M.THANIKACHALAM J. - (1.) The respondent as complainant filed a complaint before the District Forum against the appellant/opposite party praying for the direction to the opposite party to refund the excess amount of Rs.1,000/-, to pay a sum of Rs.1 lakh as compensation towards mental agony and to pay Rs.2,000/- towards cost. The District Forum allowed the complaint, against the said order, this appeal is preferred praying to set aside the order of the District Forum dt.19.03.2008 in C.C.762/2004. This appeal coming before us for hearing finally on 15.04.2011, upon hearing the arguments of the either counsels and perused the documents, as well as the order of the District Forum, this Commission made the following order: The opposite party is the appellant.
(2.) Facts necessary to dispose the case: The complainant being the proprietor of Raghav Silk Palace, was having the opposite partys bank Credit Card bearing No.37704011254019, which was used only during emergency. In the month of May 2003, she surrendered the Credit Card, under a letter dated 30.05.2003, paying the amount payable namely Rs.11,093/-, by cheque, which was also encashed. Thus, the complainant was bonafidely, believed that the entire amount was settled as on 31.5.2003.
(3.) The opposite party as per the letter dated 25.08.2003, demanded a sum of Rs.1,150.63, as if outstanding, despite the fact, the account was settled on 30.05.2003. The complainant unable to bear the hardship and ill-treatment, paid the additional sum of Rs.1,000/- pm 20.12.2003 by cheque, which should be construed, as excess payment, thereby the opposite party caused mental agony, torture etc., for which, the complainant as a consumer, entitled to compensation. A legal notice was issued, claiming refund of Rs.1,000/- as well as compensation of Rs.1 lakh, for which, there was no response, therefore, the complainant was constrained to file this case.;