ORDER NO. 4 DT. 26.11.10

HON’BLE JUSTICE MR. P.K.SAMANTA, PRESIDENT

Appellant is present through Mr. Nripendra Nath Mondal, Ld. Advocate.  Respondent No. 1 is present through Mr. B.Prasad, Ld. Advocate.  Mr. Gobinda Chandra Bandyopadhyay, Ld. Advocate appearing on behalf of the Respondent No. 2, files Vokalatnama and also BNA.  Heard both sides in full.  Judgement is passed as under :-

This is an Appeal by the complainant against order dt. 17.5.10 passed by the District Consumer Disputes Redressal Forum, Kolkata, Unit-II. 

Evidently the complainant purchased jewelleries from the OP No. 1 and for payment to the said OP No. 1 used her State Bank of India ATM card on 11.2.06 for an amount of Rs. 2,000/-.  Accordingly the complainant’s account with the State Bank of India was debited with the said amount, whereas most unfortunately the banker of the said OP No. 1 had not been credited with the aforesaid amount.  In such circumstances, the complainant had to further pay to the OP No. 1 the aforesaid amount of Rs. 2,000/- by way of cash.

In this state of affairs the complaint has been filed by the complainant/Appellant for recovery of the aforesaid amount of Rs. 2,000/- from the State Bank of India alternatively from the OP No. 1, M/s. H.K.Dutta & Co. Jewellers.  In the proceeding before the District Forum it has nowhere been established that because of swiping of ATM card by the complainant the banker of the said OP No. 1 has been credited with the aforesaid amount of Rs. 2,000/- in addition to the payment of Rs. 2,000/- in cash to the said OP No. 1 by the complainant.  Since the account of the complainant with the State Bank of India had been debited by Rs. 2,000/- only because of such swiping of the ATM card and the said amount had not been credited in the bank account of the OP No. 1, ultimately the State Bank of India had paid and/or credited the aforesaid amount of Rs. 2,000/- in the account of the complainant in course of the proceeding before the District Forum below.

In these facts and circumstances, regard being had to the fact that the dispute as to the unlawful debit of the amount of Rs. 2,000/- from the account of the complainant maintained with the State Bank of India has been resolved thus,  the complaint case has accordingly been disposed of by awarding a cost of Rs. 2,000/- to be paid to the complainant by the OP No. 2, i.e. the concerned branch of the State Bank of India.

Considering  the facts and circumstances as above and more particularly, the fact that the Complainant/Appellant has been adequately compensated by the equal amount of the sum as has been unlawfully debited from her account maintained with the State Bank of India, for the harassment caused to her we do not find any material whatsoever to enhance the said award of cost as made by the District Forum below.  More so when it has not been established that debit of the said amount was due to any willful act of the OP No. 2.   The Appeal is accordingly dismissed.