2. Complaint was admitted and notice was issued to the opposite party. The opposite party entered appearance and filed their version.
3. The opposite party in their version admitted that the complainant is the holder of the Credit Card sited in the complaint. They have stated that the payment of admission fee using the Credit Card is a direct transaction and it will be directly credited to the University only and any refund made by the University will be directly credited to the Credit Card account. There is no human intervention in the entire transaction, both made by the complainant to the University and the University to the complainant. They further submitted that, if really a credit has been received from the University, the same will be definitely be reflected in the statement of the Bank. If for any reason, the amount is not credited to his account, it will be reverted to the University’s account. The complainant has failed to produce any records to show that the amount has not been re-credited to the account of the University. Hence, the complaint is baseless and the complainant is not entitled to the reliefs claimed. Therefore, they prayed for the dismissal of the complaint with their cost.
4. From the pleadings of the parties, following points were framed for consideration.
1. Whether the opposite party is responsible for the non-credit of fee refunded by the University to the credit card account of the complainant?
2. Whether there is any deficiency in service on the part of the opposite party?
3. Whether the complainant is entitled to the reliefs claimed?
4. Any other reliefs.
5. Complainant filed proof affidavit and Exts.A1 to A6 marked from his side. There was no objection in marking the documents. The opposite party filed proof affidavit and Ext.B1 marked from their side. Evidence closed and heard the parties. The opposite party filed notes of arguments.
6. Point No.1
Complainant’s case is that he transferred an amount of Rs.9,030.31/- towards the admission fees of his daughter using the FLIP KART AXIS Bank Credit Card issued by the opposite party to the Central University of Andanantapurin on 27.11.2022. But unfortunately, the complainant’s daughter could not join the course during that period. So, he requested the University to refund the amount paid towards the admission fee. The University, in response to the student cancellation request, had transferred an amount of Rs.7,925/- after deducting Rs.1,000/- as processing fee. As per the letter by the University, the amount was refunded to the credit card account on 27.05.2023. When he checked the account as per the request of the University, he found that no amount was credited in his credit card account.
7. The complainant sent a mail to the opposite party on 03.07.2023 detailing the above facts. He received a reply mail from the opposite party on 14.07.2023 requesting to wait for 120 days. The period has ended in November, 14th and no action was taken by the opposite party till date.
8. In order to prove his case, the complainant produced 6 documents which were marked as Exts.A1 to A6. Ext.Ä2 is the photocopy of the Flipkart Axis Bank Credit Card statement of the complainant for the period from 20.11.2022 to 18.12.2022. This shows the transfer Rs.9,030.31 to the Central University of Andanantpurin on 27.11.2022. Ext.A3 is the copy of the letter from the Central University of Andhra Pradesh to the complainant’s daughter in which they have stated that;
“In response to the student cancellation request, after deducting rs.1,000/- as processing fee, the remaining amount of Rs.7,925/- was successfully refunded and reverted on 27.05.2023 with Transaction No.YAX61583760197”.
They have also given the transaction details. Ext.A4 is the copy of the E-mail sent by the complainant to the opposite party Bank, stating about the transaction using his credit card and the refund made by the University along with the details. In this, he had requested the opposite party Bank to check the issue of non-credit of the above refunded amount to the credit card account. Ext.A5 is the copy of the reply mail send by the opposite party to the complainant. In this, they have stated that they have raised the service request and it will be resolved and requested the complainant to wait for 120 days for further process. They further stated that temporary credit will be posted to his account and the complainant will not be able to use this, till the investigation is over.
The complainant’s contention is that after this, there was no response from their end and the amount is not re-credited to his account till date.
9. The opposite party’s contention in this regard is that there is no human intervention in the entire transactions; both made by the complainant to the University and vice versa. If really a credit has been received from the University, it will be definitely reflected in the statement of the opposite party. If for any reason, it is not credited, then the amount will be reverted to the account of the University. They had stated that, it is for the complainant to re-check with the University to see whether the amount has been re-credited to their account.
10. After perusing the documents produced by the complainant, particularly Ext.A3, the University has clearly mentioned that the amount is credited to the complainant’s account and they have completed the entire formalities for refunding the amount and no further correspondence is entertained and treat the matter as closed.
The complainant being a customer of the opposite party Bank, it is their duty and responsibility to enquire into the matter and resolve the issue. Eventhough, they are not responsible for the non-credit of the amount, a duty is cast upon them to investigate into the entire transactions and find out the issue. They have also assured to do this through Ext.A5, mail; but failed to act as per their promise. Point No.1 is decided accordingly.
11. Points 2 to 4
As per the discussion and conclusion arrived at in Point No.1, the opposite party failed to act as per their assurance to investigate into the transactions and find out the reason for the non-credit of the amount to the complainant’s account. Eventhough they took a stand that the complainant has to enquire with the University whether the amount is re-credited to their account, it is not acceptable. The complainant being their customer, the opposite party is bound to enquire into the details of the transaction. Further, it is not possible for an ordinary lay man to find out reason for non-credit of the amount. The complainant had submitted all the necessary information to the opposite party which they sought for in assisting their enquiry. So, the failure on the part of the opposite party to look into the matter and resolve it amounts to deficiency in service on their part and they are bound to compensate the complainant for that. The complainant had suffered financial loss and mental agony due to the acts of the opposite party.
In the result, the complaint is allowed.
So, the opposite party is directed to enquire into to the details of the transaction and the reason non-credit of the amount to the complainant’s account. If they are not able to trace it out, the opposite party is directed to refund Rs.7,925/- along with 10% interest from 03.07.2023, till payment.
The opposite party is further directed to pay Rs.25,000/- for their deficiency in service and Rs.15,000/- as compensation for the mental agony suffered by the complainant and Rs.5,000/- as cost of the litigation.
The above amounts are to be paid within 45 days of receipt of this order, failing which the opposite party is liable to pay Rs.500/-as solatium per month or part thereof from the date of the order till the date of final payment.
Pronounced in open court on this the 14th day of November, 2024.
Sd/-
VINAY MENON .V, PRESIDENT.
Sd/-
VIDYA A., MEMBER.
APPENDIX
Documents marked from the side of the complainant:
Ext.A1: Copy of credit card own by U.Girish Kumar with Card No.5334 6700 0144 1936.
Ext.A2: Copy of the credit card statement dated 17.12.2022.
Ext.A3: Transaction details for the refund of admission fee issued to karthika.G dated 13.07.2023 by the controller of examination Central University of Andanantpurin.
Ext.A4: Copy of the E-mail sent by Girish Kumar to Ext.A5: Copy of the E-mail sent from Ext.A6: Statement of account of Flipkart Axis Bank Credit Card dated 18.11.2023.
Document marked from the side of Opposite party:
Ext.B1: Credit Card statement of U.Girish Kumar.
Document marked from the side of Court: Nil
Witness examined on the side of the complainant: Nil
Witness examined on the side of the opposite party: Nil
Court witness: Nil
Cost : Nil.
NB: Parties are directed to take back all extra set of documents submitted in the proceedings in accordance with Regulation 20(5) of the Consumer Protection (Consumer Commission Procedure) Regulations, 2020 failing which they will be weeded out.
