible for a compensation of Rs.100/- per day.  So going with the same compensation complainant is eligible to get Rs.7,500/- (75x100) as compensation.  A poor customer is unnecessarily dragged to a litigation for which she is to be compensated which we fix as Rs.5,000/-.  No order on cost.

          In the result, complaint is allowed.   Opposite party is ordered to pay the complainant Rs.7,500/- along with Rs.5,000/- as compensation within a month of receipt of this order, failing which the entire amount will carry interest at the rate of  9% till the date of realisation.  No order on cost.

A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Forum, this the 29^th day of June, 2018.

SL

C.C.No.361/2013

APPENDIX

1. COMPLAINANT’S WITNESS

2. COMPLAINANT’S DOCUMENTS

3. OPPOSITE PARTY’S WITNESS

4. OPPOSITE PARTY’S DOCUMENTS

5. COURT EXHIBITS

                                                                                       Sd/-

PRESIDENT