DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, PALAKKAD

Dated this the 16^th  day of August, 2023

Present  : Sri.Vinay Menon V., President

              : Vidya.A, Member

              : Sri.Krishnankutty N.K., Member                Date of filing: 11/12/2020         

     CC/160/2020

Hyder Ali,

S/o Ahammed,

Panankara House,

Moolancode P.O,

Palakkad – 678 684

(By Adv.Shameera.M)                                                         -         Complainant

V/s

1. The Regional Manager,

    Vodafone-Idea Limited-Keral,

    XL/5115, II Floor. Ashis Building

    Shanmugam road,    

    Cochin

Ernakulam, Kerala -682 031.                                          

2. District Manager,

    Vodaphone -Idea Limited, Kerala,

    Court Road, Sulthanpetta Jn.

    Palakkad – 678 001.                                                  -              Opposite parties            

    (Adv.P.Muralidharan for both OPs)

O R D E R 

By Sri.Krishnankutty.N.K., Member

1.  Pleadings of the complainant in brief.        

      The complainant inadvertently paid Rs.3000/- to the opposite parties while making an online payment for a mobile phone bill of Rs.300/- on 07/10/2020. Though the opposite parties agreed to refund the excess amount paid, have not done it sofar. Hence this complaint is filed seeking refund of the excess amount of Rs.2700/- along with a compensation of Rs.1,00,000/-

2.   Notice was issued to the opposite parties and they entered appearance and filed joint version. Their contention is that the excess amount of Rs.2700/- has already been refunded to the complainant on 05.11.2020 itself, that is before the filing of this complaint.

3.  Based as the pleadings of the complainant and the opposite parties, the following issues were framed for consideration.

1. Whether, the OPs had refunded the excess amount paid by the complainant ?
2. Whether there is any deficiency in service on the part of opposite parties ?
3. Whether, the complaint is entitled to the reliefs claimed ?
4. Reliefs, if any as to cost and compensation.

4.  The complainant filed proof affidavit and marked Ext.A1 and A2 as evidence, Both are Bank Account statements of the complainant with Federal Bank, Wadakkenchery. The OPs did not file proof affidavit and mark any document. Though the case was referred for adalaths held on 25/3/22, 29/7/22 and 26/8/22 no settlement could be reached.

     Issue 1 & 2

5.  The Ext.A1 adduced as evidence, clearly show that an amount of Rs.3000/- has been paid to the OP by way of mobile banking transfer. Ext.A2 show the ledger entries of the account from 03.11.2020 to 09.11.2020, which did not show any credit entry of Rs.2700/- representing the refund said to have been made by the opposite parties. Further the OPs have not adduced any evidence to prove their claim of having made the refund. In the absence of any conclusive evidence to show that the refund has been made by the opposite parties it is to be presumed that the opposite parties are liable to make the payment to the complainant and the delay of almost 3 years in making the refund is a definite case of deficiency in service and unfair trade practice. Hence the complainant is to be compensated for the same.

6.  Resultantly the complaint is allowed as follows.  

1. The OPs are directed to refund Rs.2700/- along with interest @10% p.a from 07/10/2020 till the date of payment.
2. The OPs are also liable to pay Rs.10,000/- as compensation of deficiency in service and the resultant mental agony.
3. The complainant is also entitled to receive Rs.10,000/- cost of litigation from the complainant.

The above amounts are to be paid within 45 days of receipt of this order, failing which the opposite parties are liable to give Rs.250/- as solatium per month or part thereof till the date of payment.

         Pronounced in open court on this the 16^th  day of August, 2023.

Sd/-

                                                                                      Vinay Menon V

                                          President

Sd/-

                                                                         Krishnankutty N.K.

                                                                                 Member

APPENDIX

Documents marked from the side of the complainant : 

Ext. A1 : Bank Account statement of the complainant from 04/10/2020 to  

              06/10/2020.

Ext. A2 : Bank Account statement of the complainant from 03.11.2020 to 

              09.11.2020.

Exhibits marked from the side of the opposite party: Nil

Witness examined from the side of the complainant: Nil

Witness examined from the side of the opposite party: Nil

Court Witness: Nil

Cost : 10,000/-

NB: Parties are directed to take back all extra set of documents submitted in the proceedings in accordance with Regulation 20(5) of the Consumer Protection (Consumer Commission Procedure) Regulations, 2020 failing which they will be weeded out.