Delhi

North East

RBT/CC/200/2024

SHRI GOPAL DASS - Complainant(s)

Versus

M/S NIRMAL MEDICOS - Opp.Party(s)

04 Nov 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

RBT/Complaint Case No. 200/24

 

 

 

In the matter of:

 

		Sh. Gopal Dass S/o Sh. Narain Dass R/o H. No. 9/115, Block 9, Near Shastri Mandir, Geeta Colony, Delhi 110031		Complainant
		Versus
		M/s Nirmal Medicos Through its Partners Shop No.2, Plot No.1, Pankaj Plaza, Rishabh Vihar, Delhi 110092		Opposite Party
			DATE OF INSTITUTION:         JUDGMENT RESERVED ON:                           DATE OF ORDER:		11.07.23 29.07.24 04.11.24

 

CORAM:

Surinder Kumar Sharma, President

Ms. Adarsh Nain, Member

ORDER

Surinder Kumar Sharma, President

The Complainant has filed the present complaint under Section 35 of the Consumer Protection Act, 2019.

Case of the Complainant                                                                 

1. The case of the Complainant as revealed from the record is that on 19.10.22 the Complainant purchased some articles from the Opposite Party shop for an amount of Rs. 2,550/- for which the Complainant had asked the Opposite Party to provide the bill but the Opposite Party did not provide the same as short of bill books and fresh bill books were under printing process. The Complainant made the payment of Rs. 2,550/- through Phonepe application.  However, the Opposite Party told the Complainant that the said payment was declined because the said application was not working properly and further, the Opposite Party asked the Complainant to make payment through some other mode. The Complainant believed the words of the Opposite Party and made payment of Rs. 2,550/- through Paytm application.   When the Complainant came to Shviam Surgical & Maternity Centre, Delhi 92, where his child was hospitalized he checked his phone and he found that the payment of               Rs. 2,550/- was deducted twice from his account i.e. both the payments from Phonepe and Paytm applications were successful. The Complainant immediately visited the shop of the Opposite Party and asked to refund the excessive payment of Rs. 2,550/- the Opposite Party told the Complainant that his phonepe application was still not showing any such amount as received. The Opposite Party outrightly refused to show the phonepe application in the phone of Opposite Party to the Complainant and asked to come after some time as the transaction may be delayed. After some time the Complainant again visited the Opposite Party but the Opposite Party again made the same excuse and did not refund the amount. The Complainant also sent an e-mail to Phonepe helpdesk and vide reply dated 21.10.22 the Phonepe helpdesk informed the Complainant that the aforesaid payment of Rs. 2,550/- was successfully transferred to the Opposite Party vide UTR No. YESB22935020934 on 20.10.22. The Complainant also obtained bank statement of his account which also reflected that both the payment of Rs. 2,550/- each was successfully transferred. Further the Complainant had also made complaint to UCO Bank to clarify the aforesaid transaction.  Thereafter the Complainant had also made complaint to Reserve Bank of India and vide reply dated 30.03.23 through e-mail it was clarified by the Reserve Bank of India that the payment of Rs. 2,550/- made through the Phonepe application was successfully transferred in the account bearing no. XXXXXXX5577, IFSC Code IDFB0040101 of M/s Nirmal Medicos. The Complainant further tried to contact the Opposite Party through his phone no. and also sent the reply of the Reserve Bank of India to the Opposite Party through Whatsapp but the Opposite Party neither refund the amount of Complainant nor pay any heed to the request of the Complainant.  The Complainant sent legal notice dated 08.05.23 to the Opposite Party but the Opposite Party has not made any refund of the excessive payment to the Complainant. Hence, this shows deficiency in service on behalf of the Opposite Party. The Complainant has prayed to refund the excessive amount of Rs. 2,550/- and for Rs. 25,000/- for mental agony. He further prayed for Rs. 25,000/- towards litigation expenses.
2. The right to file the written statement on behalf of Opposite Party was closed vide order dated 06.02.24 by the Predecessor Commission.

Evidence of the Complainant

3. The Complainant in support of his complaint filed his affidavit wherein he has supported the averments made in the complaint.

Arguments & Conclusion

4. We have heard the Ld. Counsel for the Complainant. We have also perused the file and the written arguments filed by the Complainant.  The case of the Complainant is supported by his affidavit and photocopies of screenshot of the payments made to the Opposite Party and other documents. The Complainant has also filed certificate u/s 65 B of Indian Evidence Act. The copy of the screenshot shows that the payment of Rs. 2,550/- was made twice to the Opposite Party on 19.10.22.  Similarly, copy of the transaction screenshot has been filed and shows that payment was made twice to the Opposite Party and the transactions are shown successful.  The Complainant has filed copy of his UCO Bank passbook and the same shows that on 19.10.22 two deductions have been made of Rs. 2,550/- each. The Complainant has filed copy of the email received from Reserve Bank of India which shows that the disputed amount was successfully settled into the end beneficiary i.e. Nirmal Medicos on 20.10.22.
5. In view of the above mentioned documents and the affidavit of the Complainant, it is proved that the Opposite Party has received an excessive amount of Rs. 2,550/- from the Complainant and did not return the same to him. Therefore, the complaint is allowed. The Opposite Party is directed to refund an amount of Rs. 2,550/- to the Complainant with interest @ 9 % p.a. from the date of filing the complaint till recovery. The Opposite Party is further directed to pay Rs. 15,000/- for mental harassment and Rs. 15,000/- for litigation expenses to the Complainant with interest @ 9 % p.a. from the date of this order till recovery.
6. Order announced on 04.11.24.

Copy of this order be given to the parties free of cost.

File be consigned to Record Room.

 

(Adarsh Nain)      Member

(Surinder Kumar Sharma) President