Sri N. Mahapatra, President : The complainant Binod Bihari Mishra has filed this case against OPs under section 12 of C.P. Act for redressal of his grievance before this Ld. forum with a prayer to refund the excess amount Rs. 203.26 and to award Rs. 10,000/- towards mental agony along with Rs. 10,000/- towards cost of litigation in his favour.

The complainant's case in brief is that he purchased lit 118.41 ml diesel from OP No.1 at the rate of liter Rs. 61.11 per lit. and total amount of Rs. 7,236/- paid to OP No.1 on 05.08.2017 but due to non availability of cash the complainant used his ATM card through swap machine of OP No.1 for which Rs. 7,236/- debited from his bank account as per the SMS received from the bank. But the complainant got to know from his mini statement slip from ATM that Rs. 7,439.26 has been debited from his account on 05.08.2017. Thereafter the complainant went to OP No.1 for clarification but OP No.1 replied that no illegal work is done by him as such the complainant went to OP No. 3's bank for updating his passbook and got to know that an excess amount of Rs. 203.26 has been debited from his bank account when the complainant Inquired about this excess deduction, OP No.3 replied that the said excess amount has been deducted by OP No.1. Being aggrieved by the Act of OP No.3 the complainant asked to OP No.1 who could not answer properly. Though the complainant ventilated his grievance to OP No.2 for taking action against OP No.1 but OP No.2 did not take any action against him, for which the complainant has filed this case against the OPs.

The complaint is admitted and notices were issued to the OPs for their appearance and filing written version. Accordingly the OPs appeared through their Advocates and filed their written version, evidence on affidavit and document as per list.

It is stated by the OPs in their written version that there is no cause of action for filing this case and there is no liability on the part of the OPs.

On the date of hearing we heard the arguments from the Advocates of the parties. In the instant case after perusal of the record, scrutiny of documents and materials on record it reveals that the complainant had purchased lit 118.41 ml of diesel at the rate of Rs. 61.11 per liter from OP No. 1 and the complainant has paid Rs. 7,236/- through ATM by swap machine of OP No. But the complainant after getting mini statement got to know that Rs. 7,439.26 instead of Rs. 7,236/- has been debited from his Bank Account. The complainant got to know from the SMS of the Bank that Rs. 7,236/- has been debited from his account on 05.08.2017. As such after getting the mini statement the complainant went to OP No.3's bank and after updating his account got to know that Rs. 7,439.26 has been debited from his account. It is pertinent to mention here that though the complainant swapped his ATM card for debiting Rs. 7.236/- on 05.08.2017 at the time of purchasing diesel from OP No.1's petrol pump and accordingly got the SMS that Rs. 7,236/- has been debited from his account but actually Rs. 7,439.26 has already been deducted from the complainant's account on 05.08.2017 which is an excess amount of Rs. 203.26. It also reveals from SMS receipt of OP No.3' bank that Rs. 7,236/- has been deducted from the complainant's account on 05.08.2017. Further it reveals from the statement of complainant's Bank account No. 555710100000180 that Rs. 7,439.26 has been debited from the complainant's account on 05.08.2017 which is a serious negligence on the part of OP No.3's Bank as there is difference of Rs. 203.26 between the debit amount in SMS and the debit amount in passbook on 05.08.2017.

On foregoing discussion it is clear evident that the OP No.3 is negligent in rendering proper service to the complainant. Hence in our considered view there is deficiency in service on the part of OP No.3. We do not find any liability against OP No.1, 2 & 4. But for deficiency in service on the part of the OP No.3 the complainant has sustained mental agony and compelled to file this case against the OPs for which the complainant is to be compensated. Hence it is ordered.

ORDER

The complainant's case is allowed against OP No.3 and dismissed against OP No.1, 2 & 4. The OP no. 3 is directed to pay Rs. 3,000/- towards compensation for metal agony, and Rs. 203.26 i.e. the excess amount debited from the complainant's account along with Rs. 2,000/- towards litigation cost to the complainant within 45 days from the date of receipt of this order, failing which all the dues shall carry 12% interest per annum.