Andhra Pradesh

Chittoor-II at triputi

CC/74/2016

G.Nagaraju, S/o G.Anjaneyulu - Complainant(s)

Versus

The Regional Manager, APSRTC - Opp.Party(s)

M.Kumar Raju, N.Sreeram

04 Apr 2017

ORDER

Filing Date: 04.08.2016

Order Date:04.04.2017

 

 

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II,

CHITTOOR AT TIRUPATI

 

 

      PRESENT: Sri.M.Ramakrishnaiah, President ,

        Smt. T.Anitha, Member

 

 

 

TUESDAY THE FOURTH DAY OF APRIL, TWO THOUSAND AND SEVENTEEN

 

 

 

C.C.No.74/2016

 

 

Between

 

 

C.Nagaraju,

S/o. G.Anjaneyulu,

Flat No.18, 1^st Floor, Jeevan Residency,

Renigunta Road,

Tirupati.                                                                                             … Complainant

 

 

 

And

 

 

1.         The Regional Manager,

            A.P.S.R.T.C.,

            R.T.C. Complex,

            Tirupati.        

 

2.         The Deport Manager,

            A.P.S.R.T.C., Srikalahasti Depot,

            Srikalahasti,

            Chittoor District.

 

3.         The Authorised Signatory,

            H.D.F.C. Bank Limited,

            H.D.F.C. Bank House,

            Senapati Bapat Marg,

            Lower Parel West,

            Lower Parel,

            Mumbai.

 

4.         The Authorised Signatory,

            H.D.F.C. Bank Limited,

            D.No.7-7-71, S.V.D. Road,

            Vijaya Mansion,

            Hindupur Branch,

            Andhra Pradesh.

 

5.         The Authorised Signatory,

            H.D.F.C. Bank Limited,

            AIR Bypass Road,

            Tirupati.

 

6.         The Authorised Signatory,

            AbhiBus Online Ticket Service,

            1^st Floor, D.No.47/10, Sarangapani Street,

            Ramakanthpuram,

            T.Nagar,

            Chennai.                                                                                …  Opposite parties.

 

 

 

 

            This complaint coming on before us for final hearing on 24.03.17 and upon perusing the complaint, written version and other relevant material papers on record and on hearing Sri.M.Kumar Raju, counsel for complainant, and Sri.Samanchi Srinivasulu, counsel for opposite parties 3 to 5, and party-in-person for opposite parties 1 and 2, and having stood over till this day for consideration, this Forum makes the following:-

ORDER

DELIVERED BY SRI. M.RAMAKRISHNAIAH, PRESIDENT

ON BEHALF OF THE BENCH

           

            This complaint is filed under Section – 12 of C.P.Act 1986, by the complainant against the opposite parties 1 to 6 for the following reliefs  1) to direct the opposite parties to refund Rs.1,591/- which was debited from the account of complainant on 23.03.2016 by opposite party No.4,  2) to direct the opposite parties to pay Rs.10,000/- towards damages for mental agony,  and 3) to direct the opposite parties to pay the costs of the complaint.   

2.  The brief averments of the complaint are:-  that in the event of Godavari Pushkaralu, the complainant on 13.07.2015 at 5.03 p.m. booked a ticket for his relative M.Kumar Raju and family under merchant reference No.3012705929 (I.D.No.39398677) from Tirupati to Rajamundry. This transaction was said to be an incomplete transaction and the amount of Rs.1,591/-, which was debited from the account of the complainant was also credited back on the same day. Therefore, for the same passengers i.e. M.Kumar Raju and family, complainant booked another ticket on 14.07.2015 by paying Rs.1,585/- and its journey was on 17.07.2015 from Tirupati to Rajamundry, on ticket No.43177406 through APSRTC, which was completed.

3.  While, verifying the bank statement on 07.04.2016, complainant noticed that a sum of Rs.1,591/- was debited from his account on 23.03.2016 without his knowledge by opposite party No.4, by mentioning “APSRTC – HYDERABAD”. When the complainant informed opposite party No.4, that the transaction dt:13.07.2015 was a incomplete transaction and he need not to pay any amount and furnished all the relevant documents, opposite parties 3 and 4 did not respond properly and gave evasive answers. Hence the complaint.

4.  Opposite party No.2 filed its written version and the same was adopted by opposite party No.1. In their written version it is stated that ticket purchased by the complainant through AbhiBus online ticket service, to his relative M.Kumar Raju on 13.07.2015 at 5.03 pm. from Tirupati to Rajamundry vide merchant reference No.3012705929 (I.D.No.39398677), the said transaction was cancelled and the amount of Rs.1,591/- was credited to the account of the complainant on 13.07.2015 itself. So, there is no deficiency on the part of the opposite parties 1 and 2. The complainant informed that an amount of Rs.1,591/- was deducted from his account on 23.03.2016 by the HDFC Bank with an endorsement of “APSRTC-HYDERABAD”. On enquiry HDFC informed that the said amount was credited to APSRTC but the APSRTC did not claim the said amount. A copy of Statistical and Ticket Accountal Record (STAR) is filed for verification and the said amount of Rs.1,591/- was not received by the APSRTC. There is no deficiency in service on the part of opposite parties 1 and 2, and prays the Forum to dismiss the complaint against the opposite parties 1 and 2.

5.  In the written version of opposite parties 3 to 5, it is stated that the complainant has booked bus tickets for APSRTC Bus through Abhi Bus, by using the credit card issued by opposite parties 3 to 5. That the customer disputed the transaction as failed, as such this opposite party had given temporary credit card and reversed the transaction and informed to APSRTC. Opposite parties 3 to 5, requested APSRTC to enquire and inform whether the transaction is successful or not. That the APSRTC has informed these opposite parties that the said transaction was successful and claimed the amount and refused to charge back. This opposite party has again requested APSRTC in the month of November 2015 and requested them to take action and confirm. The APSRTC conducted investigation and confirmed that the transaction was successful and refused for charge back. As such the opposite party had accepted the request of APSRTC and amounts were already paid to APSRTC, and in view of the same these opposite parties HDFC Bank had debited the said amount from the account of the complainant in the month of March 2016. This consumer complaint is filed on the allegation that though the above said amount was credited to the complainant account, these opposite parties again debited the said amount on 23.03.2016. After receiving the complaint from the complainant, these opposite parties enquired with APSRTC and confirmed that the complainant has booked tickets in APSRTC and the same is a successful transaction. The reply given by the APSRTC is filed herewith. That if the transaction is really not successful, then only the dispute is between the complainant and APSRTC. There is no deficiency in service on the part of the HDFC Bank, as the amount was paid to APSRTC on the basis of online transaction made by the complainant and as per the confirmation given by the APSRTC that the transaction is successful. That this Consumer Forum has no territorial jurisdiction. There is no cause of action for filing the case against the opposite parties. The transaction was debited by the opposite party, Chennai, as such  this Forum has no territorial jurisdiction to entertain the complaint and prays the Forum to dismiss the complaint against the opposite parties 3 to 5. 

6.  The complainant filed his chief affidavit as P.W.1 and got marked Exs.A1 to A9. For the opposite parties chief affidavits of one Balaji and one Sai Kumar Varaganti, were filed as R.W.1 and R.W.2 and got marked Exs.B1 to B8. Both the parties have filed their respective written arguments. Heard the counsel for both parties.

7.  Now the points for consideration are:-

(i).  Whether there is deficiency in service on the part of the opposite parties     

       1 to 6?

(ii)  Whether the complainant is entitled to the reliefs as prayed for?

(iii)  To what relief?

8. Point No.(i):- in order to answer this point, the burden heavily lies on the complainant to establish that there is deficiency in service on the part of the opposite parties 1 to 6. According to complainant, the complainant has booked a ticket through opposite party No.6 “AbhiBus” Online Ticket Booking Service @ A.P.S.R.T.C. (travel through the opposite party No.2, Srikalahasti Depot) to his relative M.Kumar Raju and his family from Tirupati to Rajamundry for the event of Godavari Pushkaralu. The ticket was booked on 13.07.2015 by merchant reference No.3012705929 (I.D.No.39398677) by using his HDFC credit card facility and a sum of Rs.1,591/- was debited to the complainant account No.09931050002805 with opposite party No.3 HDFC Bank at about 5.03 p.m; at about 5.37 p.m. on the same day i.e. on 13.07.2015, complainant relative M.Kumar Raju (passenger) received a message that it was a incomplete transaction and the amount will be reversed within 7 to 10 business days. Accordingly, the said amount was also credited to his account on the same day itself.

9.  In view of the said message, the complainant on 14.07.2015 booked another ticket to the same passenger M.Kumar Raju and his family at about 10.52 a.m. vide ticket No.43177406, UID No.0801, Service Code No.96979/PLR-RJY, which was confirmed, a sum of Rs.1,585/-was debited from complainant’s account and the journey was also completed on 17.07.2015 at about 18.30 p.m., which is not in dispute. The dispute is only with regard to deduction of a sum of Rs.1,591/- on 23.03.2016, but the opposite parties 1 and 2 APSRTC in its written version stated that on 23.03.2016 no such amount was credited to its account by HDFC Bank and they are also not claiming the said amount, whereas HDFC bank on the other hand contending that the APSRTC given information that the ticket booked on  13.07.2015 at about 17.21 p.m. and the ticket No.43154603 with OB Ref.No.3012706440 was successful transaction. Therefore, the opposite parties i.e. HDFC Bank debited a sum of Rs.1,591/- from the complainant account and credited the same to the account of the APSRTC. In the written version opposite parties 3 to 5 HDFC bank authorities contending that the complainant booked bus ticket by APSRTC bus through “Abhi Bus” by using the credit card issued by the opposite parties. That the customer disputed the transaction as failed, as such HDFC Bank had given temporary credit and reversed the transaction and informed to APSRTC. Thereafter the opposite party i.e HDFC bank authorities requested APSRTC to enquire and inform whether the transaction is successful or not, for which APSRTC inturn informed the HDFC that the transaction was successful and claimed the amount. Therefore, for clarification HDFC bank again requested the APSRTC to enquire thoroughly and inform whether the said transaction was successful or unsuccessful, on that APSRTC confirmed that the transaction was successful and also requested the HDFC bank not to process the charge back. Therefore, in the month of March 2016 while verifying the accounts, HDFC bank has acted upon the information given by the APSRTC and debited a sum of Rs.1,591/- through the account of the complainant.

10.  Here, the complainant is referring only 2 transactions, 1^st one is relating to merchant reference No.3012705929 payment ID No.39398677, which was booked on 13.07.2015 at 5.03.46 p.m., Card No.468805xxxxxx5524, amount is Rs.1,591/-, which was booked by Kumar Raju through Axis Bank, that transaction was incomplete. This transaction is supported by Exs.A1 and A3. The 2^nd transaction is under ticket No.43154603, OB reference No.3012706330 booked on 13.07.2015 at 17.21 hours, destination from Tiruapati to Rajamundry, fare is Rs.1,591/-, this ticket was confirmed, payment gate way is HDFC-FSS. The seat numbers were confirmed as 27,28,29 and 30. The 3^rd transaction is under merchant No.3012705929, payment ID No.39398677 booked on 13.07.2015 at 5.03.46 p.m. EBS-SBI PG VISA Debit Card, status is shown as incomplete. The transaction under S.No.1 referred to above is the same transaction now shown and another transaction is under ticket No.43177406 booked on 14.07.2015 at 10.54 a.m. UID No.0801, Service Code No.96979/PLR-RJY, Fare is Rs.1,585/-, was debited and journey is on 17.07.2015 at 18.30, Seat Nos.30,31,32,33, this transaction is not in dispute. Thus, there are totally                     3 transactions. The last transaction is covered by Exs.A2, A4 and B7. This transaction need not be discussed elaborately, as there was no dispute with regard to this transaction.

11.  The transaction under dispute is only in respect of ticket No.43154603 with OB reference No.3012706330, which was shown in Ex.B6. The opposite parties i.e. APSRTC (opposite parties 1 and 2) contending that the transaction under OB reference No.3012706330 under ticket No.43154603 booked on 13.07.2015 at 17.21 p.m., which was confirmed and seats were also allotted at Seat Nos.27,28,29,30, message was also sent to mail ID of the passenger, which was given by the complainant, as the said mail ID was defective, it may not reach the passenger. Therefore, he might have booked another ticket on 14.07.2015. The reservation under OB Ref.No.3012706330 in ticket No.43154603 was neither cancelled by the complainant nor travelled under the said ticket. So, the APSRTC is not responsible for not commencing the journey by the passengers for whom the ticket was booked on 13.07.2015 at 17.21 pm. By virtue of Ex.B6, it is observed that the transaction in ticket No.43154603 was successful, as such the fare was debited by the HDFC bank, opposite party No.4, while verifying the accounts at the end of financial year in the month of March 2016 from the account of the complainant, as earlier transaction was credited to the account of the complainant on 13.07.2015 itself.

12. The transaction under merchant reference No.3012705929 in payment ID No.39398677 was booked by Kumar Raju, the passenger through Axis Bank, which is no way concerned to the HDFC Bank. So, when that transaction was incomplete, we cannot presume that the subsequent transaction under ticket No. 43154603 is also incomplete. On the other hand, this transaction is fairly supported by documentary evidence under Ex.B6 and Ex.B2. In Ex.B2 it was specifically mentioned that RTC requested HDFC bank to do not process the refund for chargeback cases stating that “EVCC24289:- for the mentioned charge back holder 489377xxxxxx3819 and for the Auth code:079621 with the order id.3012706330 transaction made on 13.07.2015 for Rs.1,591/-. For the same ticket number 43154603 has been generated and we have provided service to this card holder. We are avoiding the chargeback”, which clearly shows that having booked the ticket No. 43154603, OB Ref.No. 3012706330, the complainant or the passengers could not avail the opportunity or could not cancel the ticket. Therefore, the APSRTC was not responsible for the latches on the part of the complainant or the passengers. Therefore, they are not liable to refund the amount and they are avoiding the chargeback.

13.  The statement of HDFC bank shows that they have given temporary credit and reversed the transaction amount of Rs.1,591/- to the credit of complainant, later from verifying the records, this amount was found to be due to the HDFC bank, therefore, they have taken clarification from the APSRTC, whether the transaction under ticket No. 43154603, OB Ref.No. 3012706330 was successful or not, for which the APSRTC (opposite parties 1 and 2) informed that the said transaction was complete / successful and requested the HDFC bank not to refund the amount / not to process the chargeback, as such the HDFC bank debited the said amount of Rs.1,591/- from the account of the complainant. Under the above circumstances, we are of the opinion that since the transaction of the ticket No. 43154603, OB Ref.No. 3012706330, booked on 13.07.2015 at 17.21 p.m. referred to in Ex.B6 was confirmed and the transaction was successful, the complainant again claimed back the said amount, as the passengers in favour of whom that ticket was booked, neither cancelled by them nor the complainant, nor completed their journey. Hence, we are of the opinion that the complainant failed to establish the deficiency in service on the part of the opposite parties 1 to 6. Accordingly, this point is answered. 

14.  Point No.(ii):- to answer this point also, the complainant has to establish that he is entitled to refund of the said amount of Rs.1,591/- from the HDFC bank or the APSRTC. Since the complainant booked ticket No. 43154603, OB Ref.No. 3012706330 on 13.07.2015 at 17.21 p.m., and though the said transaction was successful and seats were also confirmed as 27,28,29,30, it is for the passengers to avail the opportunity and proceed with the journey, but instead of it, the passengers or the complainant without cancelling the said ticket, they have booked another ticket on 14.07.2015 at 10.52 a.m. under ticket No.43177406 and completed their journey with this ticket under seat Nos.30,31,32,33. The complainant or the relative (passenger) ought to have a little bit vigilant whether the said ticket booked on 13.07.2015 at about 17.21 p.m. was confirmed or not, and then only they ought to have taken appropriate action at their discretion. But without verifying the transaction booked on 13.07.2015 at 17.21 p.m., they have booked another ticket on 14.07.2015 and proceeded to Godavari Pushkaralu admittedly. So, under the above circumstances, we are of the opinion that the complainant has failed to establish that he is entitled to the reliefs sought for. Accordingly, this point is answered.    

15.  Point No.(iii):- in view of our holding on points 1 and 2, we are of the opinion that the complainant has failed to establish that either there is deficiency in service on the part of the opposite parties 1 to 6 or he is entitled to refund of Rs.1,591/-, and the complaint therefore is liable to be dismissed.

In the result, complaint is dismissed. No costs.      

Dictated to the stenographer, transcribed and typed by him, corrected and pronounced by me in the Open Forum this the 4^th day of April, 2017.

 

       Sd/-                                                                                                                      Sd/-                             

Lady Member                                                                                                      President

 

APPENDIX OF EVIDENCE

 

 

Witnesses Examined on behalf of Complainant/s.

 

PW-1: G. Nagaraju (Chief/Evidence Affidavit filed).

 

Witnesses Examined on behalf of Opposite PartY/S.

 

RW-1: T.Balaji  (Chief Affidavit filed).

RW-2: Sai Kumar Varaganti (Chief evidence affidavit filed).

 

EXHIBITS MARKED ON BEHALF OF THE COMPLAINANT/s

 

Exhibits (Ex.A)	Description of Documents
	Photo copy of mail received from
	Photo copy of online ticket received from
	Photo copy of mail payment is not completed 39398677 from APSRTC through
	Photo copy of statement for HDFC Bank Credit Card pertaining to complainant’s account dt.07.08.2015.
	Photo copy of Duplicate Credit Card Statement pertaining to complainant’s account, Dt: 07.04.2016.
	Office copy of Legal Notice, Dt: 16.05.2016.
	Photo copy of E-Mail legal notice sent to the opposite parties No.1 to 4 and 6, dt: 16.05.2016 at 4.55pm.
	Photo copy of Acknowledgement received on behalf of opposite parties No.1, 2 & 6, Dt: 16.05.2016 at 5.34pm.
	Photo copy of Acknowledgement received on behalf of opposite parties No.3 & 4 Grievance Redressal Dt: 16.05.2016 at 5.15pm.

 

EXHIBITS MARKED ON BEHALF OF THE OPPOSITE PARTY/s

 

Exhibits (Ex.B)	Description of Documents
	Attested true copy of Track Ticket Status. Ticket No.43154603. Date of Journey: 17.07.2015.
	Attested true copy of APSRTC Refunds Team Reply.
	Attested true copy of HDFC Bank Credit Card Statement. Dt: 07.08.2015.
	Attested true copy of HDFC Bank Credit Card Statement. Dt: 07.04.2016.
	Photo copy of E-Mail correspondence filed by the opposite parties 3 to 5. Dt: 19.12.2016.
	Photo copy of  E-Mail correspondence. Dt: 19.12.2016.
	True copy of Ticket tract reports for Ticket No.43154603 and 43177406. Cash receipt memo for 2 tickets and SMS Report.
	Original S.R (APSRTC Statistical and Ticket Accountal Record (STAR). No.004868085) and Photo copy of APSRTC Auxiliary Way Bill. Dt: 17.07.2015.

 

 

 

                                                                                                                                         

                                                                                                                                    Sd/-       

                                                                                                                      President

          

              // TRUE COPY //

// BY ORDER //

 

Head Clerk/Sheristadar,

               Dist. Consumer Forum-II, Tirupati.

 

Copies to:-     1.  The complainant.

                        2.  The opposite parties.