Smt. Sangita Paul, Member
This is a case was filed by Shri Biswajit Mondal, S/o. Late Santosh Kumar Mondal of Village-South Dogachha, P.O. – Rassa Dogachha, P.S. – Usthi, District-South 24 Parganas, Pin – 743 375 against Branch Manager, PNB of Srichanda Branch and Chief Assistant General Manager, PNB with a prayer for directing the OPs. to pay Rs.7,000/-, which was debited by the complainant’s bank account to p[ay to the complainant, a sum of Rs.20,000/- as mental agony and emotional loss to pay Rs.10,000/- as litigation cost.
OP No.1 is Branch Manager, PNB of Srichanda Branch. The address is P.O.-Boinchberia, P.S. –Usthi, District – South 24 Parganas.
OP No.2 is Branch Manager, UBI Bank, Srichanda Branch. The address is P.O.-Boinchberia, P.S. –Usthi, District – South 24 Parganas.
OP No.3 is Chief Assistant General Manager, A.D.C., Alternative Delivery Control, United Bank of India. The address is 11, Hemanta Basu Sarani, Kolkata-700 001.
The complainant, by filing this case states that the complainant is an account holder being no.125401014248 of PNB of Srichandapur Branch, (formerly UBI at Srichandapur Branch) under P.S.-Usthi, District-South 24 Paganas. The complainant went to the ATM counter at Diamond Harbour on 26.03.2019, at 12:30 p.m. and processed for withdrawal of Rs.7,000/- from the said account. Due to some mechanical defect, the complainant failed to get the money. The complainant waited for 10 minutes, he expected to get money. In the meantime, the complainant received a message that Rs.7,000/- has been debited from his S/B A/C and the ATM transaction was successful.
The complainant sent a written complaint on 27.03.2019 to the Branch Manager of UBI, Srichanda Braaanch for remedy. It has become known to the complainant that the complaint of 27.03.2019 was rejected. The complainant made another complainant on 08.04.2019 for sending CCTV footage during the period of transaction, but no action has been taken by the concerned bank. The complainant sent legal notice on 25.06.2019.
The complainant met with the Branch Manager. The Branch Manager supplied some written documents along with CCTV footage of 26.03.2019, when the complainant was entering at the ATM counter. There was no photo of the complainant at the time of taking money from the ATM. From that document, it is revealed that the ATM transaction was done successfully. Again the complainant sent legal notice on 12.07.2019 and requested to send the CCTV footage that the complaint was taking money from th3e ATM.
That the cause of action arose on 26.03.2019. The complainant prays for directing the OPs to pay Rs.7,000/- which was debited from the complainant’s bank account, to pay to the complainant , a sum of Rs.20,000/- as compensation for unfair trade practice, mental agony and emotional loss, to pay litigation cost of Rs.10,000/-.
In the written version OP No.1 stated that in pursuant to the Gazettle Notification No.133 dated 04.03.2020 of the Govt. of India United Bank of India has been amalgamated with Punjab National Bank u/s 9 of the Banking Companies Acquisition and Transfer of Undertakings Act 1980.
From 01.04.2020 the undertaking of the transferor Bank shall without any further act, instrument, deed stand transferred to and vest in the transferee Bank (Punjab National Bank). Every proceeding of the transferor Bank shall be continued by the Transferee Bank from the effective date. It shall be deemed that the same has been enforced by or against the Transferee Bank (Punjab National Bank).
The complaint petition is not at all maintainable in law. The OPs state that the complainant has a account being No.25410104248 and Srichanda Branch of PNB, the complainant went to the ATM counter of Diamond Harbour at 12:30 p.m. to withdraw Rs.7,000/-. The transaction was done successfully.
The complainant made a written objection on 08.04.2019, requested to send the CCTV footage during transaction. But no reply was sent by the Branch Manager PNB. They are unable to give message that the complainant is drawing money.
On 06.07.2019 the Branch Manager of Shirakole Branch PNB (Earlier UBI) sent some documents with photocopy of CCTV footage. It showed that the complainant was entering at the counter. That means he had successfully drawn money.
The complainant again sent a legal notice on 12.07.2019 for sending CCTV footage. The objections filed by the complainant is denied by the OPs. The bank cannot display the video footage that the complainant is counting cash. As per Electronic Journal 2 Nos. of Rs.500/- and 3 Nos. of Rs.2000/- were dispensed.
Hence the OPs state that the above objection be dismissed with exemplary cost.
That the case was filed on 17.09.2019. The case was admitted on 30.09.2019. On 29.11.2019, Ld. Lawyer of the OP files power and W/V. On 16.12.2019, the complainant files evidence on affidavit. Copy served. On 03.012020, OP No.2 files evidence on affidavit. Copy served. On 10.02.2020, the complainant files a petition with a prayer to direct the OP to submit the photocopy of CCTV video footage of ATM counter, Diamond Harbour of UBI (at present PNB) on 26.03.2019. On 29.12.2021, the complainant is directed to show cause as to why the case shall not be dismissed for non-prosecution. On 08.02.2022, the complainant files show ause. On 28.02.2022, the complainant files amended complaint along with amendment petition. Prayer for amendment is allowed. On 06.05.2022, the OP Bank, undertakes to file amended W/V. On 06.06.2022, OP filed amended W/V. On 11.07.2022, the show cause filed by the complainant appeared to be sufficient and accepted. On 12.08.2022, the complainant files amended evidence on affidavit. On 17.11.2022, OP files questionnaire. Copy served. On 14.12.2022, Ld. Lawyer of the complainant files reply. Copy served. On 20.12.2022, the complainant prays for producing CCTV video footage of ATM Counter at Diamond Harbour dated 26.03.2019 before the Commission. The prayer is hereby allowed. Consequently the Branch Manager of the PNB (Srichanda Branch) is hereby directed to produce all the photocopies of CCTV footage of ATM at Diamond Harbour of (PNB) dated 26.03.2019 by 21.02.2023. On 21.02.2023 Ld. Lawyer of the OP is present with photocopies as directed which be kept with the record.
On 10.04.2023, both parties are present. OP files BNA. Copy served. Complainant also filed BNA. On 05.006.2023 argument was heard in part. On 23.07.2023 Ld. Lawyer of both parties are present. OP files a copy of Surveillance report. Argument was heard in full. Accordingly we proceeded for giving judgement.
Points for consideration :-
- Is the complainant, a consumer?
- Are the OPs guilty of deficiency in service and unfair trade practice?
- Is the complainant entitled to get relief as prayed for?
Decision with reasons :-
Point No.1:-
On perusal of records and documents, it appears that the complainant is an account holder of Punjab National Bank (Erstwhile United Bank of India) of Srichanda Branch. His account number is 12540101042248. Complainant went to withdraw money, unfortunately he failed to receive the same. After inserting the ATM Card, the complainant intended to withdraw Rs.7000/- but he did not get the same. As the complainant is an account holder and has balance in his account he is a consumer u/s 2(7) of the Consumer Protection Act, 2019.
So, the first point is settled in favour of the complainant.
Point No:2 :
The complainant went to withdraw money on 26.03.2019. The complainant went to the ATM Counter. The transaction started on 12:29:34 p.m. Pin was entered on 12:30:45 sec., notes were stacked. As per report of electronic journal, the transaction ended. Rs.7,000/- was withdrawn. It appears that two notes of Rs.500/- and three notes of Rs.2000/- were withdrawn. The transaction ended at 12:31:35 p.m. These are evident from the status of the transaction filed by the OP No.2. Another transaction started on 12:32:12 p.m. The complainant failed to receive money. But Rs.7000/- is debited from the complainant’s S/B Account. The OPs are not in a position to believe this. Due to some unforeseen factors, the complainant’s money was debited, but he failed to receive Rs.7000/-. The mystery remained unresolved. No step has been taken by the OPs. The said amount was debited fraudulently from the complainant’s account. OPs did not help the complainant in this regard. The OPs mentioned that CCTV footage is displayed inside ATM premises for security reason, and does not focus on customer accepting cash whether an attempt has been made to acquire sensitive information by masquerading a trustworthy entity in an electronic communication has been made or not – it remains undecided. The complainant became the victim. It is due to the deficiency in service of OPs that the problem of the complainant was not redressed.
If the account of transaction was shown, it would have been discovered if any extra amount was remaining. It is due to the unfair trade practice of the OP that the complainant is deprived of getting the desired amount.
So, the second point is decided in favour of the complainant and against the OPs.
Point No.03 :-
The complainant wanted to withdraw money but failed to get Rs.7000/-. The pass book also displays that the same amount has been debited from the Savings Bank Account, of the complainant. Complainant informed the OPs, but with no effect. OPs are not in a position to believe that the complainant failed to receive the cash. OPs did not show the account of transaction. The case is a fine example of cyber crime. Money is taken away by fraudsters. The complainant suffered for no fault of his own. So the complainant is entitled to get the relief as prayed for.
Hence, the third point is decided in favour of the complainant and against the OPs.
In the result, the complaint case succeeds.
Fees paid is correct.
Hence, it is,
ORDERED
That the complaint case be and the same is allowed on contest against the OPs with cost of Rs.15,000/- (Rupees fifteen thousand).
That the OPs jointly and / or severally are directed to pay Rs.7000/- along with interest @9% p.a. w.e.f. 26.03.2019 till full realization to the complainant within 30 days from the date of this order.
That the OPs jointly and / or severally are directed to pay compensation to the tune of Rs.20,000/- (Rupees twenty thousand) to the complainant for deficiency in service, mental pain and agony caused to the complainant within 30 days from the date of this order.
That the litigation cost of Rs.15,000/- (Rupees fifteen thousand) is to be paid by the OPs within the stipulated period of 30 days.
That the complainant is at liberty to put the order into execution if the orders are not complied with within 30 days from the date of this order.
Ld. Member Sri Partha Kumar Basu joined on 11.04.2023 and he did not take part in hearing the argument of the case. As such he did not sign the judgement and order passed on this day.
Let a copy of this order be supplied to the parties concerned free of cost.
That the final order will be available in the following website: www.confonet.nic.in.
Dictated and corrected by me.
Sangita Paul
Member
