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Judgment
4 paragraphs · 348 words-THIS appeal has been directed by the complainant against order dated 27. 9. 2007 vide which his complaint was accepted and respondents were directed to settle his account by crediting Rs. 22,500 along with a sum of Rs. 2,500 on account of compensation for harassment and litigation expenses.
APPELLANT (complainant) had SBI Card No. 4317575129030418 and respondents wrongly debited an amount of Rs. 22,500 by stating that he had made certain purchases. However, appellant replied that he never made such purchases and his signatures on the purchase receipt did not match with his signatures. However, respondent failed to settle his account in spite of repeated demands. Alleging deficiency in service, complaint was filed and appellant sought relief that his account be settled and further to pay Rs. 75,000 for mental agony, etc. and Rs. 7,500 as litigation expenses.
Respondents did not file any written statement in spite of service of notice. They had appeared and in spite of taking last adjournment subject to payment of Rs. 250 as costs, written reply was not filed and as such their defence was struck off by order. Thus, in the circumstances we will have to believe the version of appellant that a sum of Rs. 22,500 had been wrongly debited because the respondent had not led any evidence that the purchase slip contained the signatures of appellant. Therefore, it amounts deficiency in service and unfair trade practice as they had wrongly debited an amount of Rs. 22,500 in the account of appellant.
APPELLANT contended that the compensation amount is meagre and the same should be enhanced. In our opinion, his contention is not correct. The District Consumer Forum had allowed that the amount of Rs. 22,500 debited from the account of appellant be credited and further allowed Rs. 2,500 as costs for litigation and compensation for harassment, etc. In the circumstances of the case compensation awarded is just and proper and calls for no interference. Consequently, the appeal for enhancement of compensation is dismissed. Copies of this order be communicated to the parties, free of charge. Appeal dismissed.
