Complaints filed on: 29-11-2022

                                                      Disposed on: 07-03-2023

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, TUMAKURU

          DATED THIS THE 7^th DAY OF MARCH 2023

PRESENT

SMT.G.T.VIJAYALAKSHMI, B.Com., LLM., PRESIDENT

SRI.KUMARA.N, B.Sc. (Agri), LLB., MBA., MEMBER

SMT.NIVEDITA RAVISH, B.A., LLB. (Spl)., LADY MEMBER

CC.No.179/2022

M/s ASK Enterprises

Balija Sangha Building,

Horticulture office Road,

SS Puram, Tumkur-572 101,

By its proprietor,

M.G.Mukunda, A/a 73 years

……….Complainant

( In Person)

V/s

1.       The Managing Director,

          M/s Fedral Bank Ltd.,

          Registered office, Aluv,

          Ernakulam District.

          Kerala State, India.

2.       The Manager,

          M/s Federal Bank Ltd.,

          Tumkur Branch,

          Opposite Sree Rama Mandira,

          K.R.Extension, Tumkur-572 101.

……….Opposite Party

(Served – Absent)

:ORDER:

BY SMT.G.T.VIJAYALAKSHMI, PRESIDENT

This complaint has been filed by the complainant against the OPs U/s 35 of the Consumer Protection Act 2019 with a prayer to direct the OPs to pay Rs.1,00,000/- with respect to transfer done on 11.11.2021 by transferring funds to wrong persons account from the petitioner’s account and not reversed the amount till today along with interest @ 14% PA and also direct the OPs to pay Rs.3,50,000/- towards damages, litigation expenses and such other expenses.

2.       The brief facts of the complaint are as under:-

The complainant is a senior citizen had a current account bearing No.16030200005089 and the complainant has to pay/Transfer of Rs.1,00,000/- to its supplier/beneficiary M/s Shree Uma Engineering having account No.04517102000003162 with IDBI Bank, AMBERNATH, Mumbai, having IFSC code, IBKLOOO from the complainant’s account No.16030200005089 and in that regard the complainant filled the challan and gave it to staff of OP No.2 at the counter along with cheque bearing No.140010, dated:11.11.2021 for a sum of Rs.1,00,000/- to send the amount to the concerned party/beneficiary account as stated in the challan and thereafter the complainant left the counter as the staff assured him that later it will be done, believing the words of the Bank staff in good faith.    But later the complainant came to know that the amount of Rs.1,00,000/- was paid to a wrong person and therefore the complainant again paid the said of Rs.1,00,000/- to the correct person and thereby suffered mental agony and financial loss.  The complainant requested the OPs to revert the said amount to his account, but the OPs did not revert the said amount of Rs.1,00,000/-.  This act of OPs amounts deficiency of service.  Hence, the complainant issued legal notice on 17.09.2022, but the OPs have not replied to the said notice nor paid the amount to his account.  The act of the OP is nothing but deficiency in service.  Hence, the complainant filed this complaint.      

3.       On receipt of notice by this Commission, the OPs remained absent.

4.       The complainant has filed his affidavit evidence.  The Ops have not filed their affidavit evidence.  The complainant produced the copies of documents.

5.       On perusal of copy of complaint and documents produced by the complainant, the points that would arise for our consideration are:

1)                    Whether there is any deficiency in service on the part of OPs?

2)                     Whether complainant is entitled for reliefs sought for?

6.       Our findings to the aforesaid points are as under:

Point No.1: In the affirmative

Point No.2: As per the final order

:REASONS:

7.       On perusal of pleadings and documents submitted by the complainant, it is seen that the complainant had a current Account bearing No.16030200005089.  The complainant has to pay/transfer of Rs.1,00,000/- to its     supplier/beneficiary M/s Shree Uma Engineering having account No.04517102000003162 with IDBI Bank, AMBERNATH, Mumbai, having IFSC code, IBKLOOO from the complainant’s account No.16030200005089 and in that regard the complainant filled the challan and gave it to staff of OP No.2 at the counter along with cheque bearing No.140010, dated:11.11.2021 for a sum of Rs.1,00,000/- to send the amount to the concerned party/beneficiary account as stated in the challan, later complainant came to know that the amount of Rs.1,00,000/- was paid to a wrong person and therefore the complainant again paid the said of Rs.1,00,000/- to the correct person and thereby suffered mental agony and financial loss.  The complainant requested the OPs to revert the said amount to his account, but the OPs did not revert the amount of Rs.1,00,000/-.  This act of OPs amounts to deficiency of service.

8.    To prove the case of the complainant, the complainant produced the following documents:

1. Xerox copy of acknowledgment for RTGS/NEFT dated:11.11.2021 given by Federal bank,

2. Sample of RTGS/NEFT form for kind reference,

3. Request/intimation letter to Federal bank, Tumkur dated:14.11.2021 sent by e-mail,

4. Xerox copy of inward details from IDBI bank, Ambernath, Mumbai sent us from our client shree Uma Engineering,

5. 2^nd request letter to Federal bank, Tumkur dated:22.12.2021 sent by e-mail,

6. 3^rd request letter to Federal bank, Tumkur dated:02.01.2022 sent by e-mail, and

7. Reply from Federal bank, Tumkur dated:02.01.2022 received by mail.   

9.       In spite of service of notice, the OPs failed to appear before this Commission and not challenged the documents produced by the complainant.  Moreover, OPs are failed to reply to the Legal notice issued by the complainant.  Therefore, the OPs are liable to revert an amount of Rs.1,00,000/- to the complainant account along with interest @ 9% PA from the date of transaction i.e. 11.11.2021 to till realization.  For the act of OPs, the complainant is compelled to approach this Commission.  Hence, the complainant is entitled for compensation of Rs.5,000/- for mental agony and Rs.10,000/- as litigation expenses.  Accordingly, we pass the following:- 

:ORDER:

The complaint is allowed in part.

The OPs are directed to revert Rs.1,00,000/- to the account of the complainant along with interest @ 9% PA from the date of transaction i.e. 11.11.2021 to till realization.

The OPs are further directed to pay Rs.5,000/- as compensation and Rs.10,000/- as litigation expenses to the complainant.

The OPs are further directed to comply the above order within 45 days from the date of receipt/knowledge of this order. 

Supply free copy of this order to both parties