DATE OF PRONOUNCE: 31.08.2023

(E-DAAKHIL)

PER:  SHRI SATISH KUMAR PANIGRAHI, PRESIDENT

1. The recharge of Jio mobility when failed and not refunded the amount to the complainant on time after several approaches, the complainant filed this complaint under Sec. 35 of the Consumer Protection Act, 2019, and leveled allegations against the Opposite parties for the deficient services. Therefore, the complainant sought the following reliefs –
   1. Refund of debited amount of Rs.2999/- to the complainant; and
   2. Payment of compensation of Rs.5000/- to the complainant; and
   3. Payment of litigation cost of Rs.1500/-.
2. The brief fact of the case is that, the complainant has made a payment of Rs.2999/- through transaction no: UPI / 225125594163 / JIO0BR00088I6Y / jio@yesbank / Yes B dated: 08.09.2022towards recharge the jio mobility bearing his mobile number 7008240589 but said amount not credited and the complainant was not able to use the said mobile number timely. The complainant submitted that, the said amount was debited from his bank a/c no:027001521995 of ICICI BANK which is stands in the name ofSankarsan Panda on 08.09.2022. Due to not being credited for the amount in said jio mobility, the complainant is suffering an irreparable loss in his self-employment. In constraint, now the complainant is recharging through monthly validity payment facility. The complainant approached to the opposite parties through Consumer Counseling Centre, Ganjam in twitter on 05.11.2022 & on Nov 15, 2022 and also issued a self-notice through email at yestouch@yesbank.in on 6th Nov. 2022 but nobody pay any heeds to it. Therefore, the complainant alleged that the opposite parties rendered deficient services. Hence this complaint.
3. Admitting the complaint, the Commission issued notice to the op through email submitted by the complainant which was duly served upon the opposite parties.
4. On the date of the hearing, the complainant was found absent on repeated calls, and no steps were also filed. On perusal of the case record and verification of the complaint and available documents, it appears that, after notice the opposite parties have not appeared in the case nor filed its written version and sufficient opportunities are also provided to contest the case but no steps taken during the proceeding in the present case.
5. On analyzing the case of the complainant, it is observed that, whether the complainant is entitled to get back his amount from the OPs. Considering the available documents in the case record and complaint, the contention of the complainant is true and correct.On perusal of the case record, it appears that, when the complainant wants to recharge the Jio mobility bearing Mobile No.:7008240589 from his end, the opposite party no.3 the banker allowed the amount of Rs.2999/- from the complainant’s account and forwarded the same to the opposite party no.2 through the opposite party no.1 to credited the amount against the mobile no.:7008240589. In the instant case the said transaction was successful but the recharge value was not credited against the mobile no:7008240589 which was maintained by the opposite party no.2. It is mandatory in accordance to the Reserve Bank of India guidelines if UPI payment was unsuccessful, the debited amount should be refunded to the same bank account of the consumer from where the amount was debited within seven working days. But in the instant case, the amounting of Rs.2999/- was not refunded to the complainant within seven working days. Further we found that, the complainant approached all the opposite parties through the email and also through the twitter account of the Consumer Counseling Centre, Ganjam at Berhampur. As per advise, the complainant approached the opposite party no.1 through email on 06.11.2022 but nobody responded it.
6. The Commission relied upon the Payment and Settlement Systems Act, 2007 allowed the present complaint against op no. 1 & 2 and dismissed against the OP no.3.
7. Hence, the opposite party no. 1 & 2 are jointly severally liable to refund the amount of Rs.2999/- together with litigation cost of Rs.1500/- to the Complainant. Further the Op no.1 is directed to pay compensation of Rs.100/- per day from the date of filling of the case i.e., 22.11.2022 till the actual date of payment to the complainant. The op no.1 & 2 are directed to comply the entire order (supra) within 45 days from the date of receipt of this Order. The complainant is at liberty to recover the entire dues from the opposite party no. 1 & 2 in accordance to the Consumer Protection Act, 2019.
8. This case is disposed of accordingly.
9. The Judgment be uploaded on the www.confonet.nic.in for the perusal of the parties.
10. A certified copy of this Judgment be provided to all the parties free of cost as mandated by the Consumer Protection Act, 2019 or they may download same from the www.confonet.nic.in to treat the same as if copy of the order received from this Commission.
11. The file is to be consigned to the record room along with a copy of this Judgment.

Pronounced on 31.08.2023.