Haryana

Karnal

CC/264/2022

Rajiv Gupta - Complainant(s)

Versus

Yes Bank Limited - Opp.Party(s)

Rajiv Gupta

26 Sep 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KARNAL.

 

                                                        Complaint No.264 of 2022

                                                        Date of instt 05.05.2022

                                                        Date of Decision:26.09.2024

 

Rajiv Gupta son of late Shri Samlesh Gupta, age 50 years, resident of house no.1378, sector-6, Karnal. 94160 84429.

                                                                        …….Complainant.

                                              Versus

 

1. Yes Bank Ltd. Sector-12, Karnal through its Branch Manager.
2. Traffic Challan Police, Highway, Sector-6, Green Belt, Karnal through its Incharge.

                                                                   …..Opposite Parties.

 

Complaint under Section 35 of Consumer Protection Act, 2019.

 

Before   Shri Jaswant Singh……President.

              Ms. Neeru Agarwal……Member

      Ms. Sarvjeet Kaur..…..Member

 

 Argued by: Complainant in person.

OP no.1 exparte, vide order dated 10.06.2022

OP no.2 exparte, vide order 02.01.2023.

 

                     (Jaswant Singh, President)

ORDER:   

                

                The complainant has filed the present complaint under Section 35 of the Consumer Protection Act, 2019 against the opposite parties (hereinafter referred to as ‘OPs’) on the averments that complainant is having a saving bank account no.016890700000896 with the OP no.1 and the said bank has also issued a debit card to the complainant. The complainant is the registered owner of a scooty bearing registration no.HR-05-AX-3818. On 16.07.2021, the complainant received a message on his mobile from the OP no.2 that a challan no.HR4696962107116121310 of Rs.1000/- has been generated for violating the traffic rules and a link was also sent to the complainant and it was asked the complainant to deposit the fine of Rs.1000/- through the said link. The complainant paid the amount of Rs.1000/- on 16.07.2021, vide reference no.071640025344 and the said amount was debited from the abovesaid account of the complainant. Thereafter, on 24.03.2022, the complainant again received a message from the OP no.2 that his challan has been sent to court and now the same will be paid in the court. The complainant was shocked to receive the said message from the OP no.2 as he had already paid the fine of Rs.1000/- to the OP no.2 through the OP no.1 and the amount was debited from his account meaning thereby the OP no.1 even after debiting the amount of Rs.1000/- from the account of the complainant, did not further credit the same in the account of the OP no.2 and due to this reason, the OP no.2 sent the challan to the court. Thereafter, the complainant approached the OP no.1 to enquire about the matter, but no satisfactory reply was given to the complainant. By debiting the amount of Rs.1000/- from the account of complainant and by not forwarding/crediting the same in the account of OP no.2, OP no.1 has committed deficiency in services. Due to this act and conduct of the OP, the complainant has suffered mental pain, agony and harassment, for which the complainant is entitled for compensation to the tune of Rs.50,000/- from the OP and Rs.55000/- towards the litigation expenses. Hence this complaint.

2.             On notice, OPs no.1 and 2 did not appear despite service and opted to be proceeded against exparte, vide order dated 10.06.2022 and 02.01.2023 respectively.

3.             Learned counsel for the complainant has tendered into evidence affidavit of complainant Ex.CW1/A, copy of statement of account Ex.C1, copy of payment receipt Ex.C2, copy of pending challan Ex.C3, copy of message Ex.C4 and closed the evidence on 19.01.2024 by suffering separate statement.

4.             We have heard the complainant and have gone through the record available on the file carefully.

5.             Complainant, while reiterating the contents of complaint, has submitted that he is having a saving bank account with the OP no.1. He is the registered owner of a scooty and on 16.07.2021, he received a message on his mobile from the OP no.2 that a challan of Rs.1000/- has been generated for violating the traffic rules and a link was also sent to him for deposit the fine of Rs.1000/-. He deposited the amount of Rs.1000/- on 16.07.2021, and the said amount was debited from his abovesaid account. On 24.03.2022, he received a message from the OP no.2 that his challan has been sent to court and now the same will be paid in the court. He was shocked to receive the said message as he has already paid the fine of Rs.1000/-.  OP no.1 did not further credit the said amount in the account of the OP no.2 and due to this reason, the OP no.2 sent the challan to the court. Act of OP no.1 by debiting the amount of Rs.1000/- from his account and by not crediting the same in the account of OP no.2, amounts to deficiency in service and unfair trade practice and lastly prayed for allowing the complaint.

6.             The onus to prove his version was relied upon the complainant. To prove his version, complainant has placed on file copy of statement of account Ex.C1, copy of payment receipt Ex.C2, copy of pending challan Ex.C3, copy of message Ex.C4. It has been proved from the statement of account Ex.C1, on 16.07.2021, OP no.1 debited the amount of Rs.1000/- from the account of complainant on account of challan payment.

7.             To rebut the evidence produced by the complainant, OPs did not appear and opted to be proceeded against exparte. Thus, the evidence produced by the complainant goes unchallenged and unrebutted and there is no reason to disbelieve the same. It is the duty of the OP no.1 after deducting the amount of Rs.1000/- from the account of complainant, remitted the same in the account of OP no.2 but OP no.1 did not remit the said amount to the OP no.2. Due to this act and conduct of OP no.1, complainant again deposited t he payment of challan. Hence, the act of the OP no.1 amounts to deficiency in service and unfair trade practice, thus the complainant is entitled for refund of Rs.1,000/- alongwith compensation for mental pain, agony and harassment and towards the litigation expenses.

8.             Thus, as a sequel to abovesaid discussion, we allow the present complaint and direct the OP no.1 to refund the amount of Rs.1000/- to the complainant. We further direct the OP no.1 to pay Rs.5000/- as compensation for mental pain, agony and harassment and towards the litigation expenses. This order shall be complied within 45 days from the date of receipt of copy of this order. It is made clear if the awarded amount is not paid by the OP no.1 within stipulated period then this amount will carry interest @ 9% per annum from the date of order till its realization. Complaint qua the OP no.2 stands dismissed. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Announced
Dated:26.09.2024

         President,

      District Consumer Disputes                           

      Redressal Commission, Karnal.

 

 

                   ( Neeru Agarwal)            (Sarvjeet Kaur)

                          Member                        Member