State Consumer Disputes Redressal Commission
The Customer Relation Officer, Axix ... vs N. C. Basak & Sons on 2 February, 2015
Daily Order STATE CONSUMER DISPUTES REDRESSAL COMMISSION WEST BENGAL 11A, Mirza Ghalib Street, Kolkata - 700087 First Appeal No. FA/269/2013 (Arisen out of Order Dated 11/02/2013 in Case No. Complaint Case No. CC/101/2012 of District Howrah) 1. The Customer Relation Officer, Axix Bank Ltd. Eastern Zonal Office, Merchant Acquiring Div., Sr. Manager & Operations Head, 5, Shakespeare Sarani(1st Floor), P.S. Shakespeare Sarani, Kolkata-700 071. 2. The Branch Manager, Axis Bank Ltd. Panchanantala Branch, 2, Despran Sasmal Road, P.S. - Bantra, Howrah - 711 101. ...........Appellant(s) Versus 1. N. C. Basak & Sons A partnership firm, represented by Sri Debasis Basak, 346, Netaji Subhas Road, Howrah - 711 101, P.S. Howrah, Dist. - Howrah. ...........Respondent(s) BEFORE: HON'BLE MR. JUSTICE KALIDAS MUKHERJEE PRESIDENT HON'BLE MRS. MRIDULA ROY MEMBER HON'BLE MR. TARAPADA GANGOPADHYAY MEMBER For the Appellant: Mr. Debtanay Banerjee Mr. Amitabha Roy, Advocate For the Respondent: Mr. Ajay Kr. Agarwal, Advocate ORDER
02/02/15 HON'BLE JUSTICE MR. KALIDAS MUKHERJEE, PRESIDENT This Appeal is directed against the judgment and order passed by Learned District Forum, Howrah in case no.CC 101 of 2012 allowing the complaint and directing the OPs jointly and severally to credit the transaction amount of Rs.64,059.69 within 30 days from the date of order. The OPs were further directed to pay Rs.10,000/- as compensation and Rs.2,000/- as litigation cost to the Complainant.
The case of the Complainant/Respondent, in short, is that the Complainant along with his partners has been carrying on jewellery business under the name and style "N.C. Basak & Sons". The Complainant's firm has one current bank account with Axis Bank Ltd., Panchanantala Branch, Deshpran Sasmal Road, Howrah in the name of "N. C. Basak & Sons". The Complainant's firm applied before the Axis Bank Ltd. (OP No.1) for providing them with the facilities of accepting credit card from its customers for payment of price of the goods and articles sold to them in lieu of cash. The OP No.1 duly permitted and provided the said facilities to the Complainant's firm and necessary equipment was installed and Axis Bank logo was activated therein on and from 07/09/07. On 17/08/11 the customer, namely, Siddhartha Daga purchased one gold fancy chain from the showroom of the Complainant's firm for a total price of Rs.64,059.69 and the customer produced his credit card to the Complainant for payment of the said price. The Complainant after verifying and comparing the signature of the customer with the signature appearing in the credit card and on being satisfied processed the credit card under swipe mode system to the Axis Bank and the Bank duly confirmed and gave intimation to the Complainant through the card swiping machine about the clearance of the said transaction through the said credit card and also confirmed the credit of the said sale price of Rs.64,059.69. After obtaining the above intimation from the OP No.2 the Complainant issued cash memo cum tax invoice in the name of the customer and after obtaining the signature of the customer upon the cash memo duly handed over and delivered the aforesaid gold fancy chain and the customer's copy was delivered to the customer, namely, Siddhartha Daga. Unfortunately, on 18/08/11 a letter was sent to the Complainant by the OP No.2 with intimation that the payment of the aforesaid transaction has been held back for high value transaction and asked the Complainant's firm to send the copies of signed charge slip of the said transaction and the invoice signed by the card holder. The said letter was received by the Complainant on 24/08/11. Another letter dated 29/08/11 was also sent to the Complainant's firm by OP No.2 with the request to send those copies of the documents within the three days with a threat to debit the same amount of the transaction from the Complainant's account if the Complainant's firm failed to produce the charge slip. The Complainant duly sent those copies of the documents. Upon verifying the Bank's statements in respect of their current account the Complainant found that the amount of the said transaction had not been credited with their account. For the said reason, the complaint was filed before the Learned District Forum.
The Learned Counsel for the Appellant has submitted that the card holder was Mr. Siddhartha Daga and as the signature tallied, the Complainant made the transaction, but subsequently came to know that it was obtained by the customer by exercising fraud. It is contended that the card belonged to HDFC Bank and this Bank has not been impleaded in this case. It is submitted that the Complainant did not exercise due diligence. It is contended that Siddhartha Daga lodged complaint with the HDFC Bank. It is contended that the transaction took place on 17/08/11 and the complaint was lodged by Mr. Siddhartha Daga with the HDFC Bank on 18/08/11, that is, after the transaction was made. It is submitted that the Complainant is not a consumer within the meaning of section 2(1)(d) of the C. P. Act, 1986, in as much as, it is a commercial establishment and the card was used in connection with the commercial transaction.
The Learned Counsel for the Respondent, on the other hand, has submitted that the transaction was shown successful and the signature tallied. It is contended that the Axis Bank is a service provider. It is contended that the Complainant hired the services of Axis Bank. It is submitted that as the transaction was successful and the goods were sold the Axis Bank had sent the money to HDFC Bank.
We have heard the submission made by both sides and perused the papers on record. It has been held by the Hon'ble National Commission in the decision reported in 2011 (2) CPR 376 (NC) [Smt. Sushama Goel vs. Punjab National Bank] that Bank account maintained by a commercial organization for a commercial purpose falls outside the ambit of C. P. Act. In another decision reported in 2012 (2) CPR 68 (NC) [M/s MCS Computer Service (P) Ltd. Vs. M/s Allena Auto Industries Pvt. Ltd.] it has been held that the private limited company cannot file complaint under the C. P. Act. In the instant case it is found that the complaint was filed by N.C. Basak & Sons, a partnership firm which is engaged in carrying on jewellery business. The Complainant has a current account and for the purpose of receiving payment from the customers with the help of credit card the OP Bank installed a card swiping machine on the request of the Complainant. It appears that on 17/08/11 one customer, namely, Siddhartha Daga purchased one gold fancy chain and made the payment by swiping the credit card. As per the contention of the Complainant as made in the petition of complaint that on verification of the signature the payment was accepted and the goods were sold. Subsequently, it was found by the Complainant that the amount in question was not credited with its account. It is the contention of the Learned Counsel for the Appellant that the card actually belonged to Mr. Siddhartha Daga and he lodged complaint with the HDFC Bank on 18/08/11 although the transaction took place on 17/08/11. It is contended that the missing information was sent at a subsequent date and, as such, the payment was made.
Evidently, the Complainant is engaged in jewellery business and on its request the card swiping machine was installed by Axis Bank for receiving payment from the customers with the help of credit card. The transaction in question was made in connection with the commercial activity by the Complainant and in view of the decisions cited above it is clear that the Complainant is a commercial concern and engaged in commercial activity. The complaint was, therefore, not maintainable before the Learned District Forum. The Learned District Forum was not justified in allowing the complaint.
The Appeal is allowed. We set aside the impugned judgment and order. The petition of complaint is dismissed. [HON'BLE MR. JUSTICE KALIDAS MUKHERJEE] PRESIDENT [HON'BLE MRS. MRIDULA ROY] MEMBER [HON'BLE MR. TARAPADA GANGOPADHYAY] MEMBER