ORDER
(Passed this on 22nd March, 2017)
Sau. Chandrika Kishorsingh Bais,Member-
01. The Complainant filed this Consumer Case against O.P. Under Section 12 of C.P. Act-1986.
02. Complainant visited O.P.No.-1had placed order for purchasing 175 cm. Cloth material of D-decore Company. She is having her bank Account in the Nationalized Bank, i.e. Bank of India, Branch Sitabuldi Nagpur. O.P. No.1 is having bank Account with Union Bank of India, Gokulpeth Branch, Nagpur. In the shop of O.P. there is a facility of payment through debit card. When the card is swiped through the machine, the card details which include card number, name, location and expiry date of the card is read by the terminal. After placing the order with the O.P. No.-1 Complainant gave her debit card for making payment of Rs.-593/- to the O.P. That the Executive of O.P. No.-1 had swiped the card, but the swiping machine showed error and the said executive told to the Complainant that she will have to swipe the card for second time and repeated it for the third time also. That the Complainant had noticed this and then she was informed that the swipe machine is showing error. When the Complaint had objected to this act, she had informed by the O.P. that debit card of the Complainant is invalid and also informed that no amount had been deducted from her account and she was required to make payment by cash.
The O.P. had asked the Complainant to verify her bank account status and if any deduction is found, they will return the said excess amount. That keeping all this in mind the Complainant insisted that to pay Advance payment of Rs.-300/- and she made payment of Rs.-300/- to the O.P. on 28/10/2012 and balance payment of Rs. 293/- was to be paid after the delivery of the said cloth. After leaving the shop of O.P.No.-1, Complaint went to ATM Machine and verified whether any amount is deducted from her Account while she had swiped the card for payment of Rs.593/-. She was shocked to found that Rs.593/- were deducted from her Account. That on the next day the she updated her pass book in the Bank, in which a clear entry is made in the name of Skipper Furnishing for payment of Rs.-593/-. However when she approached to the O.P. No.-1 with her Pass-book he casually ignored her complaint and made several excuses. Moreover the Complaint also received SMS informing that “ *BOI* Star Sandesh* Rs.593/- has been debited to Your AccountXXXXX6656 from POS-SKIPPER FURNISHINGS On 28/10/2012. Available Balance 10001.00”. However the same was received on the next day.
Copy of the Account pass book entry is filed as Document No.-2.
After several requests and after awaiting for hours & hours , the O.P. NO.-1 had made an illogical & irresponsible statement and asked the Complainant to verify from her Bank as the entry in the Account pass book of the Complainant appears to be an error. According to the Complaint her Account is in the Nationalized Bank and there is no possibility of error. But even though she visited in the Bank and talked to the Manager regarding this. He cleared that the pass book entry is correct and the Payment already made through swipe machine to the O.P.No.-1 and he also informed that there is some mismanagement in the electronic systems of O.P.No.-1. That the Opposite Parties had received entire payment of Rs. 593/- and also received advance payment of Rs. 300/- from the Complainant. The Opposite Parties straightly denied the complaint of Complainant and wrongly guided her to visit her bank and the bank of O.P. also, severally. The Complainant served the notice to the Opposite Parties regarding swipe machine transaction of Rs.-593/-. That the Complainant has clarified that the purchasing was done on Sunday and at the end of the month. So it was the responsibility of the O.P. to verify every thing instead of harassing her. The O.P. also responsibility to check their swipe machine in order to avoid
any malpractice. The Opposite Parties had not given any response to her complaint so she filed this complaint against the Opposite Parties and prayed following demands-
The Opposite Parties are directed to pay total Rs.20,000/- along with interest 18% Per annum towards overall expenses and mental harassment to the Complainant & also pay Rs.5000/- complaint cost to the Complainant.
03. Opposite Party No. 1 filed reply and objected that the Complainant debited amount of Rs.593/- but the same is not credited to the O.P.1 Account and hence the Complainant should approach to her Bank instead demanding money from the O.P. No.-1 and therefore the present complaint is liable to be dismissed for non-jonder of necessary party. It is not disputed that the executive of the O.P. swipe the card but the swiping machine showed error and it is cleared that there is no payment received from the Complainant to the O.P.No.-1 through swipe machine. It is denied that the executive swipe the card repeatedly for three times. The executive of the O.P. requested to the Complainant to make payment of Rs.-593/- in cash. All other allegations of the Complainant is totally denied by the O.P.No.-1. The O.P.No.-1 had shown his Bank Account Statement to the Complainant in the month of Oct.-2012 from 01/10/2012 to 30/11/2012 but there is no entry of Rs.593/- credited in his account. The O.P. admitted that the legal notice of Complainant received him and same replied on dated-13/12/2012. The O.P.No.-1 Account never credited the amount of Rs.-593/- from the Complainant bank Account therefore there is no question arise to repay such amount to the complainant. The O.P.No.1 further narrated that if the transaction is accepted by the banker of the customer, then machine automatically generates a receipt but no such thing ever happened in this transaction and machine does not generate any receipt. When the payment is received through credit card or debit card a computerized slip generated by the machine which shows transaction ID. In the present case neither machine generate the slip nor there is amount credited in O.P. Account. Therefore the O.P. cannot be held responsible for any relief which is claimed by the Complainant.
04. None appeared on behalf of O.P.No.-2 before the Forun though the notice was served to him and he did not submit any reply.
05. Heard Ld counsel of the Complainant. Perused documents which is filed by both the parties and notes of
arguments. Upon considering the same we record our findings and reasons as under.
FINDINGS AND RESONS
06. The main complaint of Complainant is that she has a debit card facility of nationalized Bank and she visited O.P.No.-1 shop for purchasing on 28/10/2012 & placed the order of 175 cm Cloth Material of D-decore company, after placing the order she gave her debit card to the executive of the O.P.No.-1 for making payment of Rs.-593/- but three times swipe machine had shown error. On the same day she visited ATM Center and printed bank transactions which shows that the payment of Rs.-593/- was deducted in her Bank Account. On the next day she also visited to the Bank and printed the statements of her bank savings wherein shows that on 29/10/2012 MEDR/SKIPPER FURN/45634 Amt. withdrawn Rs.-593/-. The Complainant submitted her Bank of India, Branch-Sitabuldi, Nagpur Account statement which shows that the payment of Rs.-593/- already paid to the O.P.No.-1.
The Complainant further narrated that on 28/10/2012 the O.P.No.-1 compelled to her to pay Rs.300/- advance payment against her order No.1298 and she paid Rs.-300/- & obtained receipt No.1171. The Complainant also submitted the said receipt, which shows that she paid Rs.300/- to the O.P.No.-1
07. On the other hand O.P. NO.1 in his reply denied all the allegations which is leveled by the Complainant against him. Complainant debited amount of Rs.593/- but the same is not credited to the O.P.1 Account. He admitted that the executive operated swipe the card but the swiping machine showed error. The executive of the O.P. requested to the Complainant to make payment of Rs.-593/- in cash. The O.P.No.-1 had shown his Bank Account Statement to the Complainant in the month of Oct.-2012 from 01/10/2012 to 30/11/2012 but there is no entry of Rs.593/- credited in his account. On the above contention of O.P.No.-1 he also submitted his Bank Statement of Union Bank of India, Branch Gokulpeth, Nagpur for the period from-01/10/2012 to 31/10/2012, it reveals that there is no entry of transactions of Complainant on-28/10/2012 of Rs.-593/-
08. Complainant and O.P. both the submitted evidence in support of their contentions. The O.P. No.-1 objected in his reply that Complainant debited amount of Rs.593/- but the same is not credited to the O.P.1 Account and hence the Complainant should approach to her Bank instead demanding money from the O.P. No.-1 and therefore the present complaint is liable to be dismissed for non-jonder of necessary party. O.P. No.1 also objected that When the
payment is received through credit card or debit card a computerized slip generated by the machine which shows transaction ID. In the present case neither machine generate the slip nor there is any amount credited in O.P. Account.
09. The Complainant paid the amount to the O.P.No.-1 through swipe machine and submitted printed statements of her bank savings wherein shows that on 29/10/2012 MEDR/SKIPPER FURN/45634 Amt. withdrawn Rs.-593/- in her account. In that situation, it is necessary to make a party to the concerning both Banks, i.e.Bank of India, Branch Sitabuldi Nagpur where Complainant having Saving Bank Account & Union Bank of India, Gokulpeth Nagpur where O.P. having Bank Account. If Complainant would make a party to the concerning Bank’s Manager in her complaint, then they would throw the light of disputed transactions whether actual payment was to be made to the O.P.No.-1 or not. The O.P. No.-1 objected in his reply regarding the point of necessary joinder of parties in the Complaint but the Complainant and his counsel not take any steps to add both Banks of both the parties in the complaint.
10. It is also important note that it is the duty of the O.P.No.-1 to refund the advance money Rs.-300/- to the Complainant but he failed to refund such money to the Complainant. When complainant alleged that she paid the disputed amount of Rs.-593/- to the O.P. No.-1 and submitted substantial evidence i.e. her saving bank account statement in support of her contentions, in that situation O.P. also liable to adduce evidence of his concerning Bank Account.
11. On the above situation the complaint is liable to be allowed and hence the following order.
ORDER
- The complaint is partly allowed against O.P.No.-1 & 2 jointly & severally.
- The O.P.No.-1 & 2 are directed to pay Rs.-593/- (In words Rs.Five Hundred Ninety Three only) and Rs.-300/- (In words Rs. Three Hundred only) to the Complainant.
- The O.P.No.-1 & 2 also directed to pay Rs.-500/- (In words Rs.Five Hundred only) complaint cost to the Complainant.
- Both the Opposite Parties be complied the order within 30 days from the date of receipt of the order.
- Copy of the order shall be given to both the parties, free of cost.
