Date of Filing:16.01.2008<br /> Date of Order:30.05.2008<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20<br /> Dated: 30TH DAY OF MAY 2008<br /> PRESENT<br /> <br /> <br /> <br /> Sri. S.S. NAGARALE, B.A, LL.B. (SPL.), President.<br /> Smt. D. LEELAVATHI, M.A.LL.B, Member.<br /> Sri. BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member.<br /> <br /> <br /> <br /> COMPLAINT NO: 160 OF 2008 <br /> <br /> Gururaja V Kallapur,<br /> 180/1, Sri Lakshmi Hayagiriva Nilaya,<br /> Kempegowda Nagar,<br /> Bydarahalli,<br /> Bangalore-560091. Complainant<br /> <br /> V/S<br /> 1. The Manager,<br /> ICICI Bank Ltd.,<br /> Jayanagar Branch, Bangalore.<br /> <br /> 2. Health and Glow,<br /> No.156, 19th Main Road,<br /> II Block, Rajajinagar, Bangalore.<br /> <br /> 3. The Branch Manager,<br /> SBI, Basaveshwarnagar,<br /> Bangalore-79. Opposite Parties<br /> <br /> <br /> ORDER<br /> By the President Sri. S.S. Nagarale<br /> <br /> This is a complaint filed by the complainant claiming compensation of Rs.15,000/-.<br /> The facts of the case are that, the complainant has purchased Cosmetics on 23/3/2007 for a sum of Rs.599/- from the opposite party No.2. He swiped his SBI Maestro debit card No.6220180904900116875 as instructed by shop cashier and signed on customer copy and received a bill. When he checked his account statement, he found that money was deducted twice against one purchase. Then he went to the retailer shop on 27/3/2007 and informed about the mistake. They assured of correcting the mistake and instructed him to contact SBI Bank. As instructed by the opposite party he contacted Branch Manager, SBI on 29/3/2007 and revealed the matter. Bank official told him that the mistake is from retailer side who made bill twice and deducted twice, we are nothing to do with the mistake and we are helpless. On 1/4/2007 the complainant went to retailer shop and re-enquired about the mistake, this time retailer has given a proof for the particular transaction of batch and settlement report. The complainant went to SBI Bank and asked the Bank official, they requested him to send all the documents through Registered Post. Accordingly on 20/4/2007 the complainant send all these documents pertaining to transaction through Registered Post in the name of Branch Manager, S.B.I. On 17/11/2007 he went to retailer shop, they gave a letter to the complainant, addressed to ICICI Bank, Jayanagar Branch, Bangalore, they told that mistake is not from ICICI Bank, mistake is from retailer side and they are not received the letter. Hence, the complaint.<br /> 2. Notice was issued to opposite parties by RPAD. Opposite parties No.1 and 2 put in their appearance through their respective Advocates and filed defence version. In spite of service of notice opposite party No.3 has not appeared and remained absent. <br /> The opposite party No.1 filed defence version stating that, there was no service rendered for consideration by the opposite party to the complainant. The complainant is a customer of opposite party No.2. The complainant has purchased cosmetics on 23/3/2007 for a sum of Rs.599/- from the opposite party No.2, swiped his SBI Maestro debit card from his S.B A/c as instructed by shop cashier and signed on customer copy and received a bill, when checked statement he found that money was deducted twice against one purchase and informed about the mistake to opposite party No.2 on 27/3/2007. The opposite party No.1 instructed the complainant to contact SBI Bank and accordingly he revealed the matter to the SBI Branch Manager on 29/3/2007. They told to complainant that mistake is from retailer side who has made bill twice and deducted twice, we are nothing to do with the mistake. On 1/4/2007 the opposite party No.1 has given a proof for the particular transaction of batch and settlement report and as per the instruction of SBI Bank he had sent all the documents through registered post are all not within the knowledge of this opposite party. Therefore, the opposite party No.1 is not liable to pay any compensation as stated by the complainant and prayed to dismiss the complaint.<br /> The opposite party No.2 filed a version stating that, the mistake is from the complainant’s bank and not from this opposite party. The opposite party has received only Rs.599/- towards the articles sold to the complainant. They are not responsible for any deduction of the complainant’s money. The liability lies on the opposite party No.3. All the averments made in the complaint are false and incorrect and the complaint is false, baseless, frivolous, and vexatious. Hence, the opposite party No.2 prayed to dismiss the complaint. <br /> 3. Affidavit evidence of complainant filed. Perused the affidavit and documents. Arguments heard. <br /> <br /> 4. The points for consideration are:-<br /> 1. Whether there was any deficiency on the part of <br /> the opposite parties?<br /> 2. Whether the complainant is entitled for the relief?<br /> <br /> <br /> REASONS<br /> <br /> 5. I have gone through the complaint affidavit and the Bank statement produced by the complainant. The case of the complainant is that, he is a SBI Maestro debit card holder. He purchased cosmetics on 23/3/2007 from the Help and Glow for Rs.599/- through debit card. When he checked statement from SBI, he found that money was deducted twice against one purchase. He contacted the Branch Manager, SBI on 29/3/2007 there is debit entry of Rs.599/- twice. The case made out by the complainant has gone unchallenged. Opposite party No.1 and 2 appeared and filed defence version and they have denied their responsibility. Opposite party No.1 and 2 have submitted that the mistake is on the part of the SBI and therefore, the SBI should be held responsible for the double entry. Admittedly, the complainant is debit card holder of SBI Bank and the statement of account of SBI reveals double debit entry on 23/3/2007. Therefore, the SBI has to rectify the mistake and credit an amount of Rs.599/- to the account of the complainant. The SBI Bank has not appeared before this Forum though served with notice. Therefore, the case made out by the complainant has gone unchallenged. There is no defence on behalf of the SBI Bank. Therefore, we have to accept the case of the complainant and direct the SBI, Basaveshwaranagar Branch, Bangalore to re-credit Rs.599/- to the S.B A/c number of the complainant. So that grievance of the complainant will be solved. The complainant cannot be put to loss. He has made his efforts and requested the Bank before coming to the Forum since he could not get the relief he approached the Consumer Forum for getting the relief. Though amount is small amount, but the complainant should not unnecessarily put to loss. It is his right to seek the justice. Consumer Protection Act is enacted to safeguard the better interest of the consumers. In this case the SBI Bank should be directed to rectify the mistakes and re-credit an amount of Rs.599/- to the S.B A/c of the complainant immediately. So that the complainant being the customer of the Bank is satisfied with the services of the SBI Bank. <br /> In the result, we proceed to pass the following:-<br /> ORDER<br /> <br /> 6. The complaint is allowed. The opposite party No.3 SBI Bank, Basaveshwaranagar Branch, Bangalore is directed to re-credit an amount of Rs.599/- to the S.B A/c of the complainant forthwith. The complainant is also entitled to Rs.500/- as costs of the present proceedings from the opposite party No.3.<br /> <br /> 7. Send the copy of this Order to both the parties free of costs immediately. <br /> <br /> 8. Pronounced in the Open Forum on this 30TH DAY OF MAY 2008.<br /> <br /> Order accordingly,<br /> <br /> PRESIDENT <br /> We concur the above findings. <br /> <br /> <br /> MEMBER MEMBER <br /> <br /> <br /> <br /> <br /> <br /> <br />