IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Friday the 31st day of July, 2015.
Filed on 15..12..2014
Present
- Smt. Elizabeth George (President)
- Sri. Antony Xavier (Member)
- Smt. Jasmine D (Member)
in
C.C.No.347/2014
between
Complainant:- Opposite party:-
Sri.Hidayathmon Thankam Fules
Hidayath manzil Near N.H.Bye Pass (X-ray Jn.)
Santhinagar P.B.No.43, Cherthala P.O.
Kuravanthodu Alappuzha
Punnapra P.O. (By Adv.V.R.Bindu)
Alappuzha.
O R D E R
SMT. JASMINE D. (MEMBER)
The case of the complainant in short is as follows:
The complainant went to the opposite party for filling fuel in his vehicle on 01.12.2014. Since the opposite party has the facility to accept payment through card, the complainant handed over his master card to the opposite party for effecting the payment and the opposite party effected the payment through card. The complainant got message in his mobile phone from his bank that an amount of Rs.2,200/- has been debited from his account and the same was credited to the opposite party. But the opposite party claimed that the amount has not been credited into their account and they demanded for the fuel price of Rs.2,200/- again and the opposite party does not allow the complainant to leave the place without remitting the fuel price. Since there is no other option left the complainant went to the nearby ATM and to get the amount and paid the amount in cash also. According to the complainant, he effected the double payment for the same bill. Also the opposite party behaved badly to the complainant in front of the public and the complainant caused much mental agony. Furthermore the complainant who is doing business has to go Thirupur on that day. The act of the opposite party caused much delay and the complainant could not reach the destination on time so that he cannot proceed with that business and caused much financial loss also. Hence the complainant filed this complaint, alleging deficiency in service on the part of the opposite party.
2. The version of the opposite party in short is as follows:
The complainant is not maintainable. The opposite party has not got any amount through the card of the complainant and the same was communicated to the complainant. No staff of the opposite party behaved badly to the complainant. The allegation of the complainant is that he has lost his business at Thirupur due to the delay caused by the opposite party is false. The amount of Rs.2,200/- has been credited to the complainant’s account by the bank. Since the amount was credited into the complainant’s account by the bank itself show that there is no deficiency in service on the part of the opposite party. The opposite party is not liable to pay any compensation to the complainant. Hence the complaint may be dismissed with the cost of the opposite party.
3. The complainant was examined as PW1 and documents Exts.A1 to A3 were marked. The opposite party was examined as RW1 and Exts.B1 to B3 was marked from the side of the opposite party. Ext.A1 is the copy of passbook of the complainant. Ext.A2 is the statement of account. Ext.A3 is the receipt given by the opposite party. Ext.B1 is the settlement of report of opposite party. Ext.B2 is the copy of detailed report of sales on 01.12.2014. Ext.B3 is the statement of accounts of the opposite party in HDFC Bank.
4. Considering the allegations of the complainant and contention of the opposite party the Forum has raised the following issues for consideration.
- Whether there is any deficiency in service on the part of the opposite party?
- Whether the complainant is entitled to get the relief as prayed for?
5. Issues 1 and 2:-
Issues 1 and 2 can be considered together: The case of the complainant is that he went to the opposite party for filling fuel in his vehicle. Since the opposite party has the facility of payment through card, the complainant gave his master card to the opposite party for effecting the payment of the fuel price. The opposite party’s staff swiped the card for effecting the payment and at the same time the complainant got a message from the bank that an amount of Rs.2,200/- has been credited into the account of the opposite party. But the opposite party’s staff informed the complainant that the transaction was not successful and when they again tried to swipe the card, the complainant showed the message to the opposite party which was received from the bank. But the opposite party claimed that the transaction has not been processed and demanded for the price of the fuel. When no other options left, the complainant was forced to pay the amount in cash also and there by effected double payment towards the same fuel price and hence filed this complaint seeking refund of Rs.2,200/- along with compensation of Rs.20,000/- .
6. According to the opposite party the payment using the card was not successful and the amount of Rs.2,200/- was not credited into their account and the same was communicated to the complainant. On verifying the documents produced by the opposite party it is clear that no such amount was credited to the account of the opposite party. From Ext.A2 it can be seen that on 17.12.2014 the amount of Rs.2,200/- has been credited to the complainant’s account and the same was not credited from the opposite party’s account. So from Ext.A2 it is clear that the contention put forward by the opposite party is genuine. When the complainant was cross examined by the opposite party he deposed that he filed this complaint because of the delay caused in crediting the amount into his account. If it is being so, if any delay is caused in crediting the amount which was not disbursed it was not because of any deficiency in service on the part of the opposite party. If that point is to be considered, the complainant should have been made the bank as a party to the proceedings. Admittedly the alleged incident happened on 01.12.2014 and the complainant filed this complaint before the Forum on 15.12.2014. The amount was credited into his account on 17.12.2014. From the documents, it is clear that the alleged transaction using card was not successful and no amount was credited into the opposite party’s account from the complainant’s account. The opposite party received the payment only through cash. Since the said amount was not credited into the opposite party’s account, they demanded for the fuel price that does not amounts to deficiency in service. Such points the 1st and 2nd are found in favour of the opposite party. So, we cannot hold the opposite party liable for any deficiency in service.
In the light of above discussion we can undoubtedly say that there is no deficiency in service on the part of the opposite party. Since there is no deficiency in service found, the question of compensation does not arise for consideration and hence the complainant is dismissed.
In the result, the complaint is dismissed.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and pronounced
in Open Forum on this the 31st day of July, 2015.
Sd/- Smt. Jasmine D (Member)
Sd/- Smt. Elizabeth George (President)
Sd/- Sri. Antony Xavier (Member)
Appendix:-
Evidence of the complainant:-
+
PW1- Hidayathmon (Witness)
Ext.A1 - Copy of passbook of the complainant.
Ext.A2 - Statement of account.
Ext.A3 - Receipt given by the opposite party.
Evidence of the opposite party:-
RW1 - Jacob John (Witness)
Ext.B1 - Settlement of report of opposite party.
Ext.B2 - Copy of detailed report of sales on 01.12.2014.
Ext.B3 - Statement of accounts of the opposite party in HDFC Bank.
Pg/-
-//True copy//-
By Order,
Senior Superintendent.
To
Complainant/Opposite party/SF
Typed by: Pg//
Compd.By: Pr/-
