Orissa

Sundargarh

CC/24/2022

Smt. Deeptimayee Patel - Complainant(s)

Versus

The Branch Manager, State Bank of India, Main Branch, Sundargarh - Opp.Party(s)

Sri Arun Kumar Patel, Adv. & Associates

01 Dec 2022

ORDER

PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SUNDARGARH-I

Consumer Case No- 24/2022

Present-Dr. Ramakanta Satapathy, President,

              Sri. Sadananda Tripathy, Member,

Smt. Deeptimayee Patel,

W/O-Arun Kumar Patel,

R/O-Sriramnagar, Mahesdihi,

PS-Sundargarh Town

Dist-Sundargarh, Odisha-770001.                                                         ………..…..Complainant

   

Vrs.

1. The Branch Manager,

          State Bank of India,

           Main Branch, Hospital Road, Sundargarh,

2. The Executive Engineer,

           TPWODL, Sundargarh,

           At/Po/Dist- Sundargarh.

3. The Sub Divisional Officer,

          TPWODL, Sundargarh,

           At/Po/Dist- Sundargarh.                                                           …....................Opp. Parties.

Counsels:-

1. For the Complainant                   :-Sri. A.K. Patel, Advocate & Associates
2. For the O.P.1                                :- Sri. S.Ch. Patel, Advocate & Associates
3. For the O.P. No.2 & 3                 :- Sri. N.R. Nanda, Advocate & Associates

Date of Filing:12.08.2022,Date of Hearing :10.11.2022, Date of Judgement : 01.12.2022

           Presented by Sri. Sadanada Tripathy, MEMBER,

1. The Brief fact of the Complainant is that the Complainant is a bank account holder bearing No. 31720730437 under the O.P No. 1 wherein availing electricity connection to her house for domestic purpose, she is also consumer with the OP No. 2 and 3 bearing consumer No. 812121170813. The Complainant has been sincerely and regularly paying the electricity dues to the electricity department through online payment.

On dtd. 29.04.2022 she made a transaction for transfer of Rs. 6131/- towards payment of electric bill from her bank account No. 31720730437 through BHIM UPI vide transaction ID No. 211917529081, but the said amount found failed on dtd. 30.04.2022 despite debited the amount in her account on the date of transaction. The Complainant complained to the bank customer care vide case No. 99544933 on dtd. 19.05.2022 regarding status of transaction of money and could confirmed that the amount has been successfully credited in the account of the merchant, but still it is found pending for payment on inquiry from the electric department vide TPWODL Complaint No. 4215062207753. The Complainant on dtd. 04.07.2022 reported the matter to the OP No. 1 through writing regarding reversement of debited amount of Rs. 6,131/- from her account, on reply the bank authority assured to make renversement of the money. But time passed neither the alleged debited money has been reversed to the account of the Complainant nor found to have credited to the account of the electricity department OP No. 2 & 3, which Complainant suffered irreparable injuries and harassment due to negligence and deficiency of service caused by the OPs.

2. The written statements of the O.Ps No 1 is that On receipt of her complaint regarding failure of payment through UPI utilising BHIM app on dtd 29.04.2022 for an amount of Rs. 6,131/- from her account No. 31720730437, the OP Bank raised a complaint to Central Resolution Mechanism (CRM) to enquire about the transaction ID-211917529081. The Complainant had raised complaint through consumer care system on 19.05.2022 and could have confirmed that the amount has been successfully credited in the merchant’s account. The Complainant reported about the matter of non-credit in the account of TPWODL on 04.07.2022 asking the OP to reverse transaction but the OP received the same finding ‘the transaction reference was successfully done from our side on the same day and the amount has already been credited to merchant account’.                                                                                      The written statements of the O.Ps No 2 & 3 is that On 29.04.2022, being a consumer the Complainant did a transaction of Rs. 6,131/- towards payment of electric bill from her bank via BHIM UPI (Transaction ID 211917529081). The Said transaction was found failed on 30.04.2022 but the money was debited from her account on the date of transaction. The Complainant inquired with the concerned bank about the same on 19.05.2022 who confirmed that the amount had been successfully credited to the merchant (TPWODL)but on inquiring with the TPWODL authorities, she learned that the payment was still pending. The Complainant lodged a written complaint Dt. 4.7.2022 to OP 1 for reversing the amount but the amount has neither been reversed, nor has it been credited to TPWODL. The instant dispute is relating to a money transaction via UPI with respect to the Bank Account which is maintained by OP No. 1. The said transaction was made on 29.04.2022 through UPI , the same was never received by TPWODL Account in any manner whatsoever in the subsequent dates. Since the amount in dispute Rs. 6,131/- transaction though UPI was never received by the TPWODL, hence, there was no deficiency in service as alleged by the Complainant.

ISSUES

1. Is the Complainant a Consumer of the O.Ps?
2. Is there any defficiency of service in part of O.Ps?
3. Whether the Complainant is entitled for getting any relief from the OPs?

Issue No. 1

Is the Complainant a consumer of the O.Ps?

The Complainant is a bank account holder bearing No. 31720730437 under the O.P No. 1 wherein availing electricity connection to her house for domestic purpose. She is also a consumer of the OP No. 2 and 3 bearing consumer No. 812121170813.. Hence the Complainant is a consumer of the OPs as per the CP Act.

Issue No. 2

Is there any defficiency of service in part of O.Ps?

The OP No. 1 failed to give evidence regarding the amount successfully credited in the merchant’s account i.e OP No. 2 or 3 and further the OP No.1 has not taken further step to credit the amount in the merchant’s account i.e OP No. 2 or 3  or for confirmation. Hence the O.P No. 1 is deficient in service.

 

 

Issue No. 3

Whether the Complainant is entitled for getting any relief from the OPs?

From all the facts of the parties, the Complainant is entitled for getting reliefs what he claims in his complaint petition from the OP No. 1.

Accordingly the case is disposed of on contest and ordered.

                                                     ORDER

The O.P. No.1 is directed to refund back the amount of Rs. 6,131/- to the Complainant account which was paid on dtd. 29.04.2022 by the Complainant through UPI, the OP No.1 further directed to pay Rs. 30,000/- towards defficiency in service  to the Complainant as Compensation and Rs. 5,000/- towards cost & litigation expenses to the Complainant within 30 days from the date of order, failing which the amount will further carry with 9% interest per annum till realization to the complainant. Further the Complainant is directed to pay the monthly electry bill regularly to the Ops.

Order pronounced in the open Court today on 1^st  day of Dec, 2022.

Free copies of this order to the parties are supplied

I agree,

                                                                                                                       

 (Dr. R.K.Satapathy)                                                                                 (Shri. S.N.Tripathy)    

      PRESIDENT                                                                                         MEMBER                                                                                    

           

                                                            Dictated and Corrected

                                                                             by me.

                                                                               

                                                               (Shri. S.N.Tripathy)          

                                                                    MEMBER