Sri S.C. Sahoo, Member-This is a complaint praying for a direction to Ops to credit Rs.2500/- in his account with compensation of Rs.10,000/- for mental agony and financial loss.
The brief facts of the complaint is that the complainant had opened one SB A/C in the branch of Op1 bearing A/C No. 542810110002427 since 3 years back having ATM card bearing No. 5264955428005636 for ATM transaction in order to doing his transaction smoothly for his day to day requirement of money. On dt.26.02.2013 at 10 am the complainant has made withdrawal of an amount of Rs.10, 000/- through ATM counter of SBI, situated at Labanya Chhak, Mining Road, Keonjhar by inserting ATM card and the said withdrawal transaction of Rs.10,000/- was successful and after that again the complainant made another withdrawal amount of Rs.2500/- vide TXN No. 3432 dt.26.02.2013 through his said ATM ID No. S10A600113007 without disbursing amount of Rs.2500/- and a slip came out from the ATM showing deduction of Rs.2500/- of ATM of SBI. Then after the complainant informed to the staff of Op2 at Keonjhar main branch and the Op2 advised to lodge a complaint for credit of amount of Rs.2500/- in his A/C. despite several requests both in oral & writing to Ops the grievance of the complainant could not be settled and the money of Rs.2500/- has not yet been credited to his A/C which put the complainant mental agony and harassment by the Ops. Hence this complaint –
In support filed:
- Xerox copy of SB A/C of Bank of India, Chilida Branch- 2 sheets
- Paper cutting regarding news against B.M, B.O.I, Chilida Branch- 1 sheet
After service of notice the Ops appeared and filed their version stating that the present case is not maintainable in the eye of law and there is no cause of action to bring this case against the Ops and also suffers from non-joinder of necessary party as the complainant had used the ATM of SBI, and as such SBI is a necessary party who will better explain the cause and the case is not maintainable in absence of SBI and further the Ops stated that the complainant has SB A/C with Op1 being the SB A/C No. 542810110002427 since from 14.09.2011 of which an ATM card being issued to the complainant bearing No. 5264955428005636 for transaction through this ATM card and withdrawal of Rs.10,000/- on 26.02.2013 at 10 am by pushing/inserting ATM card was successful but transaction of withdrawal of Rs.2500/- a slip came out from the ATM of SBI showing deduction of amount and on receipt of request from the complainant for reversal of failed transaction of amount of Rs.2500/- the Ops in this case has tried their level best for charge back the alleged amount from SBI on 14.03.13, 28.09.13, 22.10.14 and 15.10.14. But the SBI has not responding to the requests of the Ops and the Ops never putting the complainant into mental agony and physical harassment including financial loss and as such the Ops are no way deficient in service.
In support filed:
- C.C.F application dt.14.03.13 with reference No. 140313Data3890- 1 sheet
- 2nd CCF application dt.28.09.13- 1 sheet
- Request for charge back claim dt.28.09.13 by B.M. Manoj Pati, B.O.I, Chilida Branch- 1 sheet
- Request for charge back claim by A. Raja Chandar, Keonjhar Branch, BOI-1 sheet
- Request for charge back claim by A.K. Satpathy Sr. Manager C.S.D. Bank of India- 2 sheets
Heard the contesting parties. It is not disputed that withdrawal of amount Rs.2500/- by the complainant from SBI, ATM situated at Labanya Squire, Mining Road, Keonjhar on dt.26.02.13 without disbursing the alleged amount of which a slip came out from the SBI, ATM. The complainant submitted the transaction slips of the amount i.e. Rs.2500/- was deposited with B.O.I, Keonjhar branch for such amount as not come out from the ATM of SBI and also the details of both the transaction slips were also given to B.O.I, Chilida Branch. But no action by the Ops till yet.
On the other hand the learned counsel for the Ops submitted that the Ops have filed their level best for reversal of the failed transaction of the complainant for charge back the alleged amount of Rs 2500/- from SBI by issuing several letters by the Ops. But the SBI remained silent and not responding to the request of Ops and for this the Ops are no way liable any deficiency for rendering service to the complainant.
In this context it is seen that the transaction of amount of Rs.2500/- was done by the complainant at ATM of SBI who is not arrayed as party in this case can only explain the cause of failed transaction of the amount of Rs.2500/-. And we held that this proceeding is suffers from non-joinder of SBI as necessary party since the complainant had used the ATM of SBI and SBI is the necessary party could be impleaded in the complaint for explaining better on failed transaction. Hence, the complaint of the complainant is dismissed for non-joinder of necessary party and is not maintainable.
Accordingly, the case is disposed of.
