By. Sri. A. S. Subhagan, Member:-

This is a consumer complaint filed under section 35 of the Consumer Protection Act 2019.

2.  Facts of the case:-  On 11.01.2024, the Complainant purchased  goods worth Rs.2,278/- from Opposite Party’s shop for which payment was made through google pay.  But the Opposite Party, telling the Complainant that the amount was not credited, insisted the Complainant to remit the amount again.  So the Complainant was forced to transfer the amount twice for which transfer message was also received.  On discussing the matter with the Supervisor of the Opposite Party’s shop he made the Complainant believe that the amount will be reverse credited to the Complainant’s account within 7 days.  For this, the Complainant was forced to remain the shop for half an hour.  On 18.01.2024, on talking again with the Supervisor, he informed that the amount had transferred to the account of the Complainant.  But on taking the account statements, it was revealed that the amount was not credited to his account. Discussing this matter, showing this statement to the Supervisor, he told that though he had tried to transfer the amount more than once, he could not do so.  As a consequence, the Complainant informed the Supervisor that as his account is an NRI account the Complainant requested to transfer the amount to his another account.  Even after that the Supervisor telling that the permission of the bank is awaited, he caused the Complainant much inconvenience in this regard. The amount has not been so far credited to the Complainant’s account.  The Opposite Party is not co-operating with the Complainant for redressal of this issue.

3.  Hence the Complainant prayed

1. To direct the Opposite Party to transfer credit Rs.2,278/- due to double payment, to the account of the Complainant
2. To direct the Opposite Party to pay Rs.20,000/- as compensation for mental agony, physical, financial and time loss
3. To direct the Opposite Party to pay Rs.10,000/- towards cost of the complaint.

4.  Notice was served upon the Opposite Party for appearance but though notice was received, the Opposite Party did not appear before the Commission and hence they were set ex-parte.

5. Chief affidavit was filed by the Complainant and Ext.A1 and A2 were marked from their side. On 04.07.2024, the Complainant was examined as PW1.  In cross-examination, he reiterated all the allegations which had been raised in the complaint.  Ext.A1 produced and marked by the Complainant reveals that on 11.01.2024 Rs.2,278/- had been transferred twice to the account of the Opposite Party from the account of the Complainant.  The Opposite Party had the opportunity to appear before the Commission and to contest the case but they did not appear.  So, here no evidence is there to the contrary to the allegations in the complaint. So it is revealed that the Complainant’s case is based on true facts. 

6.  Receiving double payments on a transaction made by a consumer and not returning the excess amount collected to the consumer within a reasonable time, in spite of repeated requests, is nothing but deficiency in service.  So, here, there has been unfair trade practice/deficiency in service from the part of the Opposite Party for which they are liable to compensate the Complainant.  Therefore, the case is proved in favour of the Complainant.

In the result, the complaint is partly allowed and the Opposite Party is directed

1. To refund Rs.2,278/- (Rupees Two Thousand Two Hundred and Seventy Eight Only) being the excess payment they have received
2. To pay Rs.6,000/- (Rupees Six Thousand Only) as compensation for mental agony, physical, financial and time loss of the Complainant and
3. To pay Rs.4,000/- (Rupees Four Thousand Only) as cost of this complaint.

The above amounts shall be paid to the Complainant within 30 days from the date of receipt of this Order, failing which the amounts will carry interest @ 9% per annum from the date of this Order.

Dictated to the Confidential Assistant, transcribed by him and corrected by me and pronounced in the Open Commission on this the 7^th day of August 2024.

Date of Filing:-22.01.2024.

PRESIDENT   :Sd/-

MEMBER       : Sd/-

MEMBER       : Sd/-

APPENDIX.

Witness for the Complainant:-

PW1.              Syju Joy.                                                       Agriculture.

Witness for the Opposite Party:-

                        Nil      

Exhibits for the Complainant:

A1.                  Copy of Statement of Account.

A2.                  Copy of Google pay Printout and Copy of SMS Received.

Exhibits for the Opposite Party:-

                        Nil.     

PRESIDENT   :Sd/-

MEMBER       :Sd/-

MEMBER       :Sd/-

/True Copy/

Sd/-

                                                                                             ASSISTANT REGISTRAR

                                                                                                  CDRC, WAYANAD.

Kv/-