DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PALAKKAD
Dated this the 22nd day of February 2021
Present: Sri.V.P.Anantha Narayanan, Member(President I/c)
: Smt.Vidya.A, Member Date of Filing: 24/05/2018
CC /71/2018
Abdul Khadar.U,
S/o.Ussainar, - Complainant
Pazhayapadam House,
Kayaradi(PO), Nenmara,
Palakkad – 678 510.
(By Party in Person only)
V/s
The Manager,
State Bank of India, - Opposite party
Palakkad Branch, Surya Complex,
T.B. Road, Palakkad – 678 001.
(By Adv.P.V.Beena)
O R D E R
By Smt.Vidya.A, Member
Brief facts of the complaint
Complainant purchased a foreign travel card number 400320100968589 from the opposite party bank before he visited a foreign country(Baharin) in search of a job. But he could not use the travel card for purchase or for money transaction with other financial institutions or for money transfer in the foreign country as the Bank did not transfer the amount to the travel card. As the complainant could not use the travel card for his needs in the foreign country, he was forced to come back to India in Emergency Visiting Visa. The complainant had a financial loss of about 5 lakh rupees which he had spent for visa, ticket and accommodation purposes. The entire thing happened because of the deficiency in service on the part of the Bank. When the complainant approached the Bank with the complaint, the opposite party bank took a totally irresponsible stand. According to them the problem was due to ‘network issue’.
As the complainant could not use the travel card for money transaction and other purpose, he was not able to start a business there or join any job. So he returned to India for closing this travel card. He sent a lawyer notice on 27/03/2018 to the opposite party’s bank demanding compensation for the loss suffered by him. But the opposite parties did not send any reply. So he filed this complaint for getting compensation of Rs.5 lakhs from the opposite party Bank for the financial loss, time loss, inconveniences suffered by the complainant and the cost of the proceedings.
Complaint admitted and notice issued to the opposite party. The opposite party entered appearance and filed their version.
The main contentions in the version
Opposite party admits that they had issued a travel card to the complainant. But they denied all other allegations in the complaint. The allegation in the complaint that the complainant could not use the travel card for the purpose of purchase and other needs and this is due to the failure from the part of the bank are false and denied by the opposite party. Further the allegation that for closing the travel card he returned back from Baharin by taking visiting visa and tickets and he had a loss of two lakh rupees is also denied by the opposite party. The complainant’s contention that he had sustained difficulties in his job due to these problems and the opposite party is liable to pay 5 lakh rupees as compensation is only for the purpose of grabbing money from the opposite party and hence denied.
According to them, the working of travel card was limited in some places due to the uncontrolled technical problems in the network system during the migration of systems of State Bank Groups and when it was noticed, an amount of Rs.5,78,500/- as per the rate of the day of request was transferred to the complainant’s account on 09/10/2017. As per the complainant’s request, the opposite party bank had credited an amount of Rs.13,172/- on 13/10/2017 to his account. There is no deficiency in service on the part of the bank. Hence the opposite party is not responsible for the loss alleged by the complainant and complaint is liable to be dismissed.
Complainant filed chief affidavit. Opposite party filed an application IA 151/2019 to cross examine the complainant and it was allowed. The complainant was examined as PW1 and Ext.A1 marked and Ext.A2 to A4 marked subject to proof and Ext.B1 to B3 also marked while cross examining the complainant. Opposite party filed affidavit. No witness was examined from the opposite party’s side.
Main issues arising for consideration are:
- Whether there is any deficiency in service on the part of the opposite party bank?
- If so, what is the relief as to cost/Compensation?
Issues 1&2
Heard both parties. We have perused the affidavits, documents and notes of arguments filed by the parties.
It is admitted fact that the opposite party bank had issued a travel card No:400320100968589 to the complainant for his use in the foreign trip. As per the complaint the complainant travelled to Baharin in visit visa on 1st October 2017 in search of a job there. During argument, the complainant submitted that he took the foreign travel card form the opposite party Bank for an amount of Rs.5,92,000/- which is equivalent to Rs.5,900/- U.S.Dollar.
As per the complaint, the complainant could not use the travel card in the foreign country for the purposes for which it was purchased because the opposite party Bank did not transfer the amount to his travel card in time. He contacted the Bank from there and they informed him that the cash is not uploaded to the card due to some technical error.
The opposite party in their affidavit stated that due to some uncontrolled technical problems in the network system occurred by the merger of State Bank Groups as per the Central Government Policy, working of travel card was limited in places and they refunded the amount of Rs.5,78,500/- to the complainant’s account on his request on 09/10/2017. They also contended that they had credited an amount of Rs.13,172/- on 13/10/2017 to the complainant’s account as actually suffered transaction loss as part of fair banking practice.
It is evident that the opposite party Bank did not upload the amount to the foreign travel card issued by them in time and so the complainant was not able to use the card for purchases and money transactions in the foreign country as contended by him in his complaint. Further, the opposite party Bank transferred the amount on the request made by him after returning to India. As per his deposition “7 Znhk¯n\ptijw Rm³ Xncn¨ph¶p. _m¦n sN¶v travel card account DÅ ]Ww Rm³ XncnsI Bhiys¸«p. AXpsImv Bank 5,78,500/þ cq] 09/10/2017\v Fsâ accountte¡v transfer sNbvXp. A¶s¯ tUmfdnsâ hnebmWv transfer sNbvXXv. It is also admitted by the opposite party that they transferred the amount of Rs.5,78,500/- to the complainant’s account on his request on 09/10/2017 after returning to India.
Foreign Travel Cards offers a wise way of carrying one’s travel funds when on a Foreign Trip. Ext.B1, “Terms & conditions of Vishwa yatra Travel Card” stipulates that the travel card can be used immediately after purchase except in India, Nepal and Bhutan. They further assure that State Bank of India “Vishwa Yatra Foreign Travel Card” is a prepaid foreign currency card that makes your foreign trip hassle free and convenient. They further offer that with this card cash withdrawal is possible from almost 2 million ATMs which are present across the world. Moreover the customer can swipe the card at stores for the payment of goods and services, restaurants and hotels across the globe.
But in this case, the complainant could not use the travel card as the amount was not uploaded to the card by the opposite party and it did not serve the purpose for which it was purchased. So there is a clear deficiency in service on the part of the Bank. If there is any technical issue, it is the Bank’s responsibility to inform the complainant and make alternative arrangements. The complainant did not get any help from the opposite party bank when he had an issue mentioned above. The complainant would have definitely undergone financial loss and mental agony when he could not use the card for his purchases and transactions in a foreign country for which the opposite party has to compensate the complainant.
Further the contention of the Bank that they have credited Rs.13,172/- on 13/10/2017 as actually suffered transaction loss as part of fair banking service is not acceptable.
From the sanction letter produced by opposite party dated 21/04/2018 “Reversal of Exchange Loss to the Customer” issued by State Bank of India, Regional Office, Palakkad to the Manager, State Bank of India, T.B.Road Branch Office, Palakkad, it can be seen that the amount of Rs.13,172/- was credited to the complainant’s account as the “exchange loss” incurred by the customer on account of exchange rates difference from the date of his purchase and surrender of the foreign exchange.
Eventhough the full amount is credited to the complainant’s account as per the statement of account produced by opposite party which is marked as Ext.B2, complainant was not able to use the travel card in his foreign trip because of the deficiency in service on the part of the Bank for which they have to compensate the complainant.
In the result, the complaint is allowed.
We direct the opposite party to pay an amount of Rs.50,000/-(Rupees Fifty thousand only) as compensation for the deficiency in service on their part, inconvenience, mental agony and financial loss suffered by the complainant together with the cost of the proceedings.
The order shall be executed within 30 days from the date of receipt of this order; otherwise complainant is also entitled to get interest @ 9% per annum on the total amount due to him from the date of this order till realization.
Pronounced in the open court on this the 22nd day of February 2021.
Sd/-
V.P.Anantha Narayanan
Member(President I/c)
Sd/-
Vidya.A
Member
Appendix
Exhibits marked on the side of complainant
Ext.A1 – Original Foreign Travel Card issued by opposite party to the complainant.
Ext.A2 – Visiting visa issued by opposite party to the complainant.(subject to proof)
Ext.A3 – Unused voucher receipt(subject to proof)
Ext.A4 – Return ticket(subject to proof)
Exhibits marked on the side of Opposite Party
Ext.B1 – Terms & conditions of Vishwa yatra Travel Card(Original)
Ext.B2 – Statement of Account from 01/10/2017 to 15/10/2017
Ext.B3 – Application form submitted by the complainant for issuance of travel card.
Witness examined on the side of complainant
PW1 – Abdul Khader.U
Witness examined on the side of opposite party
NIL
Cost : NIL
