Andhra Pradesh

Chittoor-II at triputi

CC/52/2018

Ashish Nettyam, S/o N.Prabhakar - Complainant(s)

Versus

The Sub Registrar, Thottambedu - Opp.Party(s)

National Association of Consumer (NAC)

31 Jan 2019

ORDER

Filing Date: 17.07.2018

Order Date:31.01.2019

 

 

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II,

CHITTOOR AT TIRUPATI

 

 

      PRESENT: Sri.T.Anand, President (FAC)

               Smt. T.Anitha, Member

 

 

 

THURSDAY THE THIRTY FIRST DAY OF JANUARY, TWO THOUSAND AND NINTEEN

 

 

 

C.C.No.52/2018

 

 

Between

 

 

Ashish Nettyam,

S/o. N.Prabhakar,

# 9-2-329, 9^th ward,

Uravakonda – 515 812,

Ananthapur District.                                                                                                … Complainant.

 

And

 

 

1.         The Sub Registrar,

            Thottambedu,

            Srikalahasti – 517 644,

            Chittoor District.

 

2.         The District Registrar,

            Sri Balaji Registration District,

            Tirupati – 517 501.

 

3.         The Commissioner & Inspector General of Registration and Stamps,

            # 5-59, R.K.Spring Valley Apartments,

            Edupugallu,

            Kankipadu Mandal,

            Vijayawada – 521 151,

            Andhra Pradesh.                                                                        …  Opposite parties.

 

 

 

 

            This complaint coming on before us for final hearing on 09.01.19 and upon perusing the complaint and other relevant material papers on record and on hearing National Association of Consumers (NAC) - President, on behalf of the complainant, and Sri.M.Balakrishnama Naidu, counsel for opposite parties, and having stood over till this day for consideration, this Forum makes the following:-

ORDER

DELIVERED BY SRI. T.ANAND, PRESIDENT (FAC)

ON BEHALF OF THE BENCH

           

            This complaint is filed under Section –12  of C.P.Act 1986, with the following allegations –

2.  The complainant made online payment in “registration.ap.gov.in / online payment” towards stamp duty for property registration on 13.03.2018 from his S.B.Account No.00000030671972650. A total amount of Rs.65,060/- has been debited from his account, but e-challan was not generated. Bank officials also confirmed that amount has been transferred to the Merchant’s account. He paid Rs.220/- towards service charges for each transaction. He tried to contact number 1800 425 9908 provided for queries and complaints, but it is out of service.  Thereafter, he complained to Sub-Registrar, Thottambedu, and District Registrar, Tirupati, but they are not able to help him, as the transaction is online transaction. Thereafter he checked in the website “cfms.ap.gov.in/challan status” by using department transaction ids (or using bank transaction ids) and the status is showing that the transactions are successful,  and payment is transferred into government treasury. When he checked in the website “registration.ap.gov.in/online payments” using the same department transaction ids, it is displaying “Error: Challan number not found for this department transaction id”. Thus three transactions done by him failed and for each transaction Rs.21,920/- was deducted from his account, and thus a total sum of Rs.65,060/- was deducted for three failed transactions. He is entitled to get refund of the same. The details are given under:

Department Transaction IDs:	Amount
1803130302531021	Rs.21,920/-
1803130306361021	Rs.21,920/-
1803130336531021	Rs.21,220/-
Total:	Rs.65,060/-

 

He has been pursuing the issue with District Registrar, Tirupati. Two months later, he was informed that they have upgraded the website ‘registation.ap.gov.in’ and gave a link to check especially the failed / pending challans. Accordingly, by using department transaction ID, he opened the link and it is showing the challans, but these challans are of no use to him, as he had already got the registration is done by doing another successful transaction. The concerned authorities are not admitting their mistake on the ground that it is technical fault on their website and further they suggested him to apply for cancellation of challans. He had to forfeit user charges and 10% of stamp duty if that procedure is followed and he had to forego Rs.7,000/-. The very meaning of online transaction is to reduce the time taken and to ease registration process, but contrary to that he had to suffer physical and mental strain. Three notices have been issued to The Sub Registrar, Thottambedu, The District Registrar, Tirupati and The Commissioner and Inspector General of Registration and Stamps, Vijayawada, vide notice dt:05.06.2018, which were acknowledged by the respective authorities but no reply was given. As there is negligence and deficiency in service on the part of opposite parties, complainant had to file this complaint directing the opposite party to return the failed transaction amount of Rs.65,060/-, which was credited to opposite party account with interest at 24% p.a. from 13.03.2018, to direct the opposite party to pay Rs.90,000/- towards mental agony, negligence and deficiency in service, and to pay costs of the litigation.

3.  Opposite party No.1 filed written version and the same was adopted by opposite parties 2 and 3 by filing adoption memo, which is part and parcel of written version of opposite party No.1. They contended as follows – At the outset the complaint averments are denied. The complainant is called upon to prove that he made online payment on 13.03.2018 from his SBI Savings Bank Account No.00000030671972650 towards stamp duty for property registration in “registration.ap.gov.in / online payment” and that a total amount of Rs.65,060/- has been deducted from his S.B.Account, but e-challan was not generated and got confirmation from the bank officials that amount has been transferred to the merchant account, and it happened multiple times, that the complainant though tried to contact service centre and website ‘registration.ap.gov.in’, he failed in his attempts due to lack of proper services. The complainant was further called upon to prove that the challan status in ‘cfms.ap.gov.in’ displayed that transactions are successful and payment is transferred to government treasury and that website ‘registration.ap.gov.in/online payments’ displaying error ‘challan number not found for this department transaction id’. It is further denied that three notices were issued to concerned authorities, which were received and acknowledged by them. The three challans filed by the complainant are not in the name of “Ashish Nettyam”, but they show the name of “Ashok” as the remitter. Hence, complainant has no locus standi to file the complaint against the opposite parties. The challans did not contain the name of the complainant. The payment was successful in respect of transaction ID bearing No.20000084122017 for Rs.21,920/- only. The remitter of successful challan only has to claim refund of the amount through Sub Registrar concerned, if he does not want to utilize the challan for registration purpose. However, in respect of other two challans where transactions failed, the remitter has to pursue with the concerned SBI branch to credit the amount back into the S.B.Accout of the remitter. The complaint is therefore not maintainable, as there is no service failure on the part of Department of Registration and Stamps. The complainant could not implead government as necessary party in the complaint. Therefore, the complaint is liable to be dismissed for non-joinder of necessary parties in this complaint. The complainant did not approach this Forum with clean hands. The complaint was filed only to harass the opposite parties. The complainant is liable to pay Rs.2,00,000/- towards compensation to the opposite parties. The complaint is barred by limitation. There is no cause of action to file this complaint. The court has no jurisdiction to entertain the complaint. It is therefore prayed to dismiss the complaint.

4.  The complainant filed chief evidence affidavit as P.W.1 and marked Exs.A1 to A7. On behalf of the opposite parties one K.Mohan Babu, was examined as R.W.1 and no documents are exhibited.

5.  The point for consideration is whether there is deficiency in service on the part of opposite parties? If so, to what extent the complainant is entitled for the reliefs sought for in the complaint?

6. Point:-  The documents filed by the complainant are as follows – Ex.A1 is SB Account statement in the name of the complainant. It shows that three transactions  done by the complainant failed on 13.03.2018. Ex.A2 is e-statement showing “error and challan number not found”. Ex.A3 is letter addressed by the complainant to District Registrar, Tirupati, stating that he made online payment for stamp duty and registration charges, but the challan was not generated though amounts were debited from his bank account and this happened multiple times and further complainant urged to remit back the amount to his account number. Ex.A4 is challan status statement dt:05.10.2018. Ex.A5 is e-payment receipt showing payments made by the complainant through CFMS. Ex.A6 is notice issued by complainant to the Sub Registrar, Thottambedu, Srikalahasti, wherein it is stated that when he checked the website using department transaction id (or using bank transaction id), it is showing that transaction is successful, payment is transferred to government treasury. But when he checked with the same department transaction ids in the “registration.ap.gov.in/online payments” it is displaying “Error: challan number not found for this dept. tran id”. Like that two more notices with same contents were issued to other two parties in the case. Ex.A7 is postal acknowledgement cards to show that copies of notice under Ex.A6, were received by the respective opposite parties.   

7. In the written arguments complainant argued that he made online transactions on 13.03.2018 through “registration. ap.gov.in / online payment” towards payment of stamp duty and registration charges. A total sum of Rs.65,060/- was deducted from his S.B.Account, but actually the prescribed amount is Rs.21,920/-. He further argued that though three transactions done by him failed, a total sum of Rs.65,060/- was deducted from his bank account and he is entitled to get refund of that amount. It is the argument of the complainant that though receipt is showing the name Ashok, actually amounts were deducted from his account and as such he is a consumer within the meaning of Section-2(i)(d) of C.P.Act, and he is entitled to get back the amounts deducted from his account. The documentary evidence shows that there are three failed transactions done by one Ashok and the amounts were deducted from the account of the complainant. It is the argument of the opposite party that complainant is not concerned with the transactions and they are showing the name of Ashok, who did online transactions. As seen from Ex.A1 a total sum of Rs.65,060/- was deducted from the account of the complainant, and on the instructions of the complainant, one Ashok must have done the online transactions. Therefore, the contention of the opposite party that complainant is not a consumer cannot be accepted, since the amount is deducted from the account of the complainant, and he is entitled to claim refund of that amount. It is not in dispute that one of the e-challan generated due to successful transaction. On the basis of the documentary evidence submitted by the complainant, we hold that complainant is entitled to get refund of Rs.65,060/- (for each failed transaction for three times). Accordingly, this complaint is allowed.

8.  In the result, complaint is allowed directing the opposite parties jointly and severally liable to refund Rs.65,060/- (Rupees sixty five thousand and sixty only) towards failed transactions amount, and to pay Rs.5,000/- (Rupees five thousand only) towards compensation for mental agony undergone by the complainant due to deficiency in service and also to pay Rs.2,000/- (Rupees two thousand only) towards litigation expenses. Time for compliance of the order is two months, failing which Rs.65,060/- and Rs.5,000/- shall carry interest at 9% p.a. from the date of this order, till realization.                              

Dictated to the stenographer, transcribed and typed by him, corrected and pronounced by me in the Open Forum this the 31^st day of January, 2019.

 

        Sd/-                                                                                                                     Sd/-                                  

Lady Member                                                                                               President (FAC)

 

 

APPENDIX OF EVIDENCE

 

 

 

Witnesses Examined on behalf of Complainant/s.

 

PW-1: Ashish Nettyam (Chief Affidavit filed).

 

Witnesses Examined on behalf of Opposite PartY/S.

 

RW-1: K. Mohan Babu (Chief Affidavit filed).

 

 

EXHIBITS MARKED ON BEHALF OF THE COMPLAINANT/s

 

Exhibits (Ex.A)	Description of Documents
	Self attested colour photo copy of E- Statement of SBI, SB Account bearing No.30671972650 for the period from 13.03.2018 to 14.03.2018. Dt: 25.05.2018.
	Self attested colour photo copy (3 sets) of e- Payment slip of Registration and Stamps Department showing error as: ‘Challan number not found for Dept TranId: 1803130302531021’.
	Office copy of complaint Dt: 19.03.2018 to the District Registrar, Sri Balaji Registration District, Tirupati.
	Self attested colour photo copy (3 sets) of ‘Challan Status Display’ from CFMS Portal. Payment Dt: 13.03.2018.
	Self attested photo copy (3 sets) of ePayment Receipt User Details. Dt: 05.10.2018.
	Office copy of Notice, Dt: 05.06.2018 issued to the Opposite Parties (3 sets).
	Postal Acknowledgement Cards (3) Acknowledged by the Opposite Parties.

 

EXHIBITS MARKED ON BEHALF OF THE OPPOSITE PARTY/s

 

-NIL-

 

 

                                                                                                                       Sd/-        

                                                                                                                President (FAC)

   

     // TRUE COPY //

// BY ORDER //

 

Head Clerk/Sheristadar,

          Dist. Consumer Forum-II, Tirupati.

  

 

  Copies to:-   1.  The complainant.

                        2.  The opposite parties.